Commonwealth Bank of Australia ACN 123 123 124, in the matter of [2005] FCA 1940

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia ACN 123 123 124, in the matter of [2005] FCA 1940 COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124 & ORS, IN THE MATTER OF COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124 AND OTHERS NSD2406 OF 2005 EMMETT J 12 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2406 OF 2005

IN THE MATTER OF:

COMMONWEALTH BANK OF AUSTRALIA

ACN 123 123 124

FIRST PLAINTIFF

COMMONWEALTH LIFE LIMITED ACN 003 610 008

SECOND PLAINTIFF

COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED ACN 004 021 809

THIRD PLAINTIFF

JUDGE: EMMETT J

DATE OF ORDER: 12 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to subsection 1322(4) of the Corporations Act ('the Act'), issues or transfers of shares or units of shares of the First Plaintiff to, or in trust for: (a) the statutory funds of the Second Plaintiff, which carried on the life insurance business of providing investment-linked benefits (see subsection 31(b) of the Life Insurance Act 1995 (Cth)), including the shareholders retained profits accounts of those statutory funds; and (b) any managed investment scheme which has as its trustee or responsible entity, a controlled entity of the First Plaintiff, (but excluding any issue or transfer of shares or units of shares of the First Plaintiff to, or in trust for, any portion of a shareholder retained profits account of any of its statutory funds which is in excess of solvency requirements) which occurred in the period from 13 June 2000 to 30 June 2003, were not invalid by reason of the operation of section 259C of the Act. 2. Pursuant to subsection 1322(4) of the Act, issues or transfers of shares or units of shares of the First Plaintiff to, or in trust for: (a) the statutory funds of the Third Plaintiff, which carries on the life insurance business of providing investment-linked benefits (see subsection 31(b) of the Life Insurance Act 1995 (Cth)), including the shareholders retained profits accounts of those statutory funds; and (b) any managed investment scheme which has as its trustee or responsible entity, a controlled entity of the First Plaintiff, (but excluding any issue or transfer of shares or units of shares of the First Plaintiff to, or in trust for, any portion of a shareholder retained profits account of any of its statutory funds which is in excess of solvency requirements) which occurred in the period from 13 June 2000 to 26 July 2004, are not invalid by reason of the operation of section 259C of the Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.