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Superannuation


Supreme Court Proceedings Proceedings 2115/01 have been filed in the Supreme Court by the Trustees of the three staff superannuation plans. View the the > Court documents filed in the proceedings prior to the December 20 Judgment. Judgement for the Supreme Court proceedings 2115/01 was handed down on 20 December 2001. Her Honour Justice Warren held the following: Ansett is obliged to contribute to the ground staff superannuation fund; Ansett is obliged to meet the shortfall that has arisen in the ground staff superannuation fund; the obligation does not attract priority under section 556(1) of the Corporations Act 2001, and constitutes a debt provable in the administration of Ansett. A complete copy of the judgment can be seen on the AUSTLII web site > http://www.austlii.edu.au/au/cases/vic/VSC/2002/576.html or a copy of the judgment summary can be seen below under the heading > Judgment: 20 December 2002 Note: Orders were made on 7 February 2003 and 20 February 2003 in proceeding 2115 of 2001 by Justice Warren. These Orders may be found below under the headings > Orders: 2115 of 2001 Note: A transcript of the 20 December 2002, 23 December 2002, 20 January 2003, 4 February 2003, 7 February 2003 and 20 February 2003 proceedings may be found below under the heading > Transcript of Proceedings(2115) Note: Cost submissions and memoranda have been filed by the Plaintiffs, the Firstnamed & Secondnamed Defendants, the Thirdnamed Defendant and the Fourthnamed Defendant. These submissions and memoranda may be found below under the heading > Cost submissions & Memoranda A half day hearing before Justice Warren as to the question of costs, was heard on 25 August 2003. The transcript of the costs hearing may be found below under the heading > Costs Hearing The decision as to costs was handed down on 2 September 2003. A copy of the Judgment is below, under the heading > Costs Judgment Top Supreme Court of Appeal A Notice of Appeal against part of the decision of Justice Warren in proceeding 2115 of 2001 was filed by the Ansett Australia Ground Staff Superannuation Plan Pty Ltd on 24 March 2003, and a Notice of Cross-Appeal filed by Ansett Australia Limited and the Administrators on 7 April 2003. An amended Notice of Appeal was filed with the Court on 24 June 2003. The Notices can be seen below, under the heading > Notice of Appeal/Cross-Appeal An application for the expedition of the appeal was heard on 9 May 2003 at 10:30am. An Outline of Argument in support of the Appellant's application for expedition was filed on 24 April 2003. The Outline of Argument can be seen below under the heading > Notice of Appeal/Cross-Appeal An affidavit of Anthony Middleton dated 15 April 2003 in support of the application for expedition has been filed and can be seen below, under the heading > Affidavits An affidavit of Carmel Flynn dated 23 April 2003 in relation to the application for expedition has been filed and can be seen below, under the heading > Affidavits The appeal proceeding has been fixed for a four day trial, commencing 11 August 2003. The index to the appeal book was filed with the court on I July 2003, and can be seen below under the heading > Index to Appeal Book The appeal was heard by the Honorable Justices Ormiston, Callway and Batt on 11 and 12 August 2003. On 21 August 2003 they delivered the following orders: that the appeal be allowed; that the declaration made by Justice Warren in respect of the priority issue, should be substituted with the words "It is inappropriate to answer these questions or make any declaration in the present circumstances"; that the the cross-appeal be adjourned; that the appealant pay the costs of the appeal including costs reserved; and that the costs of the cross appeal be reserved. A copy of the reasons for the decision can be seen below. > Decision of Court of Appeal A copy of the Orders of the Court of Appeal can be seen below. > Orders of the Court of Appeal Transcript of Proceedings(2115) Transcript of Proceedings 20 December 2002 Transcript of Proceedings 23 December 2002 Transcript of Proceedings 20 January 2003 Transcript of Proceedings 4 February 2003 Transcript of Proceedings 7 February 2003 Transcript of Proceedings 20 February 2003 Judgment Supreme Court of Victoria: Commercial and Equity Division Commercial List Ansett Australia Ground Staff Superannuation Plan Pty Ltd and Anor v Ansett Australia Ltd and Ors [2002] VSC 576 20 December 2002 Judgment: Judge: Warren J., 20 December 2002 Top Orders: 2115 of 2001 Orders: Justice Warren, 7 February 2003 Orders: Justice Warren, 20 February 2003 Orders: Justice Warren, 20 February 2003 Orders: Justice Batt, 9 May 2003 Top Costs Submissions and Memoranda Submissions on Behalf of the Plaintiff in Relation to Costs, dated 13 March 2003 Submissions on Behalf of the First and Second Defendants in Relation to Costs, dated 26 March 2003 Submissions on Behalf of the Third Defendant in Relation to Costs, dated 27 March 2003 Submissions on Behalf of the Fourth Defendant in Relation to Costs, dated 16 April 2003 Submissions on Behalf of the Second Defendant in Relation to Costs, dated 16 June 2003 Further Submissions on Behalf of the First and Second Defendants in Relation to Costs, dated 11 June 2003 Memorandum on Behalf of the First Defendant, dated 26 August 2003 Memorandum on Behalf of the Fourth Defendant (Clarke), dated 26 August 2003 Costs Hearing Transcript of Costs Hearing, 25 August 2003 Costs Judgment Costs Judgment, dated 2 September 2003 Top Notice of Appeal/Cross-Appeal Supreme Court of Victoria: Civil Division Ansett Australia Ground Staff Superannuation Plan Pty Ltd v Ansett Australia Ltd ( Subject to Deed of Company Arrangement) 24 March 2003 Notice of Appeal 24 March 2003 Notice of Cross-Appeal dated 7 April 2003 Summons: Application for Expedition: 10 April 2003 Outline of Argument: 24 April 2003 Respondents' Outline of Submissions dated 29 April 2003 Submissions by Appellant in Support of Application to Amend Notice of Appeal dated 6 June 2003 Submissions by Respondent in Support of Application to Amend Notice of Appeal dated 11 June 2003 Reply Submissions by Appellant (and attachments) in Relation to Its Application to Amend Notice of Appeal, dated 13 June 2003 Notice of Change of Solicitor, dated 16 June 2003 Amended Notice of Appeal dated 24 June 2003 Summary for the Court of Appeal dated 1 August 2003 Outline of Submissions (Appellant), dated 4 August 2003 Outline of Submissions (Defendant), dated 4 August 2003 Appellants Response to Cross-Appellants Outline of Submissions - 4 August 2003, dated 6 August 2003 Outline of Submissions on behalf of Respondents ( Defendants) in Response, dated 6 August 2003 List of Authorities, dated 7 August 2003 Appellants List of Authorities Submissions of the Respondents/Cross-Appellants [First Defendant and Second Defendant] ("The Respondents") on Costs of the Appeal to Date, dated 13 August 2003 Submissions of the Appellant/Cross-Repondent [Plaintiff] ("The Appellant") on Costs of the Appeal and Trial, dated 14 August 2003 Top Index to Appeal Book Index to Appeal Book, sworn 1 July 2003 Top Decision of Court of Appeal Decision of Court of Appeal, 21 August 2003 Orders of the Court of Appeal Orders of the Court of Appeal, 21 August 2003 Top Affidavits Affidavit of Anthony Leigh Middleton (15/04/03) Affidavit of Anthony Leigh Middleton, sworn 15 April 2003 ALM-1 Revised reasons of Warren J delivered 7 February 2003 ALM-2 Orders made by Warren J on 7 February 2003 ALM-3 Notice of Appeal dated 24 March 2003 ALM-4 Notice of cross-appeal dated 7 April 2003 ALM-5 Notice of contention dated 11 April 2003 ALM-6 Latter from Arnold Bloch Leibler dated 9 April 2003 ALM-7 Transcript of hearing before Warren J on 20 February 2003 ALM-8 Orders made by Goldberg J on 9 April 2003 ALM-9 Transcript of hearing before Goldberg J on 9 April 2003 Affidavit of Carmel Flynn, (23/04/03) Affidavit of Carmel Flynn, sworn 23 April 2003 CLF-1 Copy of the poll results approving the proposed DOCA CLF-2 Copy of the Ansett DOCA CLF-3 Copy of the FSC5 CLF-4 Copy of the transcript and orders of Justice Goldberg dated 21 June 2002 CLF-5 Copy of the Notice of Motion dated 28 March 2003 CLF-6 Copy of the Respondents outline of facts and contentions dated 7 April 2003 CLF-7 Copy of the affidavit of Damien Jon Pound Top Affidavit of Ross Norman Freeman, (06/06/03) Affidavit of Ross Norman Freeman, sworn 6 June 2003 Exhibits to Freeman Affidavit, (06/06/03) "RNF-1" - Copy of 1999 Consolidated Trust Deed dated 17 August 1999 "RNF-2" - Copy of revised reasons of Justice Warren dated 7 February 2003 "RNF-3" - Copy of authenticated order of Justice Warren dated 7 February 2003 "RNF-4" - Copy of the third originating motion dated 18 July 2002 "RNF-5" - Copy of the fourth originating motion dated 20 February 2003 "RNF-6 Copy of authenticated order of Justice Warren dated 20 February 2003 "RNF-7" - Copy of the FSC4 and FSC5 "RNF-8" - Copy of the notice of appeal dated 24 March 2003 "RNF-9" - Copy of the notice of cross appeal dated 7 April 2003 "RNF-10" - Copy of notice of contention dated 11 April 2003 "RNF-11" - Copy of the Minter Ellison letter to the registrar "RNF-12" - Copy of the proposed amended notice of appeal "RNF-13" - Copy of the respondents' outline of submissions dated 29 April 2003 "RNF-14" - Copy of the facsimile to respondents' solicitors dated 30 April 2003 "RNF-15" - Copy of the letter from the respondents' solicitors dated 5 May 2003 "RNF-16" - Copy of the draft further amended notice of appeal "RNF-17" - Copy of the SFSC dated 29 April 2003 Top Affidavit of Janet Belleli, (10/06/03) Affidavit and exhibit ("JB-1") of Janet Belleli, sworn 10 June 2003 Affidavit of Paul Daniel Francis, (06/08/03) Affidavit and exhibit ("PDF-1") of Paul Francis, sworn 6 August 2003 Top Most documents are available on this site in an Adobe Acrobat .pdf format. 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