OCV octaviar limited

CA Orders, Last sections f & g for special attention

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    O'k NOR, I will help you here,
    this may be important to some members.
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    JUDGE: Justice Perram DATE OF ORDER: 4 November 2014 WHERE MADE: Sydney

    THE COURT ORDERS THAT:
    1. Pursuant to s 33ZF of the Federal Court of Australia Act 1976 (Cth) (FCAA) for the purposes of the Court considering whether to issue any notice pursuant to s 33Y(3) and 33X of the FCAA, and the terms of that Notice, the applicant in proceedings NSD 557 of 2013 (PIF RE Claim) file any Brief concerning matters which bear upon the contents of those notices or whether they ought be issued by 3 November 2014
    (with this order being made nunc pro tunc as necessary).

    2. Further to the orders made by the Court on 22 August 2014 (Registration Orders),
    and adopting the definitions contained in the Registration Orders:

    a. Pursuant to section 33Y(3) and 33(X) of the FCAA, the Court orders that the solicitors for the Applicants give notice to Registered Group Members of the application for Order 1 as sought in the Brief filed on 31 October 2014 (s 33V Application) by posting the Notice contained in Schedule 1 to this Minute of Order to each person appearing on the List of Registered Group Members at the postal address contained in the List of Registered Group Members.

    b. The Applicants are to file and (subject to order 1(c)) serve on the first and second respondents (KPMG Parties) any affidavits in support of the s33V Application on or by 4 December 2014.

    c. The Applicants have leave to file any confidential affidavit in support of the s 33V Application by delivering to the Court in a sealed envelope marked “Confidential Affidavit – Not to be Opened Except by Direction of a Judge of the Court”.

    d. Any confidential affidavit filed pursuant to Order 1(c) above be ordered confidential: i. within the meaning of Regulation 2.32(1)(b) of the Federal Court Rules 2011 and their publication and disclosure be restricted within the meaning of section 37AF(1)(b)(i) of the FCAA (on the ground that it is necessary to prevent prejudice to the proper administration of justice within the meaning of s 37AG(1)(a) of the FCAA); and/or ii. pursuant to s 33ZF of the FCAA, and not be disclosed to any person other than Perram J, the staff of Perram J, the applicants and the applicants’ legal representatives prior to the conclusion of the hearing of the s 33V Application.

    e. To give effect to Order (d), the affidavits, exhibits and annexures referred to in that order are to remain on the Court file in sealed envelope(s) marked “Confidential Affidavit – Not to be Opened Except by Direction of a Judge of the Court”.

    f. Any Group Member who wishes to oppose the s 33V Application must file and serve on the solicitors for the Applicants any affidavit evidence relied upon in opposition together with a written outline of the grounds for opposing the proposed settlement by no later than 4.00 pm on 2 December 2014.

    g. The solicitors for the Applicants must provide to the KPMG Parties a copy of any affidavit and outline served on it pursuant to Order (f) by no later than 4:00 pm on 5 December 2014. 3. The s 33V Application be listed for hearing on 8 December 2014 at 10:15 am.(bolding added)

    Date that entry is stamped:
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    Regards,
 
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