18MRights during cooling off period

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.

(2) The notice of rescission must be signed by the farmer or the farmer’s Australian legal practitioner.

(3) On service of a notice of rescission signed in accordance with this section, the mediation agreement is taken to be rescinded ab initio.

(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.

(5) This section and section 18L do not affect any right or remedy available otherwise than under this section or section 18L.

(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.

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].