Notice of Intention to make an Application to the Federal Court of Australia for confirmation of a Scheme for the transfer of the New South Wales motor vehicle compulsory third party insurance portfolio of Zurich Australian Insurance Limited to Gordian RunOff Limited

Notice of Intention to make an Application to the Federal Court of Australia for confirmation of a Scheme for the transfer of the New South Wales motor vehicle compulsory third party insurance portfolio of Zurich Australian Insurance Limited (ABN 13 000 296 640) to Gordian RunOff Limited (ABN 11 052 179 647) under Division 3A of Part III of the Insurance Act 1973 (Cth)

TAKE NOTICE that Zurich Australian Insurance Limited (ABN 13 000 296 640) (“Zurich”) and Gordian RunOff Limited (ABN 11 052 179 647) (“Gordian”) intend to apply at 10.15am on 18 December 2018 in the Federal Court of Australia at Law Courts Building, Queens Square, Sydney for orders confirming a scheme for the transfer of the New South Wales motor vehicle compulsory third party insurance portfolio of Zurich to Gordian (“Scheme”).

If the Scheme is confirmed, all NSW motor vehicle compulsory third party insurance policies that were issued by Zurich and written under the NSW motor accidents CTP insurance regime governed by the Motor Accidents Act 1988 (NSW), the Motor Accidents Compensation Act 1999 (NSW) and the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) (“Zurich NSW CTP Policy”) will transfer to Gordian.  At the same time, Gordian will be substituted for Zurich as the insurer under these policies.  Any future claims made in respect of a Zurich NSW CTP Policy after the Scheme is confirmed will need to be made to Gordian.  As part of the Scheme, Gordian will first need to obtain a licence under the Motor Accidents Compensation Act 1999 (NSW).

Persons affected by the Scheme may request to be heard by the Court on the Scheme (see below for further details).

A Scheme Summary is being sent to each holder of a Zurich NSW CTP Policy (“Affected Policyholders”) with a notified claim in respect of their Zurich NSW CTP Policy (and any other compulsory third party insurance claimants who have a notified claim with Zurich (“Affected Claimants”)) that is unsettled or otherwise outstanding as at 13 November 2018.

The Scheme, the Scheme Summary, this Notice of Intention and the actuarial reports will also be available for inspection at www.zurich.com.au/ctptransfer from 21 November 2018.

Affected Policyholders and Affected Claimants may obtain a copy of the Scheme, a summary of the Scheme that has been approved by the Australian Prudential Regulation Authority (“Scheme Summary”), this Notice of Intention, the actuarial report of Geoff Atkins from Finity dated 13 November 2018 on which the Scheme is based, and the actuarial report of Kaise Stephan from Deloitte dated 14 November 2018 on the Scheme (together the “actuarial reports”), free of charge by contacting Zurich’s Customer Care Centre on 1800 290 838 during the hours of 9:00 am to 5:00 pm AEST Monday to Friday during the period 21 November 2018 to 18 December 2018 (except public holidays in New South Wales).

Affected Policyholders and Affected Claimants wishing to inspect the Scheme, the Scheme Summary, this Notice of Intention or the actuarial reports may do so at the places set out below during the hours of 9:00 am to 5:00 pm AEST Monday to Friday during the period 21 November 2018 to 11 December 2018 (except public holidays in the relevant State or Territory).

Any person who, in the Court’s opinion, may be affected by the Scheme can ask the Court, at the hearing, to be heard on the application.  It is important that Affected Policyholders and Affected Claimants take notice of the Scheme and consider whether they wish to attend the hearing.  If you wish to be heard at the hearing, you may contact Zurich’s lawyers, King & Wood Mallesons (Attention: Meredith Paynter), Level 61, Governor Phillip Tower, 1 Farrer Place, Sydney NSW 2000 (telephone 02 9296 2000 and fax 02 9296 3999) or Gordian’s lawyers, HWL Ebsworth (Attention: Mark Kimberley), Level 14, Australia Square 264-278 George Street, Sydney NSW 2000 (telephone 02 9334 8793 and fax 02 8507 6582) before the hearing date.

Affected Policyholders and Affected Claimants (as described in this notice) are not required to take any action if they have no objection to the proposed Scheme.

Should you require further information or have any concerns about the proposed Scheme, please contact Zurich’s Customer Care Centre on 1800 290 838 or Enstar Australia Limited (ABN 99 096 363 923), Gordian's agent, during the dates and at the times listed in this notice.

We recommend that each Affected Policyholder obtain a copy of, and review, the Scheme, the Scheme Summary and the actuarial reports, which contain a discussion of the impact of the Scheme on policyholders.

Company Secretaries

Zurich Australian Insurance Limited and

Gordian RunOff Limited