Information for mortgagees
In most matters, a mortgagee will initiate mediation by serving a notice inviting a request for mediation on the farmer. This informs the farmer of the mortgagee's intention to take enforcement action, and the farmer's right to request mediation.
Important steps toward mediation
The following steps outline the process and notices used by the mortgagee when the mortgagee initiates mediation.
- A mortgagee must serve a Notice S14 Inviting a Request for Mediation (PDF, 136KB) and provide a Mediation Information Package (PDF, 294 KB) to the farmer.
- The mortgagee may also attach a Notice S15 Request for Mediation Incorporating Nomination of Mediators and Request for Documents (PDF, 149KB) for the farmer to respond.
- If a farmer requests mediation, the mortgagee must either agree to or refuse mediation by completing the Notice S16 Agreement or Refusal to Mediate (PDF, 122K) and provide a copy to QRIDA. A copy of the farmer's completed Notice S15 Request for Mediation Incorporating Nomination of Mediators and Request for Documents (PDF, 149KB) is also required to be provided to QRIDA.
- If the farmer initiates mediation, the mortgagee must give a Notice S14 Inviting a Request for Mediation (PDF, 136KB) and Mediation Information Package to the farmer. If the farmer is not in default, the mortgagee may refuse mediation to the farmer.
- The mortgagee must ask the chosen mediator to conduct mediation.
- The mortgagee responds to the farmer's nomination of three (3) preferred mediators by choosing one (1) of the nominated mediators by giving a Notice S18A Response to Mediator Nomination (PDF, 145KB) to the farmer and providing a copy to QRIDA.
Mortgagee's obligations
- Be prepared and participate in mediation in good faith. Refer to the Good Faith Information Sheet (PDF, 922KB).
- The mortgagee should ensure that the Farm Business Debt Mediation Act 2017 (Qld) is applicable to the farmer before proceeding to mediation.
Other options
- The mortgagee can discontinue mediation by giving a Notice S32 Discontinuing Mediation (PDF, 182KB).
- The mortgagee may make a Form 4 Application for Exemption Certificate (PDF, 131KB) once the following has occurred:
- satisfactory mediation and if any heads of agreement cooling off period has expired.
- or the farmer has failed to, and does not intend to, mediate.