This is the second in an occasional series of articles dealing with the ways in which the courts are defining and redefining aspects of ADR processes. For the first article see (2001) ADR Bulletin 3(10).

In National Australia Bank Ltd v Freeman [2000] QSC 295 (11 October 2000) the bank sued on a bill facility, seeking to recover over $1 million from Freeman, a Queensland farmer. The bank sought recovery of the pastoral land and stock which the defendant had provided as securities for the bill facility.