Farm Debt
Mediation. Found.
Mother nature’s climatic extremes – from destructive floods to ravaging fires to severe droughts – coupled with economic factors, and family or generational pressures, makes farming a volatile business. All of which, at any point in time, can impact your financial position.
When your farm is in financial distress or you anticipate that financial pressures are on the horizon, you are protected by the Farm Debt Mediation Act. The Act allows you and your financier to appoint an independent mediator to assist the parties reach agreement on new contract terms including the forgiveness of interest or the deferral of payments due.
Led by Principal Peter Jackson, FCW Lawyers represents agribusinesses, farmers, and rural clients by providing advice on:
- the farm debt mediation process
- the issues that can be mediated at a farm debt mediation
- the preparation for the mediation including the preparation of an issues paper
FCW Lawyers will also attend mediation with clients and assist in the negotiations. In the event of no agreement being reached, we will act for the client in subsequent court proceedings.
Additionally, FCW Lawyers provides advice on the resources available to assist clients at mediation, including access to rural counsellors.
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Let us help you
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Key Contact
Peter Jackson
Peter Jackson
For more than 40 years, Peter has travelled the country representing rural clients at farm debt mediations and in the High Court of Australia, the Federal Court of Australia and the superior courts of all states and territories
Peter is a trusted, senior legal practitioner advising on a broad range of legal matters and disputes, including several landmark High Court cases. His work has contributed to alterations in the law relating to payment by mistake and the defined meaning of a mortgage in the Farm Debt Mediation Act 2011.
He also assists rural people with a wide range of business and property matters, such as the establishing of trusts, inter-generational transfers and biodiversity projects to supplement farm income.
Peter’s landmark farm debt mediation experience includes:
- Acting in the case of Hodgson Pastoral Co Pty Limited v Westpac Banking Corporation [1996] NSW Conv R 55,869. This case is an examination under the Farm Debt Mediation Act and particularly the meaning of the word ‘enforcement.’ This case also involved an examination of the right of Westpac to require a farmer to execute a crop lien under the terms of the mortgage.
- Acting in the case of Gain v Commonwealth Bank of Australia [1997] 42 NSWLR 252. This case examined when a mediation occurred under the Farm Debt Mediation Act.
- Acting in the High Court of Australia case of Waller v Hargraves Secured Investments Ltd [2012] HCA. The client was a farmer and claimed that a new loan had been advanced that entitled her to the protection of the Farm Debt Mediation Act. The Court overturned the earlier decision of the Court of Appeal.
