NSWIn ForceAct
Farm Debt Mediation Act 1994
18MRights during cooling off period
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#### 18M Rights during cooling off period
18M Rights during cooling off period
> > (1) The farmer may, during a cooling off period arising under section 18L, serve a written notice on the creditor or the creditor’s Australian legal practitioner to the effect that the farmer rescinds the mediation agreement subject to the cooling off period.
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> > (2) The notice of rescission must be signed by the farmer or the farmer’s Australian legal practitioner.
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> > (3) On service of a notice of rescission signed in accordance with this section, the mediation agreement is taken to be rescinded ab initio.
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> > (4) If rescission occurs, the farmer or creditor is entitled to make a claim for such compensation, adjustment or accounting as is just and equitable between the farmer and the creditor where a party has received a benefit under the mediation agreement.
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> > (5) This section and section 18L do not affect any right or remedy available otherwise than under this section or section 18L.
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> > (6) A creditor may not make a claim under subsection (4) if the only basis of the claim is the rescission of the mediation agreement under this section.
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> **s 18M (previously s 11B):** Ins 1998 No 14, Sch 1 \[6\]. Am 2002 No 82, Sch 1 \[21\] \[22\]; 2005 No 98, Sch 3.25; 2018 No 16, Sch 1 \[11\]–\[13\]. Renumbered 2018 No 16, Sch 1 \[16\].