Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Mutual Life Association of Australasia Limited [2009] FCA 1
INSURANCE - life insurance – scheme for transfer of part of life insurance business – application to Court for confirmation of scheme – compliance with Life Insurance Act 1995 (Cth) and Life Insurance Regulations 1995 (Cth) HELD – scheme confirmed without modification Federal Court of Australia Act 1976 (Cth) s50 Life Insurance Act 1995 (Cth) ss 3, 190, 191, 192, 194 Life Insurance Regulations 1995 (Cth) In the Application of Commonwealth Insurance Holdings Ltd and The Colonial Mutual Life Assurance Society Ltd [2007] FCA 1012 Colonial Portfolio Services Ltd v APRA [1999] FCA 1779 THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED and CHALLENGER LIFE NO.2 LIMITED
NSD 1540 of 2008
STONE J
9 jANUARY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1540 of 2008
BETWEEN: THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED
First Applicant
CHALLENGER LIFE NO.2 LIMITED
Second Applicant
JUDGE: STONE J
DATE OF ORDER: 24 November 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth): (a) Confidential Exhibit marked "JAT-1" to the affidavit of Jennifer Anne Tratt affirmed on 13 November 2008; (b) Confidential Common Exhibit marked "Confidential Challenger-1" referred to in: (i) the affidavit of Hayden Leslie King affirmed 14 November 2008; (ii) the affidavit of Richard James Howes affirmed 14 November 2008; (iii) the second affidavit of Catherine Dawn Thorpe affirmed 14 November 2008; (iv) the third affidavit of Christopher John Robson sworn 18 November 2008; and (v) the second affidavit of Anthony Ronald Bofinger sworn 19 November 2008; (c) Confidential Exhibit marked "Confidential CGA-1" to the second affidavit of Clive Graeme Aaron affirmed 19 November 2008; (d) Exhibits "ATB-5", "ATB-6" and "ATB-7" to the affidavit of Angela Terzita Bourke sworn on 18 November 2008; and (e) Exhibits "KTW-3" and "KTW-4" to the affidavit of Kenneth Thomas Watson sworn on 19 November 2008; (f) Exhibit B in this proceeding be kept confidential and access to it be restricted to the parties and their legal representatives. 2. Pursuant to section 194 of the Life Insurance Act 1995 (Cth), the Scheme, comprising the Scheme and Transfer Deed annexed hereto and marked "A", together with: (a) Schedule 5 (Category 1 Assets); (b) Attachment 1 (Data Room Index); and (c) Attachment 3 (Transition Management Agreement), contained in the "Transfer Deed – Deed of Amendment" at Tab 2 of the Exhibit marked "Confidential CJR-1", be confirmed. 3. The Applicants pay the costs of the proceedings of the Australian Prudential Regulation Authority as agreed or taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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