Case Notes: The Backdoor Method to Enforcing Farm Debt; Agreeing to Agree; and Avoiding a Dispute the Jack Daniels Way

(2012) 23 ADRJ 227

5 Pages Posted: 24 Jan 2013 Last revised: 26 May 2014

Date Written: November 1, 2012

Abstract

Farm Debt Mediation legislation prevents banks from enforcing farm debts unless mediation has taken place - this case avoided the legislation by the creditor seeking to enforce loan agreements as opposed to mortgages. The second case looks at whether, under Australian law, an agreement struck during mediation is enforceable pursuant to Masters v Cameron. Finally the author looks at the Jack Daniels method of resolving a trademark dispute.

Keywords: mediation, dispute resolution, litigation

JEL Classification: K40, K41

Suggested Citation

Spencer, David L., Case Notes: The Backdoor Method to Enforcing Farm Debt; Agreeing to Agree; and Avoiding a Dispute the Jack Daniels Way (November 1, 2012). (2012) 23 ADRJ 227, Available at SSRN: https://ssrn.com/abstract=2206033

David L. Spencer (Contact Author)

La Trobe University ( email )

PO Box 2318
Kew, Victoria 3101
Australia
+61 3 99533077 (Phone)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
52
Abstract Views
478
Rank
687,751
PlumX Metrics