VERY IMPORTANT CLASS ACTION REGISTRATION REQUIRED

Order Entered
Order NOT Entered




No: (P)NSD324/2009
Federal Court of Australia

District Registry: New South Wales
Division: General



CHARLES HODGES & MARK HODGES AS TRUSTEES OF THE CHARLES HODGES SUPERANNUATION FUND
Plaintiff

ANDREA JANE WATERS and others named in the schedule
Defendant


ORDER

	Column 1	Column 2
0	JUDGE:	Justice Perram
1	DATE OF ORDER:	22 August 2014
2	WHERE MADE:	Sydney

THE COURT ORDERS THAT:

Registration of Group Members

1. Pursuant to section 33ZF of the Federal Court of Australia Act 1976 (Cth) (the Act), any Group Member who wishes to participate in any distribution of any amount agreed in settlement of these proceedings (PIF Class Action) shall by no later than 4.00 pm on 1 October 2014 have delivered to Armstrong Registry Services Limited (Armstrong), as agent for the solicitors for the Applicants, a registration form in the form set out at Annexure C to these orders (the Registration Form).
2. The Registration Form may be completed on behalf of a Claimant by their solicitor or other agent.
3. Any person who is a Group Member (who has not opted out) and does not complete and return a Registration Form in accordance with order 1, above, by 4:00pm on 1 October 2014 will remain a Group Member for all purposes, and will be bound by any resolution of the proceedings, but shall not be entitled to receive a distribution from any amount agreed in settlement of the PIF Class Action or any damages awarded in the PIF Class Action.

Giving Notice of the Registration Process

1. Pursuant to sections 33X and 33Y of the Act:
   1. the terms of the Advertisement set out in Annexure A to these orders be approved (the Advertisement);
   2. the terms of the Registration Notice set out in Annexure B to these orders be approved (the Notice); and
   3. the terms of the Registration Form set out in Annexure C to these orders be approved.
2. The solicitors for the Applicants are to give notice to Group Members of the registration process via the following procedure at the Applicants’ cost:
   1. By no later than 29 August 2014 publishing the Advertisement in the legal notices or equivalent section in one weekday edition of each of:
      1. The Australian Financial Review; and
      2. The Australian.
   2. By no later than 29 August 2014 causing a copy of the Notice to be made available to Group Members for download on a website hosted by JWS with a web address www.pifclaims.com.au.
   3. Instructing Armstrong to, by no later than 29 August 2014, transmit the Notice and Registration Form to the postal address of each of the Group Members (who has not opted out) at:
      1. either the postal address recorded in the Premium Income Fund (PIF)’s register of unitholders as at 31 January 2008; or
      2. where a more recent postal address has been provided to Bentham IMF Limited, to that postal address.
   4. Where the Applicants’ solicitors have identified that a Group Member is deceased, the Notice and Registration Form will be addressed to the estate of that Group Member and care of his or her executor or administrator where the identity of that administrator or executor is available to the Applicants’ solicitors.
3. The Notice, Advertisement and Registration Form in Annexure A, B and C may be amended by the solicitors for the Applicants before they are posted or published in order to correct any postal, website, telephone number or other non-substantive error.

List of Registered Group Members

1. By 4.00pm on 17 October 2014 the Applicants will:
   1. deliver to the Respondents a list (in electronic form) of all persons who returned a completed Registration Form, which list shall contain:
      1. the information in the Registration Form;
      2. any amendments to the information in the Registration Form as notified to the solicitors for the Applicants by that date (List of Registered Group Members); and

with such information to be kept confidential by the Respondents.

1. 1. file with the Court, in a sealed envelope marked “Confidential List of Registered Group Members – Not to be opened without leave of the Court or a Judge”, a copy of the List of Registered Group Members.
2. The Applicants’ solicitors may delegate the function of receiving completed Registration Forms and preparing the List of Registered Group Members to Armstrong.
3. Liberty is reserved to the Applicants’ solicitors to apply for the addition, deletion or amendment of persons or details to or from the List of Registered Group Members if it appears that the omission or inclusion of a person or details was the result of an error by the solicitors or otherwise.
4. The cost of and incidental to the procedure set out in orders 4 to 9 above shall be costs in the proceeding. For the avoidance of doubt, answering enquiries from unitholders and members of the public in relation to the Notice, Registration Form or Advertisement is work incidental to orders 5 to 9 above.
5. Until further order and on the ground that it is necessary to prevent prejudice to the proper administration of justice, Confidential Exhibit RGJ 5 to the affidavit of Robert Johnston sworn 21 August 2014 (being a copy of the Settlement Deed) and the contents thereof (including the value of the Settlement Sum) be the subject of a non-publication order under section 37AF of the Act and be ordered confidential within the meaning of r 2.32(1)(b) of the Federal Court Rules 2011 (Cth).
6. The matter be stood over for further directions on 21 October 2014.
7. All procedural directions made in the proceedings apart from confidentiality orders are vacated.

Date that entry is stamped:



Deputy District Registrar