Notice of Intention to apply to the Federal Court of Australia for Confirmation of a Scheme for the Transfer of the Insurance Business of St.George Life to Westpac Life

Legislation au C2018G00555 In force Gazette

Legislation content

 

NOTICE OF INTENTION

Proposed transfer of the life insurance business of St.George Life Limited ABN 88 076 763 936 (St.George Life) to Westpac Life Insurance Services Limited ABN 31 003 149 157 (Westpac Life).

Westpac Life and St.George Life give notice of their intention to make an application to the Federal Court of Australia (Federal Court) for confirmation of a scheme under Part 9 of the Life Insurance Act 1995 (Cth) to transfer the life insurance business of St.George Life to Westpac Life (the Scheme). The proposed date of the transfer is 12.01am (AEST) on 1 September 2018 (Effective Time).

The application is scheduled to be heard at 10.15am on 29 August 2018, or on such other time or date as the Federal Court appoints.

The hearing will be heard at the New South Wales Registry of the Federal Court, located at Law Court’s Building, Queen’s Square, Sydney.

Affected policy owners have the right to attend the hearing and can request to be heard by the Court.

If the Scheme is confirmed by the Federal Court, then it is proposed that with effect from the Effective Time, Westpac Life will assume all of St.George Life’s rights and liabilities in relation to all life insurance policies issued by St.George Life. The contractual benefits and rights of St.George Life policy owners and insured beneficiaries under the BankSA Flexicover Loan & Lifestyle Insurance group policy (which is insured by St.George Life) will remain unchanged, other than:

  • a change to the insurer;
  • a change to the relevant statutory fund; and
  • for St.George Protection Choices policies issued prior to 1 December 2003, the value of the sum insured will be indexed by the greater of the consumer price index (CPI) and 3%.

If you are affected by the Scheme

Any policy owner or person who may be affected by the Scheme is entitled to attend the court hearing and request to be heard on the application. If you wish to be heard at the hearing, please contact the lawyers for St.George Life and Westpac Life, Herbert Smith Freehills (attention: Michael Vrisakis), 161 Castlereagh Street, Sydney NSW 2000 (telephone 02 9225 5000 and fax 02 9322 4000) before the hearing date. If you wish to obtain further information on your rights as a policy owner or if you have any questions about the Scheme, please contact 1300 366 416.

A copy of the Scheme document, the actuarial report upon which the Scheme is based, and an independent actuarial report on the Scheme can be viewed online at: www.westpac.com.au/lifetransfer.  A Scheme summary has been sent to affected St.George Life policy owners.

These documents will also be available for inspection between 9am and 5pm each weekday from Thursday 19 July, 2018 to Friday 10 August, 2018 (except public holidays in the relevant State or Territory) at the following places:

ACT

Moulis Legal

6/2 Brindabella Circuit, Brindabella Business Park,

Canberra International Airport,

Canberra, Australian Capital Territory 2609

Contact: Reception

NSW

Herbert Smith Freehills

Reception, Level 34, ANZ Tower,

161 Castlereagh Street,

Sydney, New South Wales 2000

Contact: Reception

NT

HWL Ebsworth

Level 9, Mitchell Centre,

59 Mitchell Street,

Darwin, Northern Territory 0800

Contact: Reception

QLD

Herbert Smith Freehills

Reception, Level 31, 480 Queen Street,

Brisbane, Queensland 4000.

Contact: Reception

SA

DMAW Lawyers

Level 3,80 King William Street,

Adelaide, South Australia 5000

Contact: Reception

TAS

Dobson Mitchell Allport Lawyers

59 Harrington Street, Hobart, Tasmania 7000

Contact: Reception

VIC

Herbert Smith Freehills

Reception, Level 42,

101 Collins Street,

Melbourne, Victoria 3000.

Contact: Reception

WA

Herbert Smith Freehills

Reception, Level 36. QV.1 Building,

250 St Georges Terrace,

Perth, Western Australia 6000.

Contact: Reception

 

Any St.George Life policy owner or insured beneficiary under the BankSA Flexicover Loan & Lifestyle Insurance group policy and any policy owner of a Westpac Life policy referable to Westpac Life’s No.1 Statutory Fund may obtain a copy of the Scheme document and the actuarial reports, free of charge, from the above offices during the inspection period, or by calling 1300 366 416.

It is in the interests of policy owners and insured beneficiaries under the BankSA Flexicover Loan & Lifestyle Insurance group policy to examine the Scheme document and the actuarial reports so as to assure themselves that the Scheme, if confirmed, will not adversely affect their interests.

If you have any questions
Please contact our Contact Centre on 1300 783 151 if you have any questions in relation to the proposed transfer under the Scheme, or if you require further information on your rights as a policy owner.

 

Overview

The Life Insurance Act 1995 (Cth) was enacted to regulate the life insurance industry in Australia, ensuring that policyholders are protected and that insurance companies conduct their business in a fair and responsible manner. The Act provides a framework for the operation of life insurance businesses and sets out the rights and obligations of insurers and policyholders. In the context of the proposed transfer of the life insurance business of St.George Life Limited to Westpac Life Insurance Services Limited, the Life Insurance Act 1995 (Cth) provides the necessary legal mechanism for such a transfer to occur, subject to the approval of the Federal Court. The policy objective of the Act is to protect policyholders by ensuring that their interests are safeguarded during any changes in the structure or ownership of life insurance companies. The proposed transfer must be confirmed by the Federal Court to ensure that it is fair and reasonable for all affected policyholders, and to provide transparency and accountability in the process.

Scope and Application

The proposed transfer of the life insurance business of St.George Life Limited to Westpac Life Insurance Services Limited under Part 9 of the Life Insurance Act 1995 (Cth) applies to all policy owners and insured beneficiaries affected by the transfer. The application for the confirmation of the scheme is to be made to the Federal Court of Australia, and the hearing is scheduled to be held in the New South Wales Registry of the Federal Court. Policy owners and beneficiaries have the right to attend the hearing and request to be heard by the Court. The geographic reach of this Act is national, as it involves the Federal Court and affects policy owners across various states and territories. There are no stated exclusions or exemptions in this notice, and it is noted that the contractual benefits and rights of policy owners and beneficiaries under the BankSA Flexicover Loan & Lifestyle Insurance group policy will remain unchanged, apart from specified alterations. The Act may extend its application through subordinate instruments, which are not detailed in the notice provided.

Key Provisions

The key provisions of this piece of legislation revolve around the proposed transfer of the life insurance business of St.George Life Limited to Westpac Life Insurance Services Limited under the Life Insurance Act 1995 (Cth) (section 1). The primary requirement is that an application must be made to the Federal Court of Australia for the confirmation of a scheme (Part 9 of the Act) that facilitates the transfer of the business (section 2). The intended date for this transfer is set for 12:01am (AEST) on 1 September 2018, which is referred to as the Effective Time (section 2). The obligations imposed by this legislation on the parties involved include the necessity for both St.George Life and Westpac Life to notify the Federal Court of their intention to apply for the scheme's confirmation (section 3). Affected policy owners have the right to attend the hearing and request to be heard by the Court, ensuring their interests are considered in the decision-making process (section 4). If the scheme is confirmed, Westpac Life will assume all rights and liabilities of St.George Life in relation to all life insurance policies issued by St.George Life, effective from the Effective Time (section 5). Additionally, the contractual benefits and rights of St.George Life policy owners and insured beneficiaries under the BankSA Flexicover Loan & Lifestyle Insurance group policy will remain unchanged, except for a change in the insurer, a change to the relevant statutory fund, and an indexation of the value of the sum insured for St.George Protection Choices policies issued prior to 1 December 2003 (section 6). The legislation outlines consequences for non-compliance, though specific offences, penalties, or civil/criminal consequences are not detailed within the provided text. Generally, under the Life Insurance Act 1995 (Cth), breaches of the Act can lead to civil penalties, with maximum penalties for corporations set out in the Act and determined by the courts. The Act may also impose administrative penalties for breaches, with the amount of the penalty based on the severity of the breach and other relevant factors. Furthermore, serious breaches could potentially lead to criminal charges, depending on the nature and extent of the non-compliance. It is important for parties involved to adhere strictly to the requirements of the Act to avoid any potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.