In Waller v Hargraves Secured Investments Ltd [2012] HCA 4 the High Court upheld an appeal by a farm owner that the mediation process required under the NSW Farm Debt Mediation Act before a mortgage securing a farm debt could be enforced had not been complied with.
The High Court decided that the mediation certificate that had been obtained only applied to a farm mortgage in respect of the farm debt that was the subject of a mediation and that in the case of subsequent loans and mortgages a further mediation was required.
