Watching brief: the Farm Debt Mediation Act heads to the High Court

01 Sep 2011

In our April newsletter, we looked at the Court of Appeal’s judgment in Waller v Hargraves Secured Investments Ltd [2010] NSWCA 300.

The case examined the application of the Farm Debt Mediation Act (1994) (NSW), specifically on the question of whether mediation is necessary for individual farm debts. In November last year, the Court of Appeal confirmed that mediation need only take place once - in respect of a farm mortgage - and not for individual farm debts.

On 10 June 2011, the High Court granted special leave to Ms Waller to appeal from the Court of Appeal’s decision. If the High Court allows the appeal, there is a very real prospect that mediation will need to take place for every debt, rather than just once in respect of a mortgage. The High Court will likely hear the appeal later this year.

We’re keeping an eye out for any developments with this case and you can stay up to date by visiting our new website www.kempstrang.com.au.

For further information, please contact lawyer georgep [at] kempstrang [dot] com [dot] au (Paris George) or partner rozdalm [at] kempstrang [dot] com [dot] au (Michael Rozdal).

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