NOTICE OF INTENTION TO APPLY TO THE FEDERAL COURT FOR CONFIRMATION OF A SCHEME FOR THE TRANSFER OF THE INSURANCE BUSINESS OF MDA NATIONAL INSURANCE PTY LTD TO MEDICAL INSURANCE AUSTRALIA PTY LIMITED UNDER DIVISION 3A OF PART III OF THE INSURANCE ACT 1973 (CTH).
TAKE NOTICE that Medical Insurance Australia Pty Limited ABN 99 092 709 629 (Medical Insurance Australia) intends to make an application to the Federal Court of Australia in Sydney on 23 October 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 MDA National Insurance Pty Ltd ABN 56 058 271 417 (MDA National Insurance) to Medical Insurance Australia (Scheme).
Medical Insurance Australia is incorporated in Australia and is a wholly owned subsidiary of Medical Defence Association of South Australia Limited ABN 41 007 547 588. MDA National Insurance is also incorporated in Australia. It is a wholly owned subsidiary of MDA National Limited ABN 67 055 801 771. Medical Insurance Australia and MDA National Insurance are authorised under the Insurance Act 1973 (Cth) to carry on general insurance business in Australia.
Persons who are insured under insurance contracts written or assumed by MDA National Insurance 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. It would be helpful if any Affected Policyholder who wishes to appear before the Court would notify the solicitor for Medical Insurance Australia, Mark Lindfield of DibbsBarker, Level 9, Angel Place, 123 Pitt Street, Sydney NSW 2000 (p: +61 2 8233 9500 or e:mark.lindfield@dibbsbarker.com) of their intention to do so 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 Tim Andrews of Finity Consulting dated 12 September 2014 (Actuarial Report) upon which the Scheme is 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 22 September 2014 and ending on 15 October 2014 at:
(a) the offices of MDA National Insurance at the following addresses:
New South Wales | Victoria | Queensland |
MDA National Insurance | MDA National Insurance
| MDA National Insurance |
Western Australia | South Australia | Tasmania |
MDA National Insurance
| MDA National Insurance | MDA National Insurance 1-7 Liverpool Street |
(b) the office of Ernst & Young at the following address:
Australian Capital Territory |
Ernst & Young |
(c) and the office of Merit Partners at the following address:
Northern Territory |
Merit Partners Level 2 9 Cavenagh Street Darwin NT 0800 |
Any policyholder of MDA National Insurance or Medical Insurance Australia may obtain a copy of the Scheme Documents free of charge by contacting Luke Thomson on 1800 011 255 (toll-free call).
If you have any other enquiries you may contact Luke Thomson at the contact details referred to above.
A copy of the Scheme Documents can be viewed during the period set out above on the website maintained by MDA National Limited and MDA National Insurance at: http://www.mdanational.com.au/
We recommend that each Affected Policyholder obtain and review the Scheme, the summary of the Scheme and the Actuarial Report, which contains a discussion of the impact of the Scheme on policyholders.
THIS NOTICE HAS BEEN PREPARED BY MEDICAL INSURANCE AUSTRALIA PTY LIMITED
Dated: 19 September 2014