Heads of Agreement entered into following farm debt mediation under the Farm Debt Mediation Act 1994 (NSW) will be upheld as a bar to defences in subsequent proceedings unless vitiated by unconscionable conduct. A party represented by counsel who fails to object to alleged judicial bias during trial waives the right to raise that ground on appeal. Mistaken crediting of sale proceeds to a loan account does not discharge the debt where the payments were made under a mistake and there is no estoppel.
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