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ARTICLE · 03 JULY 2017

Farm debt mediation reforms: Has the farm house been spared?

Despite these proposed changes, farm debt mediation is overall a relatively inexpensive and efficient process.

AustraliaReal Estate and Construction

To ensure the Act reflects its original intent, the Farm Debt Mediation Act 1994 (NSW) (FDMA) is currently under review as part of the NSW Rural Assistance Authority's (RAA's) Strategic Plan 2015-2019.

The review is part of the RRA's initiative in partnership with the Australian Government to nationalise farm debt mediation, whilst driving economic growth within the industry and community.

The FDMA allows debtors in default of a farm mortgage to engage in facilitated mediation with creditors before the creditor takes enforcement action to recover the debt, allowing for the 'efficient and equitable resolution of farm disputes.'(Section 3 FDMA)

What is under review?

The proposed changes impose strict obligations upon farmers to comply with the FDMA's prescribed operation, yet eliminates some burdensome procedural requirements.

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