Section 5(2)(b) of the Farm Debt Mediation Act 1994 (NSW) applies where any creditor's petition has been presented against the farmer, not only where a sequestration order has been made. A deed of settlement entered into following mediation that merely adjusts the terms of an existing farm debt (such as extending time to pay or providing for a stay of enforcement) does not necessarily create a new farm mortgage requiring fresh compliance with the Act's mediation provisions. The 1998 amendment replacing 'the farmer or the creditor' with 'any person' broadened rather than narrowed the exclusion.
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