In a dispute over a grain sale contract when the seller could not meet its obligations because of production failures, it claimed that it was not liable to the buyer because the buyer had failed to comply with various disclosure obligations placed on it under the Corporations Act.

In Keynes v Rural Directions Pty Ltd [2010] FCAFC 100 the Full Court of the Federal Court discnissed an appeal from the Federal Court decision that the forward contracts were not financial products by virtue of the operation of s761D(3)(a).