Victorian Numbered Acts

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FARM DEBT MEDIATION ACT 2011 (NO. 42 OF 2011) - SECT 23

Conduct of mediation

    (1)     A mediation must be conducted with—

        (a)     as little formality and technicality as proper mediation of the farm debt permits; and

        (b)     as much expedition as possible.

    (2)     The Small Business Commissioner, having regard to any recommendations made by a mediator, may join any person that he or she considers appropriate to join as a party to the mediation.

    (3)     A party to a mediation may be represented by—

        (a)     an Australian legal practitioner (within the meaning of the Legal Profession Act 2004 ); or

        (b)     any other person considered appropriate by the Small Business Commissioner having regard to any recommendations made by a mediator.

    (4)     Despite subsection (3), the mediator may meet with a party to the mediation (alone or together with another party) in the absence of their representative if—

        (a)     the mediator considers it appropriate to do so; and

        (b)     the relevant party agrees to meet the mediator in the absence of their representative.



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