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De Brett Seafood Pty Ltd & Anor v Qantas Airways Ltd & Ors, Federal Court of Australia No VID12 of 2007

SETTLEMENT DISTRIBUTION SCHEME

1. Overview .................................................................................................................... 1 2. Interpretation .............................................................................................................. 3 3. Settlement .................................................................................................................. 5 4. Payments from the Distribution Fund ......................................................................... 6 5. Payment of IMF Payments ......................................................................................... 6 6. Application of settlement Interest ............................................................................... 7 7. Submission of Claims and Deed Poll ......................................................................... 7 8. Excluded Transactions ............................................................................................... 8 9. Excluded Claimants ................................................................................................... 8 10. Assessment of Claims ................................................................................................ 8 11. Review Assessment ................................................................................................... 9 12. Final Entitlement and Payment of Claims ................................................................. 11 13. Dispute Resolution and Alteration of Terms ............................................................. 12 14. Notice ...................................................................................................................... 12 15. Time ......................................................................................................................... 13 AIR CARGO CLASS ACTION – Proof of Claim ................................................................ 14 1. Definitions ................................................................................................................ 14 2. Important Information ............................................................................................... 14 3. Instructions .............................................................................................................. 14 AIR CARGO CLASS ACTION – Claim Form .................................................................... 16 1. Confidentiality and Privacy ....................................................................................... 16 2. Is this Claim Related to any other Claim? ................................................................. 16 3. Claimant’s Identification and Contact Details ........................................................... 17 4. Receipt of any other Settlement Payments etc ......................................................... 17 5. Incorporated Entities - Historical Company Extract .................................................. 17 6. Qualifying Expenditure ............................................................................................. 19 STATUTORY DECLARATION .......................................................................................... 20 LIST OF SUPPORTING DOCUMENTS ............................................................................ 21 List of persons before whom a statutory declaration may be made: .................................. 22 SCHEDULE 2 – DEED POLL ........................................................................................... 24 INSTRUCTIONS FOR SIGNING DEED ............................................................................ 28

1. OVERVIEW

1.1. The Applicants and the Settling Respondents have agreed to seek Court approval of a

settlement of the Proceeding on the terms and conditions contained in the Settlement Deed.

1.2. This Distribution Scheme establishes a procedure for distributing the Settlement Sum to be

paid pursuant to the Settlement Deed.

1.3. This Distribution Scheme does not become operative unless and until the Court approves the

settlement, including this Distribution Scheme.

1.4. This Distribution Scheme provides for the following:

(a) Maurice Blackburn will be appointed as administrator of the Distribution Scheme;

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(b) Maurice Blackburn will send to each Registered Group Member a Proof of Claim and a

Deed Poll for completion;

(c) Maurice Blackburn will assess and calculate the Preliminary Estimated Entitlement of

each Claimant in accordance with paragraph 10;

(d) Maurice Blackburn will notify each Claimant of its Preliminary Estimated Entitlement by

way of an Assessment Notice, and will give each Claimant an opportunity to seek review

of that assessed entitlement;

(e) Following completion of any Review Assessments, Maurice Blackburn will calculate the

Final Entitlement of each Claimant in accordance with paragraph 12;

(f) Maurice Blackburn will communicate to IMF the Final Entitlement of each Claimant that is

a Funded Registered Group Member. IMF will notify Maurice Blackburn of the amount of

the IMF Payment for each such Claimant;

(g) Prior to any distribution to Claimants, Maurice Blackburn will deduct from the Settlement

Sum:

(A) the Applicants’ Costs;

(B) any Air New Zealand Costs;

(C) the Reimbursement Payments;

(D) the Total IMF Payment (from the entitlements of Funded Registered Group

Members); and

(E) from the Settlement Interest, any Administration Costs as approved by the Court,

leaving a Distribution Sum;

(h) Administration Costs will be capped at the amount of Settlement Interest. If

Administration Costs are less than the Settlement Interest, the remaining amount will

form part of the Distribution Sum;

(i) There can be no distribution under this scheme until all claims have been assessed, and

any Review Assessments completed. Once all claims have been assessed and any

Review Assessments completed, Maurice Blackburn will pay the Distribution Sum to

Claimants in accordance with paragraph 12.

1.5. The Settlement is for the benefit of those group members (as defined in paragraph 3 of the

Eighth Amended Statement of Claim in the Proceeding) who have not opted out of the

proceeding pursuant to section 33J of the Federal Court of Australia Act 1974, and who have

registered to participate in the Settlement in accordance with the class confinement orders

made 24 September 2013, including the Applicants.

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2. INTERPRETATION

2.1. These meanings apply unless the contrary intention appears:

Administration Costs means the costs and disbursements incurred by Maurice Blackburn calculated at the rates in the retainer between the Applicants and Maurice Blackburn in connection with:

(a) obtaining court approval of the Settlement; and

(b) administration of this Distribution Scheme;

including without limitation counsels’ and experts’ fees, notices to Group Members, costs of assessing and distributing Group Members’ share of the Settlement Sum, costs relating to any Review Assessment and fees of Maurice Blackburn as approved by the Court.

Air New Zealand Costs means any costs of discontinuing the Proceeding by the Applicants against Air New Zealand Ltd and Air New Zealand (Australia) Pty Ltd, ordered to be paid by the Court.

Appeal Proceedings means proceedings VID903 of 2009 and VID48 of 2010.

Applicants means De Brett Seafood Pty Limited and J Wisbey & Associates Pty Limited.

Approval Orders means orders to the following effect:

a) approving the settlement of the Proceeding pursuant to section 33V of the Act;

b) discontinuing the Proceeding against the Air New Zealand Parties, with any costs of that discontinuance awarded in favour of the Air New Zealand Parties payable only from the Settlement Sum;

c) vacating all costs orders in the Proceeding and the Cross-Claims and in the Appeal to the extent that they apply to the Settling Respondents and Cross-Respondents;

d) pursuant to section 33ZF of the Act or otherwise, authorising the Applicants nunc pro tunc on behalf of the Group Members to enter into and give effect to the Settlement Deed and the transactions thereby contemplated for and on behalf of Group Members; and

e) discontinuing the cross-claims made against the Cross-Respondents, and the Settling Respondents by the Air New Zealand Parties and vacating all orders costs orders in those cross-claims.

Approval Orders Date means the later of the date on which:

(a) the Court makes the Approval Orders and the 42 day appeal period or such shorter time as is ordered from those orders has expired (but not before that time); and

(b) if the Approval Orders are made and an appeal or an application for leave to appeal from the Approval Orders is commenced, then 3 Business Days after the date of the ultimate determination of the matters the subject of the appeal (including any subsequent appeal or application to appeal) with orders being made to the effect of the Approval Orders.

Assessment Notice means the assessment notice issued pursuant to paragraph 10.3.

Business Day means a day other than a Saturday, Sunday or public holiday in Australia.

Claimant means a Registered Group Member who is not an Excluded Claimant and who submits a Proof of Claim and Deed Poll to Maurice Blackburn in accordance with this Distribution Scheme.

Cross-Respondents means Société Air France, Koninklijke Luchtvaart Maatschappij N.V., Martinair Holland NV, Cargolux Airlines International SA, Korean Air Lines Co. Ltd, Malaysia Airlines Cargo SDN BHD, Emirates and Thai Airways International Public Company Limited.

Deed Poll means the document in the form of Schedule 2.

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Disbursement means expenses incurred in the Proceeding and the Appeal Proceeding payable to unrelated third parties, such as court filing fees, barristers’ fees, the costs of witnesses, expert reports and other evidence, transcripts and travel costs.

Distribution Fund has the same meaning given in paragraph 3.3.

Distribution Sum means the Settlement Sum less the payments referred to in paragraph 4.1, plus any portion of the Settlement Interest which exceeds the Approval Costs.

Escrow Agent means the escrow agent appointed pursuant to the Escrow Agreement.

Escrow Agent’s Costs means the fees, the reasonable disbursements, and any other costs, expenses, charges, withholding or other amounts properly or reasonably incurred by the Escrow Agent.

Escrow Agent Notice means notice by Maurice Blackburn to the Escrow Agent in the form of Schedule 2 to the Settlement Deed.

Escrow Agreement means the escrow agreement between the Settling Respondents and Cross Respondents and the Escrow Agent.

Excluded Claimants has the meaning given in paragraph 9.

Excluded Transactions means any purchase of Australian International Air Freight Services in respect of which a Registered Group Member has received compensation as part of or as a result of any other claim, proceeding or settlement involving any of the Settling Respondents or Cross-Respondents in respect of the carriage of goods to or from Australia, including a component by air (wherever such proceeding was conducted), other than under this Distribution Scheme.

Final Entitlement means the entitlement of a Claimant assessed in accordance with Paragraph 12.1.

Funded Registered Group Member means a Registered Group Member that has entered into a Funding Agreement with IMF, including each of the Applicants.

Group Member has the meaning set out in the Sixth Amended Application other than those persons who have opted out of the Proceeding in accordance with the Court’s orders pursuant to section 33J of the Act.

IMF means the litigation funder, Bentham IMF Limited.

IMF Payment means the amount payable to IMF by a Registered Group Member pursuant to its Funding Agreement with IMF in respect of IMF’s entitlement to a percentage of recoveries and GST.

Independent Counsel means David Yarrow of Counsel.

Overcharge means the overcharge calculated in accordance with paragraph 10.2.

Overseas Matter has the meaning in 12.4(a).

Preliminary Estimated Entitlement means the entitlement of a Claimant as assessed in accordance with Paragraph 10.

Proceeding means Federal Court of Australia Proceeding No. VID12/2007.

Proof of Claim means the document in the form of Schedule 1 including a properly completed Claim Form, Statutory Declaration, and List of Supporting Documents together with all Supporting Documents.

Qualifying Expenditure means the Australian dollar value of identifiable expenditure by a Registered Group Member during the period 1 January 2000 to 11 January 2007 for the carriage of goods to or from Australia including in each instance a component by air, but excluding Excluded Transactions.

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Registered Group Member means those group members (as defined in paragraph 3 of the Eighth Amended Statement of Claim in the Proceeding) who have not opted out of the proceeding pursuant to section 33J of the Federal Court of Australia Act 1974, and who have registered to participate in the Settlement in accordance with the class confinement orders made 24 September 2013, including the Applicants.

Reimbursement Payments means a total of $104,943.90, split between the following Applicants and Registered Group Members payable by the way of compensation and reimbursement for time and expenditure reasonably incurred in a representative capacity: De Brett Seafood Pty Ltd ($34,576.00), J Wisbey & Associates Ltd ($38,318.90), Auskay International Manufacturing & Trade Pty Ltd ($15,400.00), Toshiba (Australia) Ltd ($5,789.00) and [CONFIDENTIAL] Pty Ltd ($10,860.00).

Reserve Fund means the interest bearing at call accounts denominated in Australian currency fund held by the Escrow Agent under the Escrow Agreement.

Review Assessment means the review assessment referred to in paragraph 11.1.

Reviewed Overcharge means a Claimant’s assessed overcharge after any Review Assessment (and if there no Review Assessment, means the Claimant’s Overcharge as originally assessed).

Settlement Deed means the Air Cargo Class Action Settlement Deed dated 12 March 2014.

Settlement Interest means the interest earned on the Settlement Sum in the Reserve Fund (less Escrow Agent’s Costs and any tax payable on the interest) and interest earned on the Distribution Fund (less any tax payable on that interest).

Settlement Sum means $38,000,000.

Settling Respondents means Qantas Airways Limited, Lufthansa Cargo Aktiengesellschaft, Singapore Airlines Ltd, Singapore Airlines Cargo Pte Ltd, Cathay Pacific Airways Limited and British Airways PLC.

Supporting Documents means such invoices, business, financial or other records, which will prove the claim made by the Claimant on the balance of probabilities.

Total Group Entitlement means the total of all Assessed Entitlements.

Total IMF Payment means the total amount payable to IMF by all Funded Registered Group Members pursuant to each of their Funding Agreements with IMF in respect of IMF’s commission and GST.

2.2. All amounts are in Australian Dollars.

2.3. References to paragraphs are to paragraphs in this Distribution Scheme, unless otherwise

stated.

3. SETTLEMENT

3.1. By the date on which the Court is moved to approve the settlement contained in the Settlement

Deed, and this Distribution Scheme, the Settlement Sum will have been paid into the Reserve

Fund in accordance with the Settlement Deed.

3.2. The Settlement Sum is inclusive of the Applicants’ costs and Disbursements of the Proceeding,

including costs and Disbursements incurred in the Appeal Proceedings and, subject to

paragraph 6, Administration Costs.

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3.3. Within 3 business days after the Approval Orders Date Maurice Blackburn shall cause to be

opened an interest-bearing account with Westpac Banking Corporation called the Air Cargo

Settlement Distribution Fund (Distribution Fund).

3.4. After the Approval Orders Date and within 2 business days of Maurice Blackburn giving the

Escrow Agent Notice, the Escrow Agent will pay the Settlement Sum together with any

Settlement Interest that has accrued thereon into the Distribution Fund.

4. PAYMENTS FROM THE DISTRIBUTION FUND

4.1. Upon Court approval of the settlement, and payment of the Settlement Sum together with any

interest which has accrued thereon into the Distribution Fund, the following payments will be

made from the Distribution Fund before any distribution to Claimants:

(a) $13,000,000 representing part reimbursement of the professional fees incurred by the

Applicants in the Proceeding and the Appeal Proceedings, to be paid to Maurice

Blackburn;

(b) Reimbursement of Disbursements incurred by the Applicants in the Proceeding and the

Appeal Proceedings, to be repaid to Maurice Blackburn and IMF respectively by

reference to the amount paid by each (approximately $5,930,000 in total);

(c) any Air New Zealand Costs, to be paid to Corrs Chambers as solicitors for the Air New

Zealand parties; and

(d) the Reimbursement Payments, to be paid to each of the entities so entitled.

4.2. Subject to any further order or direction by the Court, the Distribution Sum will be distributed

within 28 days of the finalisation of assessments of all claims under paragraph 12.

5. PAYMENT OF IMF PAYMENTS

5.1. At least 14 days before any distribution to Claimants, Maurice Blackburn shall notify IMF of:

(a) the intended date of the distribution; and

(b) the Final Entitlement of each Funded Registered Group Member (in accordance with

paragraph 12.1 below).

5.2. At least 7 days before the intended date of the distribution:

(a) IMF will notify Maurice Blackburn of the IMF Payment in respect of each Funded

Registered Group Member;

(b) Maurice Blackburn will deduct the amount of the IMF Payment payable for each Funded

Registered Group Member from the amount payable to each Funded Registered Group

Member under paragraph 11; and

(c) Maurice Blackburn will pay to IMF the Total IMF Payment from the Distribution Fund.

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5.3. If the total of all IMF payments exceeds $2.5m then the amount payable by each Funded

Registered Group Member in respect of the IMF Payment will be determined as follows:

IMF Payment Payable

=

Funded Registered Group Member’s IMF Payment

Total of all IMF Payments

X $2.5m

5.4. Maurice Blackburn shall be bound for all purposes at law and in equity to act in accordance

with the notifications given by IMF under this paragraph.

5.5. Maurice Blackburn is immune from any demand, claim or suit, at law or in equity, by Group

Members in respect of any loss or damage arising as a result of any payment made by Maurice

Blackburn to IMF in accordance with a notification or direction from IMF made pursuant to this

paragraph 5.

6. APPLICATION OF SETTLEMENT INTEREST

6.1. Maurice Blackburn will obtain Court approval of the Administration Costs and those approved

Administration Costs will be paid from the Settlement Interest and only up to the limit of the

Settlement Interest.

6.2. Any Settlement Interest not applied in accordance with paragraph 6.1 shall form part of the

Distribution Sum.

7. SUBMISSION OF CLAIMS AND DEED POLL

7.1. Maurice Blackburn will administer claims made under paragraph 10 as Court appointed

administrator. In doing so, Maurice Blackburn will act as lawyers working as the claims

administrator with an obligation to do so properly on behalf of the Registered Group Members

as a whole, and will not act as the lawyer for any individual Registered Group Member.

7.2. Each Registered Group Member making a claim under this Distribution Scheme must submit a

Proof of Claim and Deed Poll to Maurice Blackburn in the form of Schedule 1 and Schedule 2,

respectively, to this Distribution Scheme within 28 days of the Approval Orders Date. The

Proof of Claim and Deed Poll must be served on Maurice Blackburn in accordance with the

notice provisions set out in paragraph 14.

7.3. A Registered Group Member who does not submit a Proof of Claim or who does not submit a

Deed Poll in accordance with this paragraph 7 is not entitled to claim under the Distribution

Scheme.

7.4. Each Proof of Claim must be submitted with:

(a) Such invoices, business, financial or other records, which will prove the claim made by

the Claimant on the balance of probabilities. Where any such documents do not exist, or

are no longer in the possession of the Claimant, the Claimant must provide a written

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explanation in the Proof of Claim as to why they do not exist or are no longer in the

possession of the Claimant; and

(b) A statutory declaration made by an authorised representative of the Claimant verifying

the accuracy of the Proof of Claim and the information provided under sub-paragraph (a)

above.

7.5. If the information provided by the Claimant is insufficient to enable Maurice Blackburn to

complete the claims assessment, Maurice Blackburn may require the Claimant to provide and

verify additional information to support any claim or part thereof within 14 days of the Claimant

being notified by Maurice Blackburn that additional information is required. If a Claimant does

not provide sufficient information within that period, the claim or part shall be disallowed,

subject to any Review Assessment under paragraph 11.

8. EXCLUDED TRANSACTIONS

8.1. A Registered Group Member must identify any and every Excluded Transaction in its Proof of

Claim.

8.2. No Claimant shall have any entitlement under this Distribution Scheme in respect of any

Excluded Transaction.

9. EXCLUDED CLAIMANTS

9.1. Persons who are wholly excluded from making a claim (Excluded Claimants) under the

Distribution Scheme are:

(a) Respondents to this proceeding or their related bodies corporate (as defined in Section

50 of the Corporations Act 2001 (Cth)) (Related Bodies Corporate);

(b) Persons who are not Registered Group Members;

(c) Persons who have opted out of the Proceeding; and

(d) Persons if any whose only otherwise Qualifying Expenditure consists entirely of Excluded

Transactions.

10. ASSESSMENT OF CLAIMS

10.1. Maurice Blackburn will assess the validity of each claim and determine the Overcharge and

Preliminary Estimated Entitlement based on the Claimant’s Proof of Claim and any further

information requested from the Claimants or any third party.

10.2. To assess the value of each Claimant’s claim, Maurice Blackburn will do the following:

(a) Step 1: assess the amount of the Claimant’s Qualifying Expenditure;

(b) Step 2: Identify the “Overcharge and Absorption Rate” corresponding to the Claimant’s

business operations:

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Category Overcharge & Absorption Rate

Freight Forwarder 0.0013

Shipper 0.0296

Purchaser of Identified Amounts 0.0031

(c) Step 3: multiply the Claimant’s Qualifying Expenditure by the applicable Overcharge and

Absorption Rate to calculate the Overcharge:

Overcharge = Claimant’s Qualifying

expenditures ($) X Applicable Overcharge &

Absorption Rate

(d) Step 4: If a Claimant’s operations fall within more than one of the categories referred to in

Table 1 (Category), the Claimant is entitled to make a claim for Overcharge for each

Category. In such cases, a separate calculation of Overcharge will be performed for

each Category and the results added together to determine the Claimant’s individual

Overcharge.

(e) Step 5: Calculate the Preliminary Estimated Entitlement for each Claimant according to

the following formula:

Claimant’s Preliminary Estimated Entitlement ($)

=

Claimant’s Overcharge($)

X Distribution Sum ($) Sum of all Claimants’ Overcharge ($)

10.3. Following an assessment of the claim by Maurice Blackburn, Maurice Blackburn will issue an

Assessment Notice to each Claimant, which shall be in writing and shall state the Claimant’s

Qualifying Expenditure, Overcharge, and Preliminary Estimated Entitlement and the method of

calculating it pursuant to paragraph 10.2.

10.4. Except as between Related Bodies Corporate, and as required for the purpose of any Review

Assessment and for the purpose of paragraph 12.3, Maurice Blackburn shall keep strictly

confidential, including from other Claimants, any information regarding the claims of the

Claimants obtained in the claims administration process.

11. REVIEW ASSESSMENT

11.1. If a Claimant disputes the Assessment Notice issued to it pursuant to paragraph 10.3, it may

within 14 days of the date of the Assessment Notice request in writing that a review

assessment be performed by the Independent Counsel.

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11.2. If the Claimant does not request a Review Assessment within this time period, the Claimant

shall be deemed to accept the Assessment Notice as binding and subject to paragraph 13.1 no

appeal shall lie therefrom. In that case, the Claimant’s Overcharge will be deemed to be its

Reviewed Overcharge.

11.3. Each Claimant shall be advised in writing of the availability of a Review Assessment at the time

the Assessment Notice is issued.

11.4. If the Claimant requests a Review Assessment:

(a) Independent Counsel may by written notice require the Claimant to submit further

documentation in support of the application for Review Assessment within 14 days, failing

which it shall be excluded from consideration and the Review Assessment will proceed

on the basis of the original Proof of Claim and supporting documents;

(b) Independent Counsel shall determine the validity and amount of each claim made by the

Claimant based on the Claimant’s Proof of Claim and any further information requested

from the Claimant or any third party, in accordance with the methodology set out in

paragraph 11.2. The reviewed amount is the Reviewed Overcharge.

(c) The Review Assessment shall be in writing and shall set out the value and method of

calculating the Claimant’s Reviewed Overcharge and be issued within 14 days of the date

of the request for the Review Assessment, or within 28 days of that date if notice is given

by Independent Counsel under paragraph 11.4(a).

11.5. Any determination by the Independent Counsel of an amount of Reviewed Overcharge is final

and binding on the Claimant and Registered Group Members, save only that a Claimant has

liberty to apply to the Court only on a question of law arising from a determination of

Independent Counsel and provided any such application is made within 7 days of the written

Review Assessment.

11.6. The Claimant requesting the Review Assessment under the Distribution Scheme shall pay the

costs of the Review Assessment. The cost of a Review Assessment will be $400.00 exclusive

of GST for every hour (or part thereof) spent on the Review Assessment.

11.7. If the costs of a Review Assessment have not been paid by the Claimant as at the allowable

dates for distribution of the Distribution Sum, Maurice Blackburn shall deduct those costs from

any sum otherwise due to be distributed to the Claimant under the Distribution Scheme. The

Claimant shall remain liable for any costs not recovered by a deduction pursuant to this

paragraph and Maurice Blackburn, in administering the Distribution Scheme, may apply to the

Court for an order requiring the Claimant to pay those costs.

11.8. The time for doing any act or thing under this paragraph of the Distribution Scheme may be

extended by direction of the Independent Counsel.

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12. FINAL ENTITLEMENT AND PAYMENT OF CLAIMS

12.1. Following the conclusion of any Review Assessments, Maurice Blackburn will calculate the

Final Entitlement for each Claimant according to the following formula:

Claimant’s Final Entitlement ($)

=

Claimant’s Reviewed Overcharge ($)

X Distribution Sum ($) Total of all Claimants’

Reviewed Overcharges ($)

12.2. Upon finalisation of assessments of all claims under paragraphs 10 and 11, subject to

paragraphs 5.2, Maurice Blackburn will pay each Claimant the amount of their Final

Entitlement from the Distribution Fund.

12.3. Pursuant to the Settlement Deed, within 3 Business Days of finalisation of the Settlement

Scheme, the Applicants’ solicitors will provide to the solicitors for each Settling Respondent and

Cross-Respondent:

(a) a table setting out the identity and details, including but not limited to, details of any Prior

Recoveries and the Distribution Amount, of each Registered Group Member who

received a distribution under the Settlement Scheme; and

(b) a copy of the Deed Poll executed by each Registered Group Member in accordance with

the requirements of paragraph 5.2(e).

12.4. Pursuant to the Settlement Deed, that information is to be kept confidential and may be

provided only to the following, on a confidential basis:

(a) Legal, economic or other professional advisors acting for the Settling Respondents and

Cross-Respondents and their Related Parties in relation to alleged air freight cartel

matters outside Australia (Overseas Matters) for the purpose of assessing whether a

claimant’s entitlement in an Overseas Matter is affected by any distribution under the

Distribution Scheme; and

(b) internal counsel employed by the Respondents or Cross-Respondents and their Related

Parties for the purpose of assessing whether a claimant’s entitlement in an Overseas

Matter is affected by any distribution under the Distribution Scheme; and

(c) overseas courts, tribunals, arbiters or arbitral panels, or other regulatory bodies (to the

extent it is possible to provide that information on a confidential basis) where that

information is relevant to a proceeding before those courts, tribunals, arbiters or arbitral

panels, or other regulatory bodies and in support of an action to bar any claim or

proceeding by any other Party bound by the Settlement Deed which is released under

that deed

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but may not be provided to any other person including any other officer, director or

employee of any of the Settling Respondents, the Cross-Respondents and their Related

Parties.

13. DISPUTE RESOLUTION AND ALTERATION OF TERMS

13.1. Maurice Blackburn may refer any issues arising in relation to the Distribution Scheme or the

administration and implementation of the Distribution Scheme to the Court for determination.

Without limiting the foregoing, if Maurice Blackburn considers it necessary or desirable to

establish a mechanism for estimating any thing for the purposes of this Scheme not already

provided by this Scheme, Maurice Blackburn may refer the mechanism to the Court for its

approval.

14. NOTICE

14.1. Notice under the Distribution Scheme is effective if it is:

(a) Addressed to the person to whom it is to be given; and

(b) Either;

(A) Delivered or sent by pre-paid mail to that person’s address;

(B) Sent by fax to that person’s fax number and the machine from which it is sent

produces a report that states that it was sent in full; or

(C) Sent by email to that person’s email address and the machine from which it is sent

produces a report that states that the email has been opened by the recipient.

14.2. A notice that complies with this paragraph 14 will be deemed to have been given and received:

(a) If it was sent by mail to an addressee in Australia, two clear business days after being

sent;

(b) If it is sent by mail to an addressee overseas, five clear business days after being sent;

(c) If it is delivered or sent by fax, at the time stated on the report that is produced by the

machine from which it is sent; and

(d) If it is sent by email, at the time a read receipt report states it has been opened by the

recipient.

14.3. Maurice Blackburn’s address, fax number and email address are those set out below or as

Maurice Blackburn may subsequently notify the sender:

Air Cargo Class Action Maurice Blackburn PO Box 523 MELBOURNE VIC 3001 Fax: (03) 9258 9610 Email: aircargoclassaction@mauriceblackburn.com.au

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15. TIME

15.1. The time for doing any act or thing under the Distribution Scheme may be extended by

agreement between Maurice Blackburn and a Claimant, or in the absence of any agreement,

by direction of Independent Counsel or the Court.

DATED 15 April 2014

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SCHEDULE 1

AIR CARGO CLASS ACTION – PROOF OF CLAIM

1. DEFINITIONS

1.1. Proof of Claim means a properly completed Claim Form, Statutory Declaration, and List of Supporting Documents together with all Supporting Documents.

1.2. Terms defined in the Distribution Scheme have the same meaning when used in this Proof of Claim. The following definitions are reproduced for convenience:

(a) Period means 1 January 2000 to 11 January 2007; and

(b) Registered Group Member means a group member (as defined paragraph 2 of the Sixth Amended Application in the Proceeding) who has not opted out of the proceeding pursuant to section 33J of the Federal Court of Australia Act 1974, and who has registered to participate in the Settlement in accordance with the class confinement orders made 24 September 2013.

2. IMPORTANT INFORMATION

2.1. To be eligible to make a claim under the Distribution Scheme you must be a Registered Group Member and submit a Proof of Claim by 4 August 2014. Excluded Claimants cannot make claims under this Distribution Scheme. If you are not sure whether you are a Registered Group Member or an Excluded Claimant please call the Claims Administrator on 03 9605 2892.

2.2. If you are a Registered Group Member and have not opted out of the Air Cargo Class Action then you are already bound by the Settlement. That is, you have no further legal recourse to the Respondents in respect of the claims the subject of the Air Cargo Class Action except under the Distribution Scheme.

2.3. If you do not submit your proof of claim by 4 August 2014 you will NOT be entitled to make a claim under the Distribution Scheme.

3. INSTRUCTIONS

3.1. To make a claim under paragraph 10 of the Distribution Scheme in the Air Cargo Class Action you must do the following.

(a) Carefully read the Notice of Settlement and Distribution Scheme.

(b) Complete the attached Claim Form. The Claim Form must be filled out completely, legibly and accurately. You will be required to sign a Statutory Declaration and provide Supporting Documents to verify the information provided in your Claim Form. You must complete a separate Claim Form for each Claimant which is a separate legal entity (for example where you operate a corporate group comprising more than one corporation).

(c) Provide a business extract for each Claimant (Historical Company Extract or Business Name Extract or equivalent).

(d) Complete the attached Statutory Declaration. You must arrange for an authorised representative of each Claimant to sign the Statutory Declaration before a person who is authorised to witness the signing of a Statutory Declaration (a list of those persons is attached to the Statutory Declaration) and submit it with the Proof of Claim. A Proof of Claim submitted without a properly signed and witnessed Statutory Declaration will be invalid and the Claimant will not be entitled to make a claim under the Distribution Scheme.

(e) Provide such documents in support of your claim (Supporting Documents) as will prove your Qualifying Expenditure on the balance of probabilities. That is, the Supporting Documents must establish that it is more likely than not that the

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Claimant made the identifiable expenditure during the period 1 January 2000 to 11 January 2007 for the carriage of goods to or from Australia including in each instance a component by air, but excluding Excluded Transactions, that you claim were made.

(f) List the Supporting Documents you are providing by completing the attachment to the Statutory Declaration entitled “List of Supporting Documents”. Where any Supporting Documents do not exist or are no longer in the Claimant’s/your possession you must explain why.

(g) Send by registered post or deliver your completed Proof of Claim so that the Claims Administrator receives it no later than 4 August 2014.

(h) Retain a copy of your completed Proof of Claim (including all Supporting Documents and other attachments).

3.2. Please contact the Claims Administrator if you have any questions. DO NOT CONTACT THE COURT. Do not mail or deliver your Proof of Claim to the Court or to anyone other than the Claims Administrator.

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AIR CARGO CLASS ACTION – CLAIM FORM

TO: Claims Administrator Maurice Blackburn Level 10, 456 Lonsdale St MELBOURNE VIC 3000

PO Box 523 MELBOURNE VIC 3001

Telephone: 03 9605 2892 Email: aircargoclassaction@mauriceblackburn.com.au Contact: Tahli Preston-Dixon

1. CONFIDENTIALITY AND PRIVACY

1.1. You are required to provide certain information and documents to enable Maurice Blackburn to assess and administer your Claim.

1.2. We will keep the contents of any information you provide for this purpose confidential and in particular will not reveal the contents of any information you provide to us to other Group Members.

1.3. Upon completion of your Claim we will return your information at your request. Otherwise, the information will remain stored in our possession for a period of seven years after completion of your Claim, following which we are authorised to destroy the information.

1.4. Maurice Blackburn has a Privacy Policy that explains how we collect, use, disclose and protect personal and sensitive information. You may view our Privacy Policy at http://www.mauriceblackburn.com.au/privacy-policy.aspx or by telephoning 03 9605 2892 to request a copy. If you have any questions about privacy-related issues please contact our Privacy Officer, David Halstead on (03) 9605 2700 or privacy@mauriceblackburn.com.au.

2. IS THIS CLAIM RELATED TO ANY OTHER CLAIM?

Have you completed a Proof of Claim for any other Claimant(s)?

� Name of Other Claimant(s):

_____________________________

_____________________________

Is a Proof of Claim being submitted on behalf of any other Claimant which is a Related Body Corporate?

� Name of Other Claimant(s):

_____________________________

_____________________________

Is the Claimant a member of a corporate group in which the ultimate holding company is foreign?

� Name of the parent company of the Claimant

_____________________________

_____________________________

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3. CLAIMANT’S IDENTIFICATION AND CONTACT DETAILS

3.1. All correspondence to you concerning your claim will be sent to the postal or email address provided below. If your address changes after you submit this Proof of Claim, you must immediately notify us immediately in writing.

Business or trading name of Claimant:

Legal status:

Corporation

Executor

Sole proprietor

Partnership

Other ____________

Legal name of Claimant:

ACN/ABN:

Postal Address

Residential Address (if different from above)

Address of principal place of business during the Period

Contact person

Title/Position of contact person

Telephone Number (business hours)

( )

Mobile Telephone Number

Email address

4. RECEIPT OF ANY OTHER SETTLEMENT PAYMENTS ETC

Have you received compensation as part of or as a result of any other claim, proceeding or settlement involving any of the Settling Respondents or Cross-Respondents in respect of the carriage of goods to or from Australia, including a component by air (wherever such proceeding was conducted), other than under this Distribution Scheme?

Yes � No � Unsure �

If Yes, please:

4.1. State the amount received:

4.2. Attach all documents you have relating to that receipt. Purchases of Australian International Air Freight Services in respect of which a Registered Group Member has received compensation as part of or as a result of any other claim, proceeding or settlement involving any of the Settling Respondents or Cross-Respondents in respect of the carriage of goods to or from Australia, including a component by air (wherever such proceeding was conducted), other than under this Distribution Scheme are excluded.

5. INCORPORATED ENTITIES - HISTORICAL COMPANY EXTRACT

5.1. If your business was operated by an incorporated entity at any time during the Period, you must give the Claims Administrator a full company search, also called a historical company extract, in respect of that entity. The historical company extract must be dated within 60 days of the date of your Proof of Claim. Company extracts are

18

produced by the Australian Securities and Investment Commission (ASIC). To purchase a Company Extract you can:

(a) Contact ASIC for the nearest ASIC Service Centre on 1300 300 360, 9am to 5pm or visit http://www.asic.gov.au; or

(b) Conduct an online or telephone search using an Information Broker. An Information Broker may include additional service delivery fees. You can search for an Information Broker on the ASIC website at http://www.asic.gov.au.

5.2. OR - My business is (or was) incorporated but I have been unable to obtain a Historical Company Extract because: ....................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

5.3. Other Registered Entities: If your business was registered in your state or territory but was not incorporated at any time during the Period, you must give Maurice Blackburn a business name extract or equivalent extract in respect of your business. To purchase a business name extract you should contact the applicable Government Registry referred to below:

ACT ACT Registrar General's Office

NSW NSW Office of Fair Trading

NT Department of Justice

QLD Queensland Office of Fair Trading

SA Office of Consumer & Business Affairs

TA Consumer Affairs & Fair Trading

VIC Consumer Affairs Victoria

WA Department of Commerce

ABR Australian Business Register

5.4. OR My business is (or was) registered but I have been unable to purchase a business name extract because: ..........................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

5.5. Previous Details: If during the Period you used a business or trade name or were located at an address other that the name and address set out above, indicate each such name and/or address.

Other Business or Trade Name

Other Addresses Period

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6. QUALIFYING EXPENDITURE

Please state your expenditure on International Airfreight Services to and from Australia during the Period, broken down as best you are able by year:

Date / Period Expenditure AU$

1 January 2000 – 31 December 2000

1 January 2001 – 31 December 2001

1 January 2002 – 31 December 2002

1 January 2003 – 31 December 2003

1 January 2004 – 31 December 2004

1 January 2005 – 31 December 2005

1 January 2006 – 31 December 2006

1 January 2007 – 11 January 2007

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AIR CARGO CLASS ACTION

Commonwealth of Australia

STATUTORY DECLARATION

Statutory Declarations Act 1959

I, ....................................................................................................................................................

[Name, address and occupation] make the following Declaration under the Statutory Declarations Act 1959 on behalf of .............................................................. [Claimant].

1. I make this Statutory Declaration from my own personal knowledge except where otherwise stated.

2. I have the appropriate authority to submit this Proof of Claim on behalf of the Claimant.

3. I have read and understood the Notice of Settlement approved 13 March 2014, the Distribution Scheme and the Proof of Claim. Terms defined in the Distribution Scheme and the Proof of Claim have the same meaning when used in this Statutory Declaration.

4. The Claimant is a Registered Group Member.

5. The Claimant is not an Excluded Claimant.

6. No other claim under the Distribution Scheme has been or will be submitted by the Claimant, its directors, shareholders, officers or employees on behalf of the Claimant.

7. The Claimant has included information and documents in relation to only International Airfreight Services to or from Australia purchased during the Period.

8. I acknowledge and agree that the Claims Administrator may disclose any and all information pertaining to this claim to the Federal Court of Australia.

9. All information provided by me in the Proof of Claim is true and correct and accurately reflects the Claimant’s purchases of International Airfreight Services to or from Australia during the Period.

10. The Supporting Documents provided by me and set out in the List of Supporting Documents attached to this Statutory Declaration are true and correct copies of those documents and accurately reflect the Claimant’s purchases of International Airfreight Services to or from Australia during the Period.

11. I understand that a person who intentionally makes a false statement in a Statutory Declaration is guilty of an offence under Section 11 of the Statutory Declarations Act 1959, and I believe that all statements made by me in this Declaration are true in every particular.

Signature: ………………………………………..

Declared at on of 2014

Before me:

Signature (of person before whom the Declaration is made and who is a person described in Schedule 2):

…………………………………………………………

Full name, qualification and address of person before whom the Declaration is made (in printed letters)

…………………………………………………………..

……………………………………………………………

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AIR CARGO CLASS ACTION

LIST OF SUPPORTING DOCUMENTS

The following documents that I am providing are the best available documents in the Claimant’s possession, that evidence the Claimant’s purchases of International Airfreight Services to or from Australia for the Period:

Item Document Date

Document Description Expenditure

1

2

3

4

5

6

7

8

9

The Claimant is unable to provide the following Supporting Documents for the following reason(s):

Item Document Date

Document Description

Qualifying Expenditure to which the document relates

Reason for not being able to provide this document

1

2

3

4

5

6

7

8

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LIST OF PERSONS BEFORE WHOM A STATUTORY DECLARATION MAY BE MADE:

1. a person who is currently licensed or registered under a law to practise in one of the following occupations:

o Chiropractor o Dentist o Legal practitioner o Medical practitioner o Nurse o Optometrist o Patent attorney o Pharmacist o Physiotherapist o Psychologist o Trade marks attorney o Veterinary surgeon

2. a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or

3. a person who is in the following list:

o Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

o Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)

o Bailiff o Bank officer with 5 or more continuous years of service o Building society officer with 5 or more years of continuous service o Chief executive officer of a Commonwealth court o Clerk of a court o Commissioner for Affidavits o Commissioner for Declarations o Credit union officer with 5 or more years of continuous service o Employee of the Australian Trade Commission who is:

a. in a country or place outside Australia; and

b. authorised under paragraph 3(d) of the Consular Fees Act 1955; and

c. exercising his or her function in that place

o Employee of the Commonwealth who is:

a. in a country or place outside Australia; and

b. authorised under paragraph 3(c) of the Consular Fees Act 1955; and

c. exercising his or her function in that place

o Fellow of the National Tax Accountants' Association o Finance company officer with 5 or more years of continuous service o Holder of a statutory office not specified in another item in this list o Judge of a court o Justice of the Peace o Magistrate o Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 o Master of a court o Member of Chartered Secretaries Australia o Member of Engineers Australia, other than at the grade of student o Member of the Association of Taxation and Management Accountants o Member of the Australasian Institute of Mining and Metallurgy o Member of the Australian Defence Force who is:

a. an officer; or

b. a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or

c. a warrant officer within the meaning of that Act

23

o Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

o Member of:

a. the Parliament of the Commonwealth; or

b. the Parliament of a State; or

c. a Territory legislature; or

d. a local government authority of a State or Territory

o Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 o Notary public o Permanent employee of the Australian Postal Corporation with 5 or more years of continuous

service who is employed in an office supplying postal services to the public

o Permanent employee of:

a. the Commonwealth or a Commonwealth authority; or

b. a State or Territory or a State or Territory authority; or

c. a local government authority;

o with 5 or more years of continuous service who is not specified in another item in this list o Person before whom a statutory declaration may be made under the law of the State or Territory in

which the declaration is made

o Police officer o Registrar, or Deputy Registrar, of a court o Senior Executive Service employee of:

a. the Commonwealth or a Commonwealth authority; or

b. a State or Territory or a State or Territory authority

o Sheriff o Sheriff's officer o Teacher employed on a full-time basis at a school or tertiary education institution

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SCHEDULE 2 – DEED POLL

AIR CARGO CLASS ACTION - DEED OF RELEASE

Name of Registered Group Member

ABN / ACN (if applicable) Address Distribution Amount Execution Date

1. In consideration for the payment of the Distribution Amount, the Registered Group

Member releases and forever discharges each and all of Qantas Airways Limited,

Lufthansa Cargo Aktiengesellschaft, Singapore Airlines Ltd, Singapore Airlines Cargo

Pte Ltd, Cathay Pacific Airways Limited and British Airways PLC, Société Air France,

Koninklijke Luchtvaart Maatschappij N.V., Martinair Holland NV, Cargolux Airlines

International SA, Korean Air Lines Co. Ltd, Malaysia Airlines Cargo SDN BHD,

Emirates and Thai Airways International Public Company Limited, their related

bodies corporate and all present and former directors, officers, employees and

agents of them and their related bodies corporate (the Released Parties) from:

(a) the claims made in Federal Court of Australia Proceeding No. VID12/2007 (the

Proceeding);

(b) any claim arising out of or related to matters which were at any time the subject

of the Proceeding or any part of the Proceeding or raised in the Proceeding;

(c) any claim, cause of action or demand, including without limitation for damages,

interest, legal and administrative costs and disbursements present and future,

relating to or arising out of or in respect of:

(i) matters the subject of the Proceeding or any part of the Proceeding or which

are raised in the Proceeding; and

(ii) any thing related to the Proceeding including, without limitation, damage, loss,

cost or expense suffered as a result of the facts, matters or circumstances

which were the subject matter of the Proceeding or any part of the

Proceeding or which were raised in the Proceeding;

whether arising, in any jurisdiction whatsoever, at common law, in equity, under statute or otherwise.

2. For the avoidance of doubt, for the purpose of clause 1, “claim”, “claims”, “cause of

action” or “demand” mean a claim, cause of action or demand by the Registered

Group Member arising from, or in respect of international airfreight services to and

from Australia.

3. The Registered Group Member covenants not to sue, take any action or make any

claim nor foster, assist, permit or encourage any other person to sue, take any action

or make any claim against the Released Parties in respect of any of the matters which

form part of the release contained in clause 1 above.

4. If the Registered Group Member is a company, the Registered Group Member agrees

to indemnify each of the Released Parties against any claim, loss, liability, cost or

expense incurred or sustained as a result of a claim against any of the Released

Parties by any subsidiary or parent entity or other related body corporate of the

Registered Group Member, or any entity to which the Registered Group Member, their

25

subsidiary or related body corporate has assigned any claim, cause of action or

demand, for damages or compensation arising directly or indirectly from any of the

matters which the Registered Group Member has released pursuant to clause 1.

5. The Registered Group Member:

(a) represents and warrants that it is a group member within the definition in

paragraph 2 of the Sixth Amended Application;

(b) enters into this Deed fully and voluntarily;

(c) fully, finally, absolutely and forever settles according to the provisions of this

Deed any and all claims in respect of the matters the subject of the release

contained in clause 1 above;

(d) acknowledges that the payment of the Distribution Amount does not constitute

any admission of liability whatsoever by the Released Parties;

(e) covenants that it will not, and will use its best endeavours to procure that its

related bodies corporate, directors, officers, servants, agents, representatives

(including legal representatives) do not, convey that any of the Released Parties:

(i) has admitted liability in respect of any of the claims made in the Proceeding

or losses alleged to have been suffered;

(ii) deliberately or recklessly acted unlawfully, dishonestly or improperly, or

otherwise did not act in good faith or did not believe that their actions were in

accordance with their professional and legal obligations, in respect of the

matters the subject of the claims made in the Proceeding, but may otherwise

refer to a statement of the pleaded allegations.

6. This Deed is for the benefit of the Released Parties even though they are not parties to

it.

7. This Deed may be pleaded and tendered by the Released Parties as an absolute bar

and defence to any proceeding brought, made, maintained or continued by the

Registered Group Member in breach of the terms of this Deed.

8. The Registered Group Member will keep the terms of this Deed confidential (including

the Distribution Amount), but may disclose the terms to:

(a) any professional adviser, auditor, insurer or banker in their professional capacity

on the basis that the recipient agrees to keep the terms confidential;

(b) comply with any law or requirement of any court or regulatory body (including

any relevant securities exchange);

(c) any director, officer or employee of the Registered Group Member or any of its

related bodies corporate to whom it is necessary to disclose the terms, on the

basis that the recipient agrees to keep the terms confidential.

9. By executing this Deed, the signatory or signatories represents that they are

authorised to sign this Deed on behalf of the Registered Group Member.

10. The laws in force in Victoria govern the terms of this Deed.

EXECUTED as a Deed Poll in favour of the Released Parties on the terms set out in this Deed.

26

Individual Claimant: SIGNED, SEALED AND

DELIVERED by [FULL NAME OF

SIGNATORY] in the presence of:

.......................................................

Signature of witness

.......................................................

Name of witness (block letters)

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

.......................................................

Signature of [FULL NAME OF

SIGNATORY]

Date:

…………………………………………………

OR Power of Attorney: SIGNED, SEALED AND

DELIVERED by NAME OF

ATTORNEY

as attorney for [FULL NAME OF

PARTY] under power of attorney

dated DATE in the presence of:

.......................................................

Signature of witness

.......................................................

Name of witness (block letters)

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

.......................................................

Signature of [FULL NAME OF PARTY]

Date deed signed:

………………………………………………

27

OR - Company – two people signing:

EXECUTED by [company name]

[ACN ] in accordance with

section 127(1) of the Corporations

Act 2001 (Cth) by authority of its

directors:

.......................................................

Signature of director

.......................................................

Name of director (block letters)

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

.......................................................

Signature of director/company secretary

.......................................................

Name of director/company secretary

(block letters)

Date deed signed:

………………………………………………

OR - Company – Single Director who is also the Company Secretary

EXECUTED by [INSERT

COMPANY NAME] (ACN

INSERT) in accordance with

section 127(1) of the

Corporations Act 2001 (Cth) by

authority of its director:

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

.......................................................

Signature of

…………………………………………………………..

who states that they are the sole director and sole

company secretary of [INSERT COMPANY

NAME]

Date deed signed:

………………………………………………

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INSTRUCTIONS FOR SIGNING DEED

Signing the deed – for individuals If you are an individual, the deed must be signed either:

• by you personally (see A below) or,

• if you have given someone a power of attorney to sign the deed, by your

attorney (see B below).

______________________________________________________________

A Signing the deed personally – instructions for person accepting settlement

Here is an example showing the steps you need to take to sign the deed personally

SIGNED, SEALED AND DELIVERED by

[FULL NAME OF SIGNATORY] in the

presence of:

...............................................................

Signature of witness

...............................................................

Name of witness (block letters)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

...............................................................

Signature of [FULL NAME OF

SIGNATORY]

Date: …………………………………………………

Step 1 Find someone who can witness your signature Someone must witness you signing the deed. That person must also sign the deed to indicate that they have witnessed your signature. The witness can be a relative, a friend or anyone else, but they must be aged 18 or older. They don’t need to know anything about the deed. The only thing they need to do is to witness your signature and then sign it themselves.

Step 2 Person accepting settlement must sign and date the deed

Step 3 Witness must sign the deed and print their name

29

B Signature by a power of attorney – instructions for attorney for person

accepting settlement

Here is an example showing the steps that an attorney needs to take to sign the deed

SIGNED, SEALED AND DELIVERED by

NAME OF ATTORNEY

as attorney for [FULL NAME OF PARTY]

under power of attorney dated DATE in

the presence of:

...............................................................

Signature of witness

...............................................................

Name of witness (block letters)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

...............................................................

Signature of [FULL NAME OF PARTY]

Date deed signed:

………………………………………………

Step 1 Attorney must find someone to witness their signature The attorney’s signature must be witnessed. The witness must also sign the deed to indicate that they have witnessed the attorney’s signature. The witness can be a relative, a friend or anyone else who is aged 18 or older. They don’t need to know anything about the deed. The only thing they need to do is to witness the attorney’s signature and then sign it themselves.

Step 2 Attorney must:

• sign and date the deed

• print their name after the

words “SIGNED, SEALED

AND DELIVERED by”

• write the date after the

words “power of attorney”

Step 3 Witness must sign the deed and print their name

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Signing the deed – for companies

If a company is signing the deed, it must by signed by either:

• two people - two directors of the company or a director and a secretary

(see C below) or,

• one person – but only if there is only one director who is also the

secretary of the company (see D below).

You do not need to use the company seal

C Signature by company – two people signing

Here is an example showing the steps that a company needs to take to sign the deed where

it is being signed by two people - either two directors or by director and a company

secretary

EXECUTED by COMPANY PTY LTD (ACN

017 914 845) in accordance with

section 127(1) of the Corporations Act

2001 (Cth) by authority of its directors:

...............................................................

Signature of director

...............................................................

Name of director (block letters)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

...............................................................

Signature of director/company

secretary

...............................................................

Name of director/company secretary

(block letters)

Date deed signed:

………………………………………………

Step 1 First director must sign deed and print their name

Step 2 Second director (or company secretary) must sign the deed and print their name and the date

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D Signature by company – single director who is also the company secretary

Here is an example showing the steps that a company needs to take to sign the deed where

it is being signed by one person two people – you can only use this method if there is only

one director and that director is also the company secretary

EXECUTED by [INSERT COMPANY

NAME] (ACN INSERT) in accordance

with section 127(1) of the Corporations

Act 2001 (Cth) by authority of its

director:

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

...............................................................

Signature of

…………………………………………………………..

who states that they are the sole

director and sole company secretary of

[INSERT COMPANY NAME]

Date deed signed:

………………………………………………

Step 1 Single director (who is also the company secretary) must sign the deed and print their name and the date