New Rules Promise Better Farm Debt Arrangements
October 11, 2017
Queensland Farmers have the protection of a compulsory farm debt mediation program that came into effect on 1 July 2017.
The program provides a resolution process for farm debt disputes, which will be managed by the Queensland Rural and Industry Development Authority (formerly the Queensland Rural Assistance Authority).
As a compulsory system, banks or other lenders must engage in mediation with farming enterprises before taking any enforcement action to recover farm business debts.
Each party must pay their own legal costs and share of the mediation costs, however by taking advantage of the mediation process, farming businesses will have a better opportunity to work with their lenders to reach an agreement on debt management before enforcement action is taken.
The mediation requirement will apply relatively broadly to mortgages over farming property including both land and water allocations and the full range of farming activities.
Other changes that came into effect on 1 July include:
- The name change from QRAA to QRIDA
- Increased research and policy functions for QRIDA with a focus on farm finance matters
- A rural debt survey to better understand the issue
- The creation of a Farm Debt Restructure Office with specific functions yet to be determined
In our experience, early negotiations with banks leads to more positive outcomes for farmers, and with the backing of the new compulsory mediation program, farmers now have more opportunity to do that in a structured way.
If you have questions about the new farm debt arrangements or other legal issues affecting your farming business please contact Norman Fox or Michael Cowley.
You might also like:
Director’s Duties – Key messages for directors (Part 6)
The use of a company to run your business can have many benefits but it is not a vehicle to hide behind to remove yourself […]
February 6, 2017
What is Joint Tenancy and Tenants in Common?
How can the different forms of tenancy on a title provide comfort or cause angst on the death of a joint owner: “joint tenants” and […]
October 19, 2017
Farming businesses and structuring options
Whether you are purchasing an existing business or starting a new one, it is important to determine the most appropriate structure for doing so before […]
November 2, 2023
Subscribe to news
Stay up to date with the latest news from the Fox and Thomas team by subscribing to our newsletter by clicking the button below.
Subscribe NowTeam Specialists
The team at Fox and Thomas are trusted legal experts with many years of combined experience acting on a wide range of matters for clients including individuals, small business, family owned enterprises and national and international companies.
Learn more