The Australian Competition and Consumer Commission launched against Murray Goulburn and its former chief executive in April over claims they misled and treated farmers unfairly.
The claims relate to representations made by Murray Goulburn to its Southern Milk Region dairy farmers about the average farmgate milk price (FMP) it expected to pay them during financial year 2015/16.
The commission alleges that Murray Goulburn misled farmers into thinking they would get as high a price as $6.05 for the season when in fact that was not the case.
![Former Murray Goulburn managing director Gary Helou is facing court action by the ACCC.](https://static.ffx.io/images/$width_300%2C$height_150/t_crop_auto/t_sharpen%2Cq_auto%2Cf_auto/e469dba434451365046c4fa14232e42b4c5f0dfb)
Former Murray Goulburn managing director Gary Helou is facing court action by the ACCC.Jason South
Managing director Gary Helou and former chief financial officer Bradley Hingle were knowingly involved in the behaviour,the ACCC alleges.
A was filed in May last year by investors over allegedly misleading the market ahead of its float last year.
The ACCC said in submissions on Thursday that trying the cases together would delay proceedings because of significant differences between the two.
It said the class action related to misleading conduct towards investors,whereas the ACCC's claim is for unconscionable and false,misleading or deceptive conduct towards farmers.
![The commission alleges that Murray Goulburn misled farmers into thinking they would get as high a price as $6.05 for the season.](https://static.ffx.io/images/$width_300%2C$height_150/t_crop_auto/t_sharpen%2Cq_auto%2Cf_auto/21813fb5b001252e2d4d6b1ef82a2a64ebfe1499)
The commission alleges that Murray Goulburn misled farmers into thinking they would get as high a price as $6.05 for the season.Bloomberg
Meanwhile,Mr Helou's lawyers said the ACCC's submission had a"high level of generality"and contained"no details or particulars".
"[The submission] omits critical information and does not properly identify the conduct,facts and knowledge relied upon by the ACCC,"they said.
Justice Jonathan Beach has ordered the ACCC file a detailed statement of claim by July 21.
The ACCC is seeking penalties from former executives rather than the co-operative in order to avoid any penalty costs flowing on to farmers.
Mr Helou and Mr Hingle face disqualification orders and penalties of up to $220,000 per breach.
The class action was lodged by investor advocate,Mark Elliott on behalf of investor John Webster,who will act as lead plaintiff in the case.
Mr Helouamid a profit downgrade in April 2016. He left on the ASX,which raised $500 million from investors.