NOTICE OF INTENTION TO APPLY TO THE FEDERAL COURT FOR CONFIRMATION OF A SCHEME FOR THE TRANSFER OF THE INSURANCE BUSINESS OF AXA INSURANCE AUSTRALIA LIMITED TO AXA CORPORATE SOLUTIONS ASSURANCE UNDER DIVISION 3A OF PART III OF THE INSURANCE ACT 1973 (CTH).
TAKE NOTICE that AXA Insurance Australia Limited ABN 41 007 214 155 (AXA) intends to make an application to the Federal Court of Australia in Sydney on 18 June 2014 at 10:15 am, or on such later date or time as the Court appoints, for confirmation of a scheme to transfer the insurance business written or assumed by AXA to AXA Corporate Solutions Assurance ABN 95 138 904 284 (Corporate Solutions) (Scheme).
AXA is the Australian domiciled subsidiary of AXA S.A. (AXASA). Corporate Solutions is a registered foreign company and Australian domiciled branch of AXA Corporate Solutions. AXA and Corporate Solutions are authorised under the Insurance Act 1973 (Cth) (Act) to carry on general insurance business in Australia.
Persons who are insured under insurance contracts or inwards reinsurance contracts written or assumed by AXA or who may be otherwise affected by the terms of the scheme (Affected Policyholders) may attend the Court hearing and request to be heard by the Court on the application for confirmation of the Scheme. The hearing will be held at the New South Wales Registry of the Federal Court of Australia. Any holder of a Policy who wishes to appear before the Court is requested to advise the solicitor for AXA, Mark Kimberley of HWL Ebsworth, Level 14 Australia Square, 264-278 George Street, Sydney Australia (p: +61 2 9334 8793 or e: mkimberley@hwle.com.au) at least seven days prior to the hearing date specified above. Affected Policyholders are not required to take any action if they have no objection to the Scheme.
A copy of this notice, the Scheme, a summary of the Scheme and the actuarial report by Win-Li Toh of Taylor Fry dated 12 February 2014 (Actuarial Report) upon which the Scheme will be based (Scheme Documents), will be available for public inspection free of charge between the hours of 9.00am and 5.00pm (local time) every day (except weekends and public holidays) for the period commencing on 12 May 2014 and ending on 30 May 2014 at:
(a) the offices of Corporate Solutions at Level 21, 264-278 George Street, Sydney NSW 2000;
(b) the offices of PricewaterhouseCoopers at the following addresses:
New South Wales | Victoria | Queensland |
PricewaterhouseCoopers Darling Park Tower 2 201 Sussex Street | PricewaterhouseCoopers Freshwater Place
| PricewaterhouseCoopers Riverside Centre |
Western Australia | South Australia | Australian Capital Territory |
PricewaterhouseCoopers Brookfield Place
| PricewaterhouseCoopers Level 14 | PricewaterhouseCoopers 28 Sydney Avenue |
(c) and at the following addresses:
Tasmania | Northern Territory |
Wise Lord & Ferguson | Merit Partners Level 2 |
Any policyholder of AXA or Corporate Solutions may obtain a copy of the Scheme free of charge by contacting Ross Littlewood on +61 2 9274 3000 or by email at ross_littlewood@recentre.com.au.
If you have any other enquiries you may contact Ross Littlewood at the contact details referred to above.
A copy of the Scheme Documents can be viewed during the period set out above at the following website:
www.axa-corporatesolutions.com
We recommend that each holder of a Policy obtain and review both the Scheme and the Actuarial Report, which contains a discussion of the impact of the Scheme on policyholders.
THIS NOTICE HAS BEEN PREPARED BY AXA INSURANCE AUSTRALIA LIMITED
Dated: 16 April 2014