A Western Australian farmer is suing a neighbour for negligence after genetically modified canola seed blew onto his land, causing the loss of his organic crop certification.
Steve Marsh, from Kojonup in WA's Great Southern region, has instructed his lawyers to lodge a writ in the WA Supreme Court in coming days.
The writ alleges his neighbour, Michael Baxter, was negligent in allowing GM canola to blow onto the Marsh property before harvest, contaminating his land and causing the loss of its organic status.
About 70 per cent of Mr Marsh's farm is now unusable for organic farming.
Mr Marsh said on Thursday he had engaged law firm Slater & Gordon and the fund-raising organisation The Safe Food Foundation to take up his fight and recover damages for his financial losses.
He said he hoped his case would help other farmers facing similar contamination.
"There are many other farms that have suffered cross-contamination in Australia. The result of this case could clarify what rights these farmers have."
Mr Marsh said he had suffered financially because he hadn't been able to fulfil contracts for produce, and his farm now faced an uncertain future.
Slater & Gordon lawyer Mark Walter said it was a landmark case about a farmer's right to grow what they choose on their land.
"It's the first time Australian laws about competing land uses involving GM and non-GM crops have been tested."
Mr Walter said the past seven months had been a "nightmare" for Mr Marsh, who had gone to great lengths to ensure everyone knew of his farm's organic status and that any cross-contamination would be disastrous.
"Despite those warnings, he's lost 10 years of work to build up his organic status."
The conservation organisation Greenpeace said the court case would test the rights of Australian consumers to choose what they eat.
Greenpeace food campaigner Laura Kelly said GM foods had never been proven safe nor tested for long-term health effects.
"If farmers can't stop contamination between natural crops and experimental GM crops, Australians will lose their right to avoid risky GM foods at the supermarket," she said.
GM giant Monsanto has said Mr Baxter had complied with his obligation to keep a five-metre buffer between his GM crop and the next farm, and it would stand by him.
