Order JUSTICEBEACH DOC21 - Murray Goulburn Class Actionmurraygoulburnclassaction.com.au/wp-content/uploads/2019/... · 2019-08-06 · - 3 - Prepared in the Victoria District Registry,

Prepared in the Victoria District Registry, Federal Court of Australia

Level 7, Owen Dixon Law Courts, 305 William Street, Telephone 03 8600 3333

Federal Court of Australia

District Registry: Victoria

Division: General No: VID508/2017

JOHN WILLIAM CRUSE WEBSTER AS TRUSTEE FOR THE ELCAR PTY LTD

SUPER FUND TRUST Plaintiff

MURRAY GOULBURN CO-OPERATIVE CO LIMITED (ACN 004 277 089) and

others named in the schedule

Defendants

ORDER

JUDGE: JUSTICE BEACH

DATE OF ORDER: 02 August 2019

WHERE MADE: Melbourne

THE COURT ORDERS THAT:

In these Orders, Class Members has the same meaning as the definition of Group Members

in paragraph 2 of the Plaintiff’s Second Further Amended Statement of Claim filed on

7 January 2019.

1. Pursuant to s 33ZF of the Federal Court of Australia Act 1976 (Cth) (Act), the form

and content of the Notice to Group Members (Notice), which is Annexure A to these

Orders, be approved.

2. Pursuant to s 33ZF of the Act, the Notice be distributed on or before 9 August 2019 in

accordance with the following procedure:

(a) The Second Defendant cause the Notice to be sent to all unitholders recorded on

the Second Defendant’s register of unitholders (Unitholder Register) who

acquired an interest in units in the Murray Goulburn Unit Trust (MGUT)

pursuant to the Product Disclosure Statement (PDS) issued on 29 May 2015, or

in the period from 3 July 2015 to 1 May 2017 (inclusive) and who held units in

the MGUT at the commencement of trading on either or both of 27 April 2016

and 2 May 2017:

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(i) by email, where an email address for the unitholder is recorded on the

Unitholder Register and the unitholder has elected to receive information

by email; or

(ii) where no email address for the unitholder is recorded on the Unitholder

Register or the unitholder has not elected to receive information by

email, by prepaid ordinary post at the address recorded for that unitholder

on the Unitholder Register;

(b) to the extent that the Second Defendant receives notice of a delivery failure in

relation to any email sent to a unitholder, the Second Defendant shall cause the

Notice to be sent by prepaid ordinary post to that unitholder at the address

recorded for that person on the Unitholder Register, within two (2) business days

of receiving that delivery failure notice;

(c) the Plaintiff shall cause a copy of the Notice, together with copies of the

current Statement of Claim, Defences, and any orders of the Court relating to

the matters addressed in the Notice to be displayed on the website maintained

by the plaintiff’s solicitors (Elliott Legal),

https://www.murraygoulburnclassaction.com.au, and to remain continuously

so displayed up to and including the Further Class Deadline (as defined in

Order 5).

3. The costs of and incidental to distributing the Notice (including, without limitation, costs

incurred in answering enquiries by recipients of the Notice and members of the public in

relation to the Notice) will be costs in the proceeding.

4. The Notice may be amended by the parties before it is emailed, posted, displayed or

published in accordance with Order 2, in order to correct any website or email address or

telephone number or other non-substantive error.

5. Pursuant to s 33ZF of the Act, by 4.00pm AEST on 9 September 2019 (the Further

Class Deadline), Class Members who neither opted out nor registered their status as

Class Members in the proceeding in accordance with the orders made on 12 December

2018 and who now wish to register their status as Class Members in the proceeding

must:

(a) complete and submit to the Plaintiff’s solicitors the registration form set out at

Annexure A of the Notice (Registration Form); and

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(b) submit the following information as part of the Registration Form:

(i) the Class Member’s name and postal and email addresses;

(ii) any relevant Holder Identification Number (HIN) or Security Reference

Number (SRN) associated with that Class Member;

(iii) the number of MGUT units held by the Class Member immediately prior

to the commencement of trade on 27 April 2016 and on 2 May 2017;

(iv) for each purchase by the Class Member of MGUT units pursuant to the

PDS or in the period from 3 July 2015 to 1 May 2017 (inclusive), all

transactional information regarding the purchase, including in respect of

each such purchase:

A. the date of purchase;

B. the quantity of units purchased;

C. the consideration paid (including brokerage); and

(v) for each sale by the Class Member of MGUT units during the period

from 3 July 2015 to 1 May 2017 (inclusive), all transactional

information regarding the sale, including in respect of each such sale:

A. the date of sale;

B. the quantity of units sold; and

C. the consideration received (net of brokerage).

6. For the purposes of identifying any Class Member in proceeding VID1010/2018 (the

Endeavour River Proceeding) who has submitted a Registration Form, by 4.00 pm

AEST on 16 September 2019, the Plaintiff provide the Applicant in the Endeavour

River Proceeding with a list of all persons who have submitted a Registration Form

including the information referred to in 5(b)(i)-(v) above but excluding persons who

registered their status as Class Members in the proceeding in accordance with the

orders made on 12 December 2018 (Further Confidential Webster Proceeding

Registrant List).

7. The Applicant in the Endeavour River Proceeding, by its solicitors, counsel, or agents

or however else, is not to disclose the Further Confidential Webster Proceeding

Registrant List or any part of it to any person, other than IMF Bentham Limited,

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unless provided with prior written permission from the Plaintiff or pursuant to orders

of a Judge of the Federal Court of Australia.

8. By 4.00 pm AEST on 18 September 2019, the Applicant in the Endeavour River

Proceeding inform the Plaintiff in writing of any person listed in the Further Confidential

Webster Proceeding Registrant List who is a Class Member in the Endeavour River

Proceeding.

9. The Defendants (excluding the Fourth Defendant) reimburse the Applicant in the

Endeavour River Proceeding for its reasonable expenses of complying with Order 8.

10. The Defendants’ (excluding the Fourth Defendant) costs of complying with Order 9 be

their costs in the proceeding.

11. Pursuant to section 33ZF of the Act, by 4.00 pm AEST on 23 September 2019, the

Plaintiff be required to:

(a) deliver to the solicitors for the Defendants the following information, in respect

of each Class Member who has registered their status in the proceeding,

excluding persons who registered their status as Class Members in the

proceeding in accordance with the orders made on 12 December 2018 (Further

Registered Class Members):

(i) a unique identification number for each Further Registered Class

Member;

(ii) the number of MGUT units held by the Class Member immediately prior

to the commencement of trade on 27 April 2016 and on 2 May 2017;

(iii) the number of MGUT units acquired, and the dates on which they were

acquired, pursuant to the PDS or in the period from 3 July 2015 to 1 May

2017 (inclusive);

(iv) the number of MGUT units disposed of, and the dates on which they

were disposed of, in the period from 3 July 2015 to 1 May 2017

(inclusive);

(v) in respect of acquisitions referred to in (iii) above, the consideration paid

(net of brokerage), and in respect of disposals referred to in (iv) above,

the consideration received (net of brokerage); and

(vi) any amendments to the information referred to in (ii) to (v) above, as

notified to Elliott Legal by that date,

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with such information anonymised so as not to identify the Further Registered

Class Members other than by the unique identification number referred to in

(a)(i) above (the Further List of Registered Class Members); and

(b) file, in a sealed envelope marked ‘Further Confidential List of Class Members

- Not to be opened without leave of the Court or a Judge’, a confidential list of

Further Registered Class Members, which list shall contain:

(i) a unique identification number for each Further Registered Class

Member;

(ii) the information referred to in 5(b)(ii), 5(b)(iii), 5(b)(iv) and 5(b)(v)

above for each listed Further Registered Class Member; and

(iii) any amendments to that information as notified to the solicitors for the

Plaintiff by that date

(the Further Confidential List of Registered Class Members).

12. Pursuant to s 33ZF of the Act, the Further Confidential List of Registered Class

Members, and any information contained therein, is, subject to further order, to be

kept confidential and not to be disclosed to any person or persons other than:

(a) the Plaintiff’s legal advisors; and

(b) the Docket Judge and any staff of the Court authorised by the Docket Judge to

review the materials.

13. Pursuant to s 33ZF of the Act and subject to any further order of the Court, any Class

Member who has neither opted out nor registered their status as a Class Member in

the proceeding in accordance with the orders made on 12 December 2018 and who

does not register by the Further Class Deadline in accordance with the manner of

registration provided for in these Orders:

(a) will remain a Class Member for the purposes of any judgment or settlement, but

(b) subject to further order of the Court, in the event that a settlement is reached and

that settlement is ultimately approved by the Court, shall be bound by the terms

of the settlement agreement and barred from making any claim against the

Defendants in respect of or relating to the subject matter of this proceeding,

including participating in any form of compensation or otherwise benefiting from

any relief that might be ordered or agreed.

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14. The hearing of the Plaintiff’s interlocutory application dated 19 July 2019 is adjourned

until 10.15am on 13 September 2019.

15. The matter be fixed for a further case management hearing at 10.15am on 13 September

2019.

16. Costs are reserved.

Date that entry is stamped: 5 August 2019

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Schedule

No: VID508/2017

Federal Court of Australia

District Registry: Victoria

Division: General

Second Defendant MG RESPONSIBLE ENTITY LIMITED (ACN 601 538 970) AS

RESPONSIBLE ENTITY OF THE MG UNIT TRUST

Third Defendant PHILIP W TRACY

Fourth Defendant GARY HELOU

Fifth Defendant KENNETH W JONES

Sixth Defendant NATALIE AKERS

Seventh Defendant WILLIAM T BODMAN

Eighth Defendant PETER J O HAWKINS

Ninth Defendant MICHAEL F IHLEIN

Tenth Defendant EDWIN DUNCAN MORRIS

Eleventh Defendant GRAHAM N MUNZEL

Twelfth Defendant JOHN P PYE

Thirteenth Defendant MARTIN J VAN DE WOUW

Documents

Order JUSTICEBEACH DOC21 - Murray Goulburn Class Actionmurraygoulburnclassaction.com.au/wp-content/uploads/2019/... · 2019-08-06 · - 3 - Prepared in the Victoria District Registry,