Queensland Consolidated Acts
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FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 44
When a mortgagee has failed to mediate
44 When a mortgagee has failed to mediate
(1) This section applies if the farmer gives a request for mediation notice to
the mortgagee.
(2) For section 43 , the mortgagee has failed to mediate in
relation to the farm business debt if— (a) the mortgagee does not respond to
the notice within 15 business days after the notice was given; or
(b) the
mortgagee has given the farmer a notice refusing the mediation; or
(c) the
mortgagee has failed to take part in mediation in good faith or has
unreasonably delayed the mediation; or
(d) all of the following apply— (i)
the farmer and the mortgagee agreed to mediate in relation to the
farm business debt;
(ii) 3 months have elapsed since the
request for mediation notice was given;
(iii) during the period since the
notice was given, the farmer has attempted to mediate with the mortgagee in
good faith;
(iv) there has been no satisfactory mediation between the farmer
and the mortgagee.
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