COMMON law rights and the ability of Australian farmers to protect their crops from genetically modified contamination will be tested in a landmark case lodged in the WA Supreme Court. A writ was lodged in the WA Supreme Court on Tuesday on behalf of Kojonup farmer Stephen Marsh to test the common law rights of property owners to recover losses as a result of GM contamination on their land and their rights to prevent future contamination. The legal action was taken after 70 per cent of Mr Marsh’s farm was stripped of its organic certification in 2010.