ORIGINAL 30 MAY Fee FVti. Notice of Firsteross=claifil NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN )

Transcription

1 AUS Form 31 Rule 15,02(1) ORIGINAL FILEE)/Ft:-:(72-EEVEL) 30 MAY 2013 Fee FVti Notice of Firsteross=claifil Federal Court of Australia District Registry: New South Wales Division: General No. 757 of 2012 STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Ply Ltd) Cross-claimant NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Cross-respondent To: The Cross-respondent (NIEIR) 416 Queens Parade, Fitzroy North Victoria 3068 AECOM Australia Pty Ltd (AECOM Australia), the Cross-claimant in the proceeding, applies for the relief set out in this cross-claim. The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make Filed on behalf of AECOM Australia Pty Ltd, Prepared by Andrew Michael Salgo and Dr R. Higgins of Counsel and settled by Dr A. S. Bell SC. Law firm Baker & McKenzie Tel (02) Fax (02) Ref v3lSYDDMS DX 218, Sydney Address for Service Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW $58-01SYDDMS 1

2 2 orders in your absence. You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding. Time and date for hearing:q a5avviov 8 ust Place: bevel-11, Law Courts Building, Queens Square, Sydney in the State of New South Wales Dated: Signed by an officer acting with the authority of the District Registrar Further notice to cross-respondent You have been brought into this proceeding by this notice of cross-claim. You may seek copies of all or any of the pleadings or documents previously filed in this proceeding by filing a notice under rule 15.09(1)(b) (Form 32). Details of the cross-claim On the grounds set out in the statement of cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wrongdoer, (b) the Cross-respondent independently caused the loss, either in whole or in part, the subject of the claim made by the Applicants and class members in these proceedings; (c) the Cross-respondent is liable in whole or in part for that loss; and (d) the liability of the Cross-claimant (if any) is limited to an amount reflecting that proportion of the damage or loss claimed that the Court considers just having regard to the extent of the Cross-respondent's responsibility for the damage or loss, pursuant to the: (I) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part IVAA, sections 24AE to 24AS; or, in the alternative: (iii) Civil Liability Act 2003 (QId), Part 2, sections 28 to 33; or in the alternative: SYDDMS 2

3 3 (iv) Civil Liability Act 2002 (WA), Part 1F, sections 5A1 to 5A0; or, in the alternative: (v) Civil Law (Wrongs) Act 2002 (ACT), Chapter 7A, sections 107A to 107K; or, in the alternative: (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: (viii) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA), Part 3, sections 8 to Damages at common law. 3. Damages, compensation or other Orders pursuant to s.52 and s.87 of the Trade Practices Act 1974 (Cth). 4. Contribution in equity. 5. Contribution under statute. 6. Interest. 7. Costs. Preliminaries A Headings used in this First Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Ltd (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this First Cross-claim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this First Cross-claim only, AECOM Australia refers to and repeats paragraphs 1 to 35 and 41 to 46 of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 96 to 117 of its Further Amended Defence. Cross-claim under Trade Practices Act 1974 (Cth) 3. If and to the extent that any Class Member has suffered any loss and/or damage as alleged or at all (which Is denied) and if that loss and/or damage was caused by the conduct of AECOM Australia, and if AECOM Australia is liable for that loss and or damage as alleged or at all (which allegations are also denied), then that Class Member has suffered that loss and/or damage by reason of AECOM Australia's reliance upon NIEIR's Forecasts and NIEIR's Representations in preparing the Summary Letter and the Forecasts v.T+.SYDEIMS 3

4 4 4. If and to the extent that any Class Member has suffered any loss and/or damage as alleged or at all (which is denied) and if that loss and/or damage was caused by the conduct of AECOM Australia, and if AECOM Australia is liable for that loss and/or damage as alleged or at all (which allegations are also denied), then that Class Member has suffered that loss and/or damage by reason of reliance upon NIEIR's Forecasts and NIEIR's Representations by the Sponsors and the RCM Group (as and from the date of their respective registrations) and, or in the alternative, RCM Services and RCM Management, which caused and permitted the Sponsors and the RCM Group or, in the alternative, RCM Services and RCM Management, to take the NSBT Steps. 5. If, and to the extent that, any Class Member suffered loss and/or damage by reason of their own reliance on the Consented Material (which is denied) then that Class Member suffered that loss and/or damage by reason of the inclusion, and utilisation, of NIEIR's Forecasts in the preparation of the Consented Material, which occurred because of NIEIR's Representations, which were made to AECOM Australia, the Sponsors and the RCM Group (as and from the date of their respective registrations). 6. By reason of the matters alleged in paragraphs 1 to 5 herein, if AECOM Australia has any liability to any Class Member (which is denied) then this is because the conduct of NIEIR in producing and distributing NIEIR's Forecasts and making NIEIR's Representations was misleading or deceptive or likely to mislead or deceive in contravention of section 52 of the Trade Practices Act 1974 (Cth) (TPA). 7. NIEIR is liable to AECOM Australia for its loss and/or damage (if any) caused by re NIEIR's conduct as alleged herein_ Particulars of loss and/or damage Any and all liability AECOM Australia may have to a Class Member. Equitable Contribution and Concurrent Tortfeasor Claims 7 8. By reason of the matters alleged in paragraphs 1 to,8 herein, and in paragraphs 113 and 116 of the Further Amended Defence, which AECOM Australia refers to an repeats, NIEIR failed to exercise reasonable care and diligence and acted in breach of NIEIR's Duty of Care (NIEIR's Negligence). 9. If, which is denied, the Class Members have suffered loss and damage, that loss and damage was caused or contributed to by NIEIR's Negligence. Particulars of loss and/or damage The loss and damage claimed by the Clash Members in these proceedings. 102, 10. By reason of paragraphs 1 to 7 herein and paragraphs/105, 106, 107 and 117 of the Further Amended Defence, the conduct of NIEIR alleged therein contravened section 52 of the TPA (NIEIR's TPA breach). 11. In the premises, NIEIR's TPA Breach entitles the Class Members to claim damages under sections 82 and/or 87 of the TPA as against NIEIR. Particulars of loss and/or damage AECOM Australia refers to and repeats the particulars to paragraph 9 herein. 12. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will, or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability v3wmas 4

5 5 is denied), are common and/or co-ordinate to the liability of NIEIR to the Class Members by reason of: (a) NIEIR's Negligence; and, or in the alternative; (b) NIEIR's TPA Breach. 13. If, which is denied, AECOM Australia is liable to compensate any Class Member for lass and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of NIEIR referred to in paragraphs 8 to 12 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from NIEIR. 14. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, NIEIR is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from NIEIR pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 ( alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vie); or, in the alternative (c) s 6(e) of the Law Reform Act 1995 (01d); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative: (e) s 6 of the Law Reform (Contributory Negligence and Apportionment of Lia ity) Act 2001 (SA); or, in the alternative: (f) s 7 of the Law Reform (Contributory Negligence and Tortfeasorsi Contribution) Act 1947 (WA); or, in the alternative: (g) s 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). 15. AECOM Australia is entitled to claim, and hereby does claim, contribution from NIEIR to the extent the Court finds to be just and equitable, pursuant to: (a) s.5(2) of the Law Reform Miscellaneous Provisions Act 1946 (NSW); or, in the alternative: (b) s.24(2) of the Wrongs Act 1958 (VIC); or, in the alternative: (c) s.7 of the Law Reform Act 1995 (QLD); or, in the alternative: (d) s.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: (e) s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s.7(2) of the Law Reform (Contributory Negligence and Tortfeasorsr Contribution) Act 1947 (WA); or, in the alternative: (g) s.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s.13 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). Negligent Mis-statement 16. By reason of the matters alleged in paragraphs 97 to 103 of the Further Amended Defence, at all material times, NIEIR owed AECOM Australia a duty to exercise reasonable care in 30 L YDDMS 5

6 6 undertaking NIEIR's Work, and in producing and distributing NIEIR's Forecasts, to ensure that NIEIR's Forecasts were made upon reasonable grounds and that AECOM Australia could safely rely upon NIEIR's Forecasts in forecasting future NSBT traffic volumes (NIEIR's Duty of Care to AECOM Australia). 17. In the event, and by reason of, the matters pleaded in paragraphs 105, 108, 109 and 113 of the Further Amended Defence, NIEIR breached NIEIR's Duty of Care to AECOM Australia. 18. By reason of the matters alleged at paragraphs 1, 2, 16 and 17 herein, AECOM Australia has, in the premises set out in paragraphs 16 and 17 herein, suffered loss and/or damage and NIEIR is liable to pay damages at common law to AECOM Australia. Particulars offor damage AECOM Australia refers to and repeats the particulars to paragraph 7 herein. Cross-claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney mark.chapolebakermckenzie.com The Cross-claimant's address is: Level Wickham St Fortitude Valley OLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to these proceedings. Dated: 30 May SYDDNIS 6

7 7 Signed by ark Desmond Ch Lawyer for the Cross-claims This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC v35syddivis 7

8 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the First Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Date: 30 May 2013 Signed by Mark Desmon. apple Lawyer for the Cross-claimant v3 \ SY DUIVIS 8

9 9 Schedule Federal Court of Australia District Registry: New South Wales Division: General No. 757 of 2012 STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Second Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: PETER JEREMY HICKS y3SSYDDM S 9

10 10 Third Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Fourth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Fifth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) v3SYDDMS 10

11 11 Eighth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BAULDERSTONE PTY LTD (ACN ) (formerly known as Baulderstone I-lornibrook Pty Ltd) 201 gg58-y3 \ SYDDMS 11

12 ORIGINAL Form 31 Rule 15.02(1) Federal Court of Australia District Registry: New South Wales Division: General Notice of Second Cross-claim No. 757 of b1e2f:r I 1 IF FILtz Diṟ...-1(?.E--IIVED 3 a MAY 7013 STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-claimant PETER JEREMY HICKS Cross-respondent To: The Cross-respondent, Peter Jeremy Hicks 77 Bay Road Waverton NSW 2060 AECOM Australia Pty Limited, the Cross-claimant in the proceeding, applies for the relief set out in this cross-claim. The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence. Filed on behalf of AECOM Australia Pty Ltd, Prepared by Andrew Michael Salgo and Dr R. Higgins of Counsel and settled by Dr A. S. Bell SC. Law firm Baker & McKenzie Tel (02) rnark.chapple bakermckenzie.com DX 218, Sydney Fax (02) Ref v1 \SYDDMS Address for Service Baker & Mckenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW ma rk.chapsle@ba kermckenzie.com v1 SYDDMS 12

13 2 You must file a notice of address for service (Form 10) in the Re g istry before attendin g Court or taking any other steps in the proceedin g. Time and date for hearing: q. 11- u-s3r at, Place: ifevelllt, Law Courts Buildin g, Queens Square, Sydney in the State of New South Wales Dated: MAY 2013 Signed by an officer actin g with the authority of the District Re gistrar Further notice to cross-respondent You have been brought into this proceedin g by this notice of cross-claim. You may seek copies of all or an y of the pleadin gs or documents previously filed in this proceeding by filing a notice under rule 15.09(1)(b) (Form 32). Details of the cross-claim On the grounds set out in the Statement of Cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wron gdoer; (b) the Cross-respondent independentl y caused the loss, either in whole or in part, the subject of the claim made b y the Applicants and class members in these proceedin gs; (c) the Cross-respondent is liable in whole or in part for that loss ; and (d) the liability of the Cross-claimant (if an y) is limited to an amount reflectin g that proportion of the dama ge or loss claimed that the Court considers just havin g regard to the extent of the Cross-respondent's responsibilit y for the dama ge or loss, pursuant to the: (i) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part IVAA, sections 24AE to 24AS ; or, in the alternative: (iii) CM/ Liability Act 2003 (Qld), Part 2, sections 28 to 33; or in the alternative: (iv) Civil Liability Act 2002 (WA), Part 1F, sections 5A1 to 5A0; or, in the alternative: v1 \SYDDMS 13

14 3 2. Contribution in equity. (v) Civil Law (Wrongs) Act 2002 (ACT), Chapter 7A, sections 107A to 107K; or, in the alternative: (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: (viii) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA), Part 3, sections 8 to Contribution under statute. 4. Interest. 5. Costs. Preliminaries A Headings used in this Second Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Limited, (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this Second Crossclaim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this Second Cross-claim only, AECOM Australia refers to and repeats paragraphs 1 to 35 and 41 to 46 of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 63 to 95 and 120 to 146 of the Further Amended Defence. Equitable Contribution and Concurrent Tortfeasor Claims 3. By reason of the matters alleged in paragraphs 1 and 2 herein, if the PDS is defective (which is denied) then Peter Hicks is: (a) a person who was involved in the preparation of the PDS and directly or indirectly caused the PDS to be defective or contributed to it being defective within the meaning of the Act (Hicks' Corporations Act Breach); and (b) a liable person within the meaning of section 1022B(2) of the Act.: 4. In the premises, Hicks is liable to pay to the Class Members such damages, if any, which they may have suffered pursuant to section 1022B of the Act. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings yl \SYDDMS 14

15 4 5. By reason of the matters alleged in paragraphs 1 and 2 herein, Peter reasonable care and diligence and acted in breach of Hicks' 1PO Inve to constitute Hicks' Negligence. OfC241P SO scs, Ake s " RM1 6. If, which is denied, the Class Members have suffered loss and damage, s and damage was caused or contributed to by Hicks' Negligence and Peter Hicks is liable to pay damages at common law to the Class Members. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings. 7. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will, or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability is denied), are common and/or co-ordinate to the liability of Peter Hicks to the Class Members by reason of: (a) Hicks' Corporations Act Breach; and, or in the alternative (b) Hicks' Negligence. 8. If, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of Peter Hicks referred to in paragraphs 1 to 7 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from Peter Hicks. 9. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, Peter Hicks is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from Hicks pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW); or, in the alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vic); or, in the alternative: (c) s 6(c) of the Law Reform Act 1995 (01d); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative: (e) s 6 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). 10. AECOM Australia is entitled to claim, and hereby does claim, contribution from Peter Hicks to the extent the Court finds to be just and equitable pursuant to: (a) s,5(2) of the Law Reform Miscellaneous Provisions Act 1946 (NSW); or, in the alternative: (b) s.24(2) of the Wrongs Act 1958 (VIC); or, in the alternative: (e) s.7 of the Law Reform Act 1995 (QLD); or, in the alternative: 20 IS24 6-v1,.SYDDI1 S 15

16 5 (d) s.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: (e) s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s.7(2) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s.13 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). Cross-claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney mark.chapple(abakermckenzie.com The Cross-claimant's address is: Level Wickham St Fortitude Valley OLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to these proceedings. Dated: 30 May 2013 Signed by Mark on apple Lawyer for the Cross-claimant This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC. 20 i 8246-v1 \SYDDMS 16

17 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the Second Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Signed by Ma esmond Chapple Lawyer for the Cross-claimant v11SYDDIVIS 17

18 2 Schedule Federal Court of Australia District Registry: New South Wales Division: General No. 757 of 201 STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Second Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: PETER JEREMY HICKS SYDDMS 18

19 3 Third Cross-claim Cross-claimant: Cross-respondent: (464 e AECOM AUSTRALIA PTY LTD (ACN lorrrierly n as RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Fourth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Fifth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) v1ISYDDIvIS 19

20 4 Eighth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunse!] Australia Pty Ltd) Cross-respondent: BAULDERSTONE PTY LTD (ACN ) (formerly known as Saulderstone Hornibrook Pty Ltd) v ElSY DDMS 20

21 ORIGINAL Form 31 Rule 15.02(1) Notice of Third Cross-claim FEDI' L COURT ijf AUSTRAUA D REGKRy 1 FILED/RECEIVED 3 g MAY 7013 Federal Court of Australia District Registry: New South Wales Division: General No. 757 of 20 2 Fee Paid S STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-claimant RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Cross-respondent To: The Cross-respondent, RiverCity Motorway Services Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) 82 Campbell Street Bowen Hills OLD 4006 AECOM Australia Pty Limited, the Cross-claimant in the proceeding, applies for the relief set out in this cross-claim. The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below. if you or your lawyer do not attend, then the Court may make Filed on behalf of AECOM Australia Pty Ltd, Prepared by Andrew Michael Salgo and Dr R. Higgins of Counsel and settled by Dr A. S. Bell SC. Law firm Baker & McKenzie Tel (02) Fax (02) mark.chapplegbakermckenzie.corn Ref v1ISYDDMS DX 218, Sydney Address for Service Baker & Mckenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW 2000 Ern ail:mark_chapple@bakemickenzie.com v1ZYDDMS 21

22 2 orders in your absence. You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding. Time and date for hearing: CI- S C5 a ha i>yi -2 kq- -DX) CS Place: 1eter1421-, Law Courts Building, Queens Square, Sydney in the State of New South Wales Dated: 3 0 l',11ay Signed by an officer acting with the authority of the District Registrar Details of the cross-claim On the grounds set out in the Statement of Cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wrongdoer; (b) the Cross-respondent independently caused the loss, either in whole or in part, the subject of the claim made by the Applicants and class members in these proceedings; (c) the Cross-respondent is liable in whole or in part for that loss; and (d) the liability of the Cross-claimant (if any) is limited to an amount reflecting that proportion of the damage or loss claimed that the Court considers just having regard to the extent of the Cross-respondent's responsibility for the damage or loss, pursuant to the: (i) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part IVAA, sections 24AE to 24AS; or, in the alternative: (iii) Civil Liability Act 2003 (QId), Part 2, sections 28 to 33; or in the alternative: (iv) Civil Liability Act 2002 (WA), Part 1F, sections 5AI to 5A0; or, in the alternative: (v) Civil Law (Wrongs) Act 2002 (ACT), Chapter 7A, sections 107A to 107K; or, in the alternative: (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: v11.SYDDMS 22

23 3 2. Contribution in equity. (viii) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA), Part 3, sections 8 to Contribution under statute. 4. Interest 5. Costs. Preliminaries A Headings used in this Third Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Limited, (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this Third Cross-claim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this Third Cross-claim only, AECOM Australia refers to and repeats the whole of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 63 to 95 and 147 to 156 of the Further Amended Defence, Equitable Contribution and Concurrent Torffeasor Claims 3. By reason of the matters alleged in paragraphs 1 and 2 herein, if the PDS is defective (which is denied), then RCM Services is; (a) a person by whom the PDS was prepared within the meaning of section 1022B(3)(b)(i); and, or in the alternative, a person who was involved in the preparation of the PDS and directly or indirectly caused the PDS to be defective or contributed to it being defective within the meaning of section 1022B(3)(b)(ii) of the Act (each, and together, a RCM Services' Corporations Act Breach); and (b) a liable person within the meaning of section 1022B(2) of the Act. 4. In the premises, RCM Services is liable to pay Class Members such damages, if any, which they may have suffered pursuant to section 1022B of the Act. Particulars of loss andlor damage The loss and damage claimed by the Class Members in these proceedings. 5. By reason of the matters alleged in paragraphs 1 and 2 herein, RCM Services failed to exercise reasonable care and diligence and acted in breach of RCM Services' IPO Investor Duty of Care so as to constitute RCM Services' Negligence. 6. If, which is denied, the Class Members have suffered loss and damage, that loss and damage was caused or contributed to by RCM Services' Negligence and RCM Services is liable to pay damages at common law to the Class Members v11SYDDMS 23

24 4 Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings. 7. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will, or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability is denied), are common and/or co-ordinate to the liability of RCM Services to the Class Members by reason of (a) RCM Services' Corporations Act Breach; and, or in the alternative (b) RCM Services' Negligence. 8_ If, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of RCM Services referred to in paragraphs 1 to 7 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from RCM Services. 9. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, RCM Services is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from RCM Services pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vic); or, in the alternativ (c) s 6(c) of the Law Reform Act 1995 (Old); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative: (a) s 6 of the Law Reform (Contributory Negligence end Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) $ 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) a 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). 10. AECOM Australia is entitled to claim, and hereby does claim, contribution from RCM Services to the extent the Court finds to be just and equitable pursuant to: (a) s.5(2) of the Law Reform Miscellaneous Provisions Act 1946 (NSW); or, in the alternative: (b) s.24(2) of the Wrongs Act 1958 (VIC); or, in the alternative: (c) s.7 of the Law Reform Act 1995 (OLD); or, in the alternative: (d) 5.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: (e) s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: v11SYDDMS 24

25 5 (f) s.7(2) of the Law Reform (Contributory Negligence and Tortfeasorsi Contribution) Act 1947 (WA); or, in the alternative: (g) s.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s.13 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). Cross-claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney The Cross-claimant's address is: Level Wickham St Fortitude Valley QLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to these proceedings. Dated: 30 May 2013 Signed by Mark Des -pple Lawyer for the Gros ant This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC vt1SYDDMS 25

26 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the Third Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Date: 30 May 2013.S.. Signed by Mark Des ond Chapple Lawyer for the Cross-claimant SYDDMS 26

27 2 Schedule Federal Court of Australia District Registry: New South Wales Division: General No. 757 of 2012 STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH Second Cross-claim PTY LTD (ACN ) Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty LW) Cross-respondent: PETER JEREMY HICKS viSSYDDMS 27

28 Third Cross-claim Cross-claimant: Cross-respondent: cpkirt of 44r ic , KW SOUTH 1:5) WALES SQ"' -.1`,0 /c `, AECOM AUSTRALIA PTY LTD (AGN ) (for as RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) 3 Fourth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Fifth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (AGN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) v11SYDDMS 28

29 4 Eighth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BAULDERSTONE PTY LTD (ACN ) (formerly known as Baulderstone Hornibrook Pty Ltd) v1 \SYDDMS 29

30 ORIGINAL Form 31 Rule 15.02(1) Notice of Fourth Cross-claim Federal Court of Australia No. NSD 757 of 2012 District Registry: New South Wales Division: General STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-claimant RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Cross-respondent To: The Cross -respondent RiverCity (Administrators Appointed) Motorway Management Limited 82 Campbell Street Bowen Hills QLD 4006 AECOM Australia Pty Limited, the Cross-claimant in the proceeding, applies for the relief set out in this cross-claim. The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make Filed on behalf of AECOM Australia Ply Ltd, Prepared by Andrew Michael Salgo and Dr R.. Higgins of Counel and settled by Dr A. S. Bell SC. Law firm Baker & McKenzie Tel (02 ) Fax (02j 9225, mark.chapple@bakermckenzie.corn Ref v4\SYDDMS DX 218, Sydney_ Address for Service Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW mark.chapple@bakermokenzie.com v4 SYDDM S 30

31 2 orders in your absence. You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding. Time and date for hearing:q - Q Wi rq' tak9u_st a_ ( z Place: 1,~ Law Courts Building, Queens Square, Sydney in the State of New South Wales Dated: 1,1M B13 Signed by an officer acting with the authority of the District Registrar Details of the cross-claim On the grounds set out in the Statement of Cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wrongdoer; (b) the Cross-respondent independently caused the loss, either in whole or in part, the subject of the claim made by the Applicants and class members in these proceedings; (e) the Cross-respondent is liable in whole or in part for that loss; and (d) the liability of the Cross-claimant (if any) is limited to an amount reflecting that proportion of the damage or loss claimed that the Court considers just having regard to the extent of the Cross-respondent's responsibility for the damage or loss, pursuant to the: (i) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part IVAA, sections 24AE to 24AS; or, in the alternative: (iii) Civil Liability Act 2003 (QId), Part 2, sections 28 to 33; or in the alternative: (iv) Civil Liability Act 2002 (WA), Part 1 F, sections 5AI to SAO; or, in the alternative: (v) CM/ Law (Wrongs) Act 2002 (ACT), Chapter 7A, sections 107A to 107K; or, in the alternative: (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: v41SYDDMS 31

32 3 2. Indemnity. 3. Contribution in equity. (viii) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA), Part 3, sections 8 to Contribution under statute. 5. Interest. 6. Costs. Preliminaries A Headings used in this Fourth Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Limited, (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this Fourth Cross-claim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this Fifth Cross-claim only, AECOM Australia refers to and repeats the whole of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 63 to 95 and 157 to 167 of the Further Amended Defence. Equitable Contribution and Concurrent Tortfeasor Claims 3. By reason of the matters alleged in paragraphs 1 and 2 herein, if the PDS is defective (which is denied), RCM Management is: (a) a person on whose behalf the PDS was prepared within the meaning of section 1022B(3)(b)(i); and, or in the alternative, a person who was involved in the preparation of the PDS and directly or indirectly caused the PDS to be defective or contributed to it being defective within the meaning of section 1022B(3)(b)(ii), of the Act (each, and together, a RCM Management's Corporations Act Breach); and (b) a liable person within the meaning of section 1022B(2) of the Act. 4. In the premises, RCM Management is liable to pay Class Members such damages, if any, which they may have suffered pursuant to section of the Act. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings. 5. By reason of the matters alleged in paragraphs 1 and 2 herein, RCM Management failed to exercise reasonable care and diligence and acted in breach of RCM Management's IPO Investor Duty of Care so as to constitute RCM Management's Negligence v4ssyddms 32

33 4 6. If, which is denied, the Class Members have suffered loss and damage, that loss and damage was caused or contributed to by RCM Management's Negligence and RCM Management is liable to pay damages at common law to the Class Members. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings. 7. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability is denied), are common and/or co-ordinate to the liability of RCM Management to the Class Members by reason of: (a) RCM Management's Corporations Act Breach; and, or in the alternative (b) RCM Management's Negligence. 8. If, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of RCM Management referred to in paragraphs 1 to 7 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from RCM Management. 9. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, RCM Management is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from RCM Management pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW); or, in the alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vic); or, in the alternative: (c) s 6(c) of the Law Reform Act 1995 (Old); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative: (e) s 6 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). 10. AECOM Australia is entitled to claim, and hereby does claim, contribution from RCM Management to the extent the Court finds to be just and equitable pursuant to: (a) s.5(2) of the Law Reform Miscellaneous Provisions Act 1946 (NSW); or, in the alternative: (b) s.24(2) of the Wrongs Act 1958 (VIC); or, in the alternative: (c) s.7 of the Law Reform Act 1995 (OLD); or, in the alternative: (d) s.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: 20 L v4S SYDDMS 33

34 5 (e) s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s.7(2) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s.13 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). Action on Indemnity 11. By a Deed dated 13 June 2006 between AECOM Australia and RCM Management (as, and in its capacity as, responsible entity of each of the RiverCity Motorway Holding Trust and the RiverCity Motorway Investment Trust) (the Indemnity Deed) RCM Management agreed to: (a) indemnify and keep indemnified AECOM Australia against all claims, proceedings, damages, costs, charges and expenses howsoever arising out of the inclusion of the Summary Letter in the PDS which are made by any party not being a party to the Indemnity Deed (an Indemnity Deed Third Party) which are made or incurred by any Indemnity Deed Third Party and which are in excess of an aggregate amount of $500,000; and (b) release and hold AECOM Australia harmless from all claims, proceedings, damages, costs, charges and expenses howsoever arising out of the inclusion of the Summary Letter in the PDS which are made or incurred by RCM Management (as, and in its capacity as, responsible entity of each of the RiverCity Motorway Holding Trust and the RiverCity Motorway Investment Trust) and which are in excess of an aggregate amount of $500,000. Particulars Clauses 1.2 and 1.3 of the Indemnity Deed. 12. All of the Applicants in these Proceedings are Indemnity Deed Third Parties. 13. The claim by the Applicants in these Proceedings against AECOM Australia arises out of the inclusion of the Summary Letter in the PDS. 14. AECOM Australia has (and may in future) incur damages, costs, charges and expenses in connection with these Proceedings. Particulars of loss and/or damage ( 1 ) AECOM Australia has, and will continue to incur legal costs in connection with its defence of the Applicants' claim in these Proceedings. (ii) Any and all liability that AECOM Australia may have to any party in respect of these Proceedings. 15. In the premises the plaintiff claims the loss and damage incurred and to be incurred as described in paragraph 14 above which are in excess of an aggregate amount of $500, v41syddms O NEW SOUTH WALES cr RY-14s 34

35 6 Cross-claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney mark.chapclebakermckenzie.com The Cross-claimant's address is: Level Wickham St Fortitude Valley QLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to these proceedings. Dated: 30 May ) Signed by Mark D happle Lawyer for the Cross-cla nt This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC v41SYDDMS 35

36 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the Fourth Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Date: 30 May 2013 Signed by Mark Desmond Chapple Lawyer for the Cross-claimant v4N.SYDDIvIS 36

37 2 Schedule Federal Court of Australia District Registry: New South Wales No. 757 of 2012 Division: General STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Second Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: PETER JEREMY HICKS AISYDDMS 37

38 3 Third Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Fourth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Fifth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunseli Australia Pty Ltd) Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) 20I 8465-v4'SYPDMS 38

39 4 Eighth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly kno Cross-respondent: BAULDERSTONE PTY LTD (ACN ) (formerly known as Baulderstone Hornibrook Pty Ltd) v 4SSY COM S 39

40 " ' \'\\C' \l',0"') '":1';:.. :,..:1:,.'',. -H.-:. -,;!'.....:-:..., - - ' F I LE17)11: - :.1::: I- _.: i-l. NED 1 Form 31 ORIGiNAL lq._) 3 0 MAY Rule 15.02(1) z,:..t--:'-,-'7-7- ' '-:-..z-. o\ i-11 up7,4 -,-: ;,, u.,...,,,..,,.,t.. -,..A. Notice of ifth Cross-ciajm: %i-, ,l...c.,,,, 1 iz t:--_,..._,._,-_-.1 Federal Court of Australia No. 757?LP it'is,;:r'ar,,.. -',::; '.0'.- District Registry: New South Wales Division: General "I At.r STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-claimant LEIGHTON CONTRACTORS PTY LTD (ACN ) Cross-respondent To: The Cross-respondent, Leighton Contractors Pty Limited Tower 1 Level 8, 495 Victoria Avenue, Chatswood NSW 2067 AECOM Australia Pty Limited, the Cross -claimant in the proceeding, applies for the relief set out in this cross-claim. The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence. Filed on behalf of AECOM Australia Pty Ltd, Prepared by Andrew Michael Salgo and Dr R. Higgins of Counsel and settled by Dr A. S. Bell SC. Law firm Baker & McKenzie Tel (02) Fax (02) mark.chapple@bakermckenzie.com Ref v1 \SYDDMS DX 218, Sydney Address for Service Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW _mark,chapple@bakprmckenzie,c271.., y] MOS 40

41 2 You must file a notice of address for service (Form 10) in the Registry bef taking any other steps in the proceeding. Time and date for hearing: R ovk B 4 Ltts-i. Place:.1evel Law Courts Building, Queens Square, Sydney in the State of New South Wales Dated: 3 MAY Signed by an o iicer acting with the authority of the District Registrar Further notice to cross -respondent You have been brought into this proceeding by this notice of cross-claim. You may seek copies of all or any of the pleadings or documents previously filed in this proceeding by filing a notice under rule 15.09(1)(b) (Form 32). Details of the cross-claim On the grounds set out in the Statement of Cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wrongdoer; (b) the Cross-respondent independently caused the loss, either in whole or in part, the subject of the claim made by the Applicants and class members in these proceedings; (c) the Cross-respondent is liable in whole or in part for that loss; and (d) the liability of the Cross-claimant (if any) is limited to an amount reflecting that proportion of the damage or loss claimed that the Court considers just having regard to the extent of the Cross-respondent's responsibility for the damage or loss, pursuant to the: (i) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part IVAA, sections 24AE to 24AS; or, in the alternative: (iii) Civil Liability Act 2003 (ad), Part 2, sections 28 to 33; or in the alternative: (iv) Civil Liability Act 2002 (WA), Part 1r, sections 5AI to 5A0; or, in the alternative: v1SSYDDMS 41

42 3 (v) Civil Law (Wrongs) Act 2002 (ACT), Chapter 7A, secti6a I1 O407K; or.,": /4,0 in the alternative: Ti (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: 2. Contribution in equity. (viii) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA), Part 3, sections 8 to Contribution under statute. 4. Interest. 5. Costs. Preliminaries A Headings used in this Fifth Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Limited, (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this Fifth Cross-claim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this Fifth Cross-claim only, AECOM Australia refers to and repeats paragraphs 1 to 35 and 41 to 46 of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 63 to 95 and 168 to 177 of the Further Amended Defence. Equitable Contribution and Concurrent Tortfeasor Claims 3. By reason of the matters alleged in paragraphs 1 and 2 herein, if the PDS is defective (which is denied, then the Cross-respondent (Leighton) is: (a) a person who: (I) was "involved" in the preparation of the PDS; and (ii) directly or indirectly caused the PDS to be defective or contributed to it being defective within the meaning of section 1022B(3)(b)(ii) of the Act (Leighton's Corporations Act Breach); and (b) a "liable person" within the meaning of section 1022B(2) of the Act vi1SYDDMS 42

43 //COI T ' In the premises, Leighton is liable to pay the Class Members such d ages;4660vhiafill they may have suffered pursuant to section 1022B of the Act. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings.. 5. By reason of the matters alleged in paragraphs 1 and 2 herein, Leighton failed to exercise reasonable care and diligence and acted in breach of Leighton's 1P0 Investor Duty of Care so as to constitute Leighton's Negligence. 6. If, which is denied, the Class Members have suffered loss and damage, that loss and damage was caused or contributed to by Leighton's Negligence and Leighton is liable to pay damages at common law to the Class Members. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings.. 7. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will, or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability is denied), are common and/or co-ordinate to the liability of Leighton to the Class Members by reason of: (a) Leighton 's Corporations Act Breach; and, or in the alternative (b) Leighton's Negligence. 8. If, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of Leighton referred to in paragraphs 1 to 7 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from Leighton. 9. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, Leighton is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from Leighton pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW); or, in the alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vic); or, in the alternative: (C) s 6(c) of the Law Reform Act 1995 (QId); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative: (a) s 6 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT), 10. AECOM Australia is entitled to claim, and hereby does claim, contribution from Leighton to the extent the Court finds to be just and equitable pursuant to: v11SYDDMS 43

44 5 (3A E 13, 1 E1:1 (a) s.5(2) of the Law Reform Miscellaneous Provisions Act 19 ANSW-t Oir),; in alternative: (b) s.24(2) of the Wrongs Act 1958 (ViC); or, in the alternative: (c) s.7 of the Law Reform Act 1995 (QLD); or, in the alternative: (d) s.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: (e) s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s.7(2) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s.13 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). Cross-claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney mark.chapolebakermckenzie.com The Cross-claimant's address is: Level Wickham St Fortitude Valley QLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to these proceedings. Dated: 30 May v1\SYDDMS 44

45 Signed mond C Lawyer for the Cross-claimant This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC v11SY DDM S 45

46 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the Fifth Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Date: 30 May 40- Signed by Mark and Chapple Lawyer for the Cross-claimant v1 \SYDDMS 46

47 2 Schedule Federal Court of Australia District Registry: New South Wales Division: General No 757 of STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Second Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: PETER JEREMY HICKS v1ISYCOMS 47

48 3 Third Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (forinerly if own as r :`\. : j:;/ RIVERCITY MOTORWAY SERVICES PTY LTD ialiimintrators APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Fourth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Fifth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) 20I 9692-v11SYDDNIS 48

49 4 Eighth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent BAULDERSTONE PTY LTD (ACN ) (formerly known as Baulderstone Hornibrook Pty Ltd) v1 \ SYDDMS 49

50 FIL.1-=rDIFZECEIVED Form 31 Rule 15.02(1) ORIGINAL 3 0 MAY 2O13 Notice of aliss;:dainr ''''' Federal Court of Australia No. NSD 757 of 2 District Registry: New South Wales Division: General STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Ply Ltd) Cross-claimant RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Cross-respondent To: The Cross-respondent, RBS Group (Australia) Pty Ltd RBS Tower, Level 28, 88 Phillip Street Sydney NSW 2000 AECOM Australia Pty Limited, the Cross-claimant in the proceeding, applies for the relief set out in this cross-claim. The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence. Filed on behalf of AECOM Australia Ply Ltd, Prepared by Andrew Michael Sal go and Dr R. of Counsel and settled by Dr A. S. Bell SC. Law firm Baker & McKenzie Tel (02) Fax (02) mark.chapple@bakermckenzie.com Ref v11SYDDMS DX 218, Sydney Address for Service Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW Jnark.ohapple0.bakerrnekenzie.com v1 \SYDDMS 50

51 2 You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding. Time and date for hearing: R-goavvi. Place: L-eve14-7, Law Courts Building, Queens Square, Sydney in the State of New South Wales 5 D MAY 2013 Signed by an officer acting with the authority of the District Registrar Further notice to cross-respondent You have been brought into this proceeding by this notice of cross-claim. You may seek copies of all or any of the pleadings or documents previously filed in this proceeding by filing a notice under rule 15.09(1)(b) (Form 32). Details of the Cross Claim On the grounds set out in the Statement of Cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wrongdoer; (b) the Cross-respondent independently caused the loss, either in whole or in part, the subject of the claim made by the Applicants and class members in these proceedings; (c) the Cross-respondent is liable in whole or in part for that loss; and (d) the liability of the Cross-claimant (if any) is limited to an amount reflecting that proportion of the damage or loss claimed that the Court considers just having regard to the extent of the Cross-respondent's responsibility for the damage or loss, pursuant to the: (i) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part IVAA, sections 24AE to 24AS; or, in the alternative: (iii) Civil Liability Act 2003 (M), Part 2, sections 28 to 33; or in the alternative: (iv) Civil Liability Act 2002 (WA), Part 1F, sections 5AI to 5A0; or, in the alternative: v 1SSYDD M S 51

52 3 (v) Civil Law (Wrongs) Act 2002 (ACT), Chapter 7A, sections 107A to 107K; or, in the alternative: (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: (viii) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA), Part 3, sections 8 to Contribution in equity. -.: :. 3. Contribution under statute. 4. interest. 5. Costs. Preliminaries A Headings used in this Sixth Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Limited, (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this Sixth Cross-claim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this Sixth Cross-claim only, AECOM Australia refers to and repeats paragraphs 1 to 35 and 41 to 46 of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 63 to 95 and 178 to 187 of the Further Amended Defence. Equitable Contribution and Concurrent Tortfeasor Claims 3. By reason of the matters alleged in paragraphs 1 and 2 herein, if the PDS is defective (which is denied), then the Cross-respondent (ABN AMRO) is; (a) a person who was involved in the preparation of the PDS and directly or indirectly caused the PDS to be defective or contributed to it being defective within the meaning of section 1022B(3)(b)(ii) of the Act (ABN AMRO's Corporations Act Breach); and (b) a liable person within the meaning of section 1022B(2) of the Act. 4. In the premises, ABN AMRO is liable to pay the Class Members such damages, if any, which they may have suffered pursuant to section 1022E of the Act. Particulars of loss andior damage The loss and damage claimed by the Class Members in these proceedings v11SYDDMS 52

53 4 5. By reason of the matters alleged in paragraphs 1 and 2 herein, ABN MRO -failed toexerdi reasonable care and diligence and acted in breach of ABN AMRO' IRO IQ.vestor Duty,df Care so as to constitute ABN AMRO's Negligence If, which is denied, the Class Members have suffered loss and damage -, that- loss and damage was caused or contributed to by ABN AMRO's Negligence and ABN AMR() is liable to pay damages at common law to the Class Members. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings. 7. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will, or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability is denied), are common and/or co-ordinate to the liability of ABN AMRO to the Class Members by reason of: (a) ABN AMRO 's Corporations Act Breach; and, or in the alternative (b) ABN AMRO's Negligence. 8. If, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of ABN AMRO referred to in paragraphs 1 to 7 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from ABN AMRO. 9. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, ABN AMR() is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from ABN AMR() pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW); or, in the alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vic); or, in the alternative: (c) s 6(c) of the Law Reform Act 1995 (QId); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative: (e) s 6 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s 7 of the Law Reform (Contributory Negligence and Torffeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). 10. AECOM Australia is entitled to claim, and hereby does claim, contribution from ABN AMRO to the extent the Court finds to be just and equitable pursuant to: (a) s.5(2) of the Law Reform Miscellaneous Provisions Act 1946 (NSW); or, in the alternative: (b) s.24(2) of the Wrongs Act 1958 (VIC); or, in the alternative: (c) s.7 of the Law Reform Act 1995 (QLD); or, in the alternative: SYDDNIS 53

54 5 (d) s.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: (e) s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s.7(2) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s.13 of the Law Reform (Miscellaneous Provisions) Act W56 (NT). Cross claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney mark.chaboleabakermckenzie.com The Cross-claimant's address is: Level Wickham St Fortitude Valley OLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to the proceedings. Dated: 30 May 2013 Signed by Mark Desmo d Chapple Lawyer for the Cross-c aimant This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC v1 \SYDDNIS 54

55 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the Sixth Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Date: 30 May 2013 Signed Mark Desmond Chapple Lawyer for the Cross-claimant v1SYDDMS 55

56 2 Schedule Federal Court of Australia District Registry: New South Wales Division: General STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Second Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Fly Ltd) Cross-respondent: PETER JEREMY HICKS v1tSYDDMS 56

57 3 Third Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (fornioy known a RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Fourth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Fifth Cross-claim Cross-claimant; AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) v11SYDDMS 57

58 4,, Eighth Cross-claim Cross-claimant: 74(` ').1..,,,... :., _:';'\} A -,L - -. ):-:!.:.,- :t, ; AECOM AUSTRALIA PTY LTD (ACN foiellerlylmown as, /,,-.- 7 ", ';' l 2!:-. Cross-respondent: BAULDERSTONE PTY LTD (ACN ) (formerly known as Baulderstone Hornibrook Pty Ltd) v1 \SylAgAS 58

59 Form 31 Rule 15.02(1) ORIGIL Notice of Seventh Cross-claim A!..., S d. FILED/RECEIVED MAY 2U13 Federal Court of Australia District Registry: New South Wales Division: General No. NSD 757 of 2012 Fe.c. Pai J STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-claimant NEW SOUTH WALES T REG` BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) Cross-respondent To: The Cross-respondent, Bilfinger Berger Project Investments Pty Ltd Level 22, 111 Pacific Highway North Sydney NSW 2060 AECOM Australia Pty Limited, the Cross-claimant in the proceeding, applies for the relief set out in this cross-claim, The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below, if you or your lawyer do not attend, then the Court may make orders in your absence. Filed on behalf of AECOM Australia Pty Ltd, Prepared by Andrew Michael Salgo and Dr R. Higgins of Counsel and settled by Or A. S. Bell SC. Law firm Baker & McKenzie Tel (02) Fax (02) mark.chapole@bakermckenzie.com Ref v21SYDDM DX 218, Sydney Address for Service Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW mark.chapple@bakermokenzie.com v2ISYDDMS 59

60 2 You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding. Time and date for hearing: Ct -2bafriA Ctn. 2 It cam] Place: tgegilem-7, Law Courts Building, Queens Square, Sydney in the State of New South Wales T) 0 tylw 2013 Signed by an officer acting with the authority of the District Registrar Further notice to cross -respondent You have been brought into this proceeding by this notice of cross-claim. You may seek copies of all or any of the pleadings or documents previously filed in this proceeding by filing a notice under rule 15.09(1)(b) (Form 32). Details of the cross -claim On the grounds set out in the Statement of Cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wrongdoer; (b) the Cross-respondent independently caused the loss, either in whole or in part, the subject of the claim made by the Applicants and class members in these proceedings; (c) the Cross-respondent is liable in whole or in part for that loss; and (d) the liability of the Cross-claimant (if any) is limited to an amount reflecting that proportion of the damage or loss claimed that the Court considers just having regard to the extent of the Cross-respondent's responsibility for the damage or loss, pursuant to the: (I) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part 1VAA, sections 24AE to 24AS; or, in the alternative: (iii) Civil Liability Act 2003 (Old), Part 2, sections 28 to 33; or in the alternative: (iv) Civil Liability Act 2002 (WA), Part 1F, sections 5A1 to 5A0; or, in the alternative: 2C v2ssyddms 60

61 3 (v) Civil Law (Wrongs) Act 2002 (ACT), Chapter 7A, sections 107A to 107K; or, in the alternative: (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: (viii) Law Reform (Contributory Negligence 2001 (SA), Part 3, sections 8 to 11. and Apportionment of Liability) Act 2. Contribution in equity, 3. Contribution under statute. 4. interest. 5. Costs. Preliminaries A Headings used in this Seventh Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Limited, (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this Seventh Crossclaim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this Seventh Cross-claim only, AECOM Australia refers to and repeats paragraphs 1 to 35 and 41 to 46 of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 63 to 95 and 188 to 197 of the Further Amended Defence. Equitable Contribution and Concurrent Tortfeasor Claims 3. By reason of the matters alleged in paragraphs 1 and 2 herein, if the PDS is defective (which is denied), then Bilfinger is: (a) a person who was involved in the preparation of the PDS and directly or indirectly caused the PDS to be defective; or contributed to it being defective, within the meaning of section 1022B(3)(b)(ii) of the Act (Bilfinger's Corporations Act Breach); and (b) a liable person within the meaning of section 1022B(2) of the Act. 4. In the premises, Bilfinger is liable to pay to the Class Members such damages, if any, which they may have suffered pursuant to section 1022B of the Act v21$YDDMS 61

62 4 Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedi 5. By reason of the matters alleged in paragraphs 1 and 2 herein, Effinger failed to exercise reasonable care and diligence and acted in breach of Bilfinger's IPO Investor Duty of Care so as to constitute Bilfinger's Negligence. 6. If, which is denied, the Class Members have suffered loss and damage, that loss and damage was caused or contributed to by Bilfinger's Negligence and Bilfinger is liable to pay damages at common law to the Class Members. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings.. 7. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will, or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability is denied), are common and/or co-ordinate to the liability of Bilfinger to the Class Members by reason of: (a) Bilfinger 's Corporations Act Breach; and, or in the alternative (b) Bilfinger's Negligence. 8. If, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of Effinger referred to in paragraphs 1 to 7 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from Bilfinger. 9. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, Bilfinger is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from Bilfinger pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW); or, in the alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vic); or, in the alternative: (c) a 6(c) of the Law Reform Act 1995 (Qld); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative: (e) s 6 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) a 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 9956 (NT). 10. AECOM Australia is entitled to claim, and hereby does claim, contribution from Bilfinger to the extent the Court finds to be just and equitable pursuant to: (a) s.5(2) of the Law Reform Miscellaneous Provisions Act 1946 (NSW); or, in the alternative: 2otss66-v2tisynoms 62

63 5 (b) s.24(2) of the Wrongs Act 1958 (VIC); or, in the alternative: (c) s.7 of the Law Reform Act 1995 (OLD); or, in the alternative: (d) s.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: (e) s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) At 2001 (SA); or, in the alternative: (f) s.7(2) of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) 8.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s.13 of the Law Reform (Miscellaneous Provisions) Act 1956 (NIT), Cross-claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney mark.chapnleftokermckenzie.com The Cross-claimant's address is: Level Wickham St Fortitude Valley OLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to these proceedings. Dated: 30 May v2asyddms 63

64 6 Signed by ark Des le Lawyer for the Cros t This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC vMSYDDMS 64

65 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the Seventh Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to nie at present provides a proper basis for each allegation in the pleading. Signed by Mark De ond Chapple Lawyer for the Cross-claimant vaSYDDMS 65

66 2 Schedule Federal Court of Australia District Registry: New South Wales Division: General No. NSD 757 of 2012 STEPHEN HOPKINS AND ANOTHER AS SUPERANNUATION FUND Applicants TRUSTEES FOR THE HOPKINS AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Second Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: PETER JEREMY HICKS v2k,SYDDMS 66

67 3 Third Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Fourth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Fifth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Ply Ltd) RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) MSYDDNIS 67

68 4 Eighth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty LW) Cross-respondent: BAULDERSTONE PTY LTD (ACN ) (formerly known as Baulderstone Hornibrook Pty Ltd) v2%.SYDDMS 68

69 Form 31 Rule 15.02(1) ORIGINAL Notice of Eighth Cross-claim F F / ( D e 9 0 MAY "I. U1 Li Federal Court of Australia District Registry: New South Wales Division: General 1 kre, f' Wi :-,. ;...,,, No. NSD 757t of 20; ' '-----,,,,,, STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Pty Ltd) and others named in the schedule Respondents AECOM AUSTRALIA PTY LTD (ACN ) TT (formerly known as Maunsell Australia Ply Ltd) Cross-claimant BAULDERSTONE PTY LTD (ACN ) (formerly known as Baulderstone Hornibrook Pty Ltd) 7 Cross-respondent To: The Cross-respondent, Baulderstone Pty Ltd Level 5, 39 Delhi Road North Ryde NSW 2113 AECOM Australia Pty Limited, the Cross-claimant in the proceeding, applies for the relief set out in this cross-claim. The Court will hear this cross-claim, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence. Filed on behalf of AECOM Australia Pty Prepared by Andrew Michael Salgo and Dr ft Higgins of Counsel and settled by Dr A. S. Bell SC. Law firm Baker & McKenzie Tel (Q2) Fax ( mark.chappleabakernickenzie.com Ref v21SYDDMS - DX 218, Sydney Address for Service Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street, Sydney NSW 2000 mark.chaople9bakerrnckenzle.com v2ISYDDMS 69

70 2 You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding. Time and date for hearing: Ct cum_ ofrt. 4LAtausi- Place: Letei-1-77-Law Courts Building, Queens Square, Sydney in the State of New South Wales Dated: Signed by an officer acting with the authority of the District Registrar Further notice to cross respondent You have been brought into this proceeding by this notice of cross-claim. You may seek copies of all or any of the pleadings or documents previously filed in this proceeding by filing a notice under rule 15.09(1)(b) (Form 32). Details of the Cross Claim On the grounds set out in the statement of cross-claim, the Cross-claimant claims: 1. A declaration that: (a) the Cross-respondent is a concurrent wrongdoer; (b) the Cross-respondent independently caused the loss, either in whole or in part, the subject of the claim made by the Applicants and class members in these proceedings; (c) the Cross-respondent is liable in whole or in part for that loss; and (d) the liability of the Cross-claimant (if any) is limited to an amount reflecting that proportion of the damage or loss claimed that the Court considers just having regard to the extent of the Cross-respondent's responsibility for the damage or loss, pursuant to the: (i) Civil Liability Act 2002 (NSW), Part 4; or, in the alternative: (ii) Wrongs Act 1958 (Vic) Part IVAA, sections 24AE to 24AS; or, in the alternative: (iii) Civil Liability Act 2003 (Old), Part 2, sections 28 to 33; or in the alternative: (iv) Civil Liability Act 2002 (WA), Part 1F, sections 5A1 to 5A0; or, in the alternative: v21SYDDMS 70

71 3 (v) Civil Law (Wrongs) Act 2002 (ACT), Chapter 7A, sections 107A to 107K; or, in the alternative: (vi) Proportionate Liability Act 2005 (NT); or, in the alternative: (vii) Civil Liability Act 2002 (Tas), Part 9A, sections 43A to 43G; or, in the alternative: 2. Contribution in equity. (viii) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA), Part 3, sections 8 to Contribution under statute. 4. interest. 5. Costs. Preliminaries A Headings used in this Eighth Cross-claim are for convenience only. B Unless the context requires otherwise, the Cross-claimant, AECOM Australia Pty Limited, (AECOM Australia) adopts the defined terms used in the Amended Statement of Claim filed on 1 August 2012 (ASOC), but does not admit any factual assertions contained in, or in any way implied by, any defined term used in the ASOC and repeated in this Eighth Cross-claim. C AECOM Australia also adopts defined terms used in its Further Amended Defence dated 30 May 2013 (the Further Amended Defence). Pleadings 1. For the purposes of this Eighth Cross-claim only, AECOM Australia refers to and repeats paragraphs 1 to 35 and 41 to 46 of the ASOC (which paragraphs remain respectively denied, not admitted, or admitted by AECOM Australia as set out in the Further Amended Defence and herein). 2. AECOM Australia refers to and repeats paragraphs 63 to 95 and 198 to 207 of the Further Amended Defence. Equitable Contribution and Concurrent Tortfeasor Claims 3. By reason of the matters alleged in paragraphs 1 and 2 herein, if the PDS is defective (which is denied), then the Cross-respondent (Baulderstone) is: (a) a person who was involved in the preparation of the PDS and directly or indirectly caused the PDS to be defective or contributed to it being defective within the meaning of section 1022B(3)(b)(ii) of the Act (Baulderstone's Corporations Act Breach); and (b) a liable person within the meaning of section 10228(2) of the Act. 4. In the premises, Baulderstone is liable to pay to the Class Members such damages, if any, which they may have suffered pursuant to section 1022B of the Act. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings v2SSYDDMS 71

72 4 5. By reason of the matters alleged in paragraphs 1 and 2 herein, f# QderstOrie faile0o exercise reasonable care and diligence and acted in breach of Bauld4r.gone!s' IPO investor: Duty of Care so as to constitute Baulderstone's Negligence. 1` i 6. If, which is denied, the Class Members have suffered loss and davnige, That Ibss,. aril damage was caused or contributed to by Baulderstone's Negligence gri d.baulderstone is liable to pay damages at common law to the Class Members. Particulars of loss and/or damage The loss and damage claimed by the Class Members in these proceedings. 7. The allegations made against AECOM Australia in the ASOC, or, alternatively, such of those allegations made against AECOM Australia in the ASOC as will, or may, be found to create or evidence a liability in favour of any Class Member against AECOM Australia (which liability is denied), are common and/or co-ordinate to the liability of Baulderstone to the Class Members by reason of: (a) Baulderstone 's Corporations Act Breach; and, or in the alternative (b) Baulderstone's Negligence. 8. If, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, such liability is common and/or co-ordinate with the liability of Baulderstone referred to in paragraphs 1 to 7 herein, and AECOM Australia is, accordingly, entitled to claim, and hereby does claim, contribution in equity from Baulderstone. 9. Further, or in the alternative, if, which is denied, AECOM Australia is liable to compensate any Class Member for loss and/or damage suffered as alleged, Baulderstone is a tortfeasor who is liable, or would have been liable if sued, to that Class Member in respect of that loss and/or damage and AECOM Australia may recover contribution from Baulderstone pursuant to: (a) s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW); or, in the alternative;. (b) s 23B and s 24 of the Wrongs Act 1958 (Vic); or, in the alternative: (c) s 6(c) of the Law Reform Act 1995 (Old); or, in the alternative: (d) s 3 of the Wrongs Act 1954 (Tas); or, in the alternative; (e) a 6 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: (f) s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA); or, in the alternative: (g) s 21 of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: (h) s 12 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). 10. AECOM Australia is entitled to claim, and hereby does claim, contribution from Baulderstone to the extent the Court finds to be just and equitable pursuant to: (a) s.5(2) of the Law Reform Miscellaneous Provisions Act 1946 (NSW); or, in the alternative: (b) s.24(2) of the Wrongs Act 1958 (VIC); or, in the alternative: v2\SYDDMS 72

73 5 s.7 of the Law Reform Act 1995 (QLD); or, in the alternative: s.3(2) of the Wrongs Act 1954 (TAS); or, in the alternative: s.6(5) of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA); or, in the alternative: s.7(2) of the Law Reform (Contributory Negligence and Torffeasors' Contribution) Act 1947 (WA); or, in the alternative: s.21(2) of the Civil Law (Wrongs) Act 2002 (ACT); or, in the alternative: s.13 of the Law Reform (Miscellaneous Provisions) Act 1956 (NT). Cross-claimant's address The Cross-claimant's address for service is: Place: Baker & McKenzie, Solicitors Level 27, AMP Centre, 50 Bridge Street Sydney NSW 2000 DX 218 Sydney The Cross-claimant's address is: Level Wickham St Fortitude Valley QLD 4006 Service on the Cross-respondent It is intended to serve this application on the Cross-respondent and the other parties to these proceedings. Dated: 30 May v2NSYDDMS 73

74 6 I Si nge'l by Mark Desmond awyer for the Cross-oleo This pleading was prepared by Andrew Salgo at Baker & McKenzie and Dr Ruth Higgins of Counsel and settled by Dr Andrew Bell SC v21SYDDMS 74

75 Certificate of lawyer I Mark Desmond Chapple certify to the Court that, in relation to the Eighth Cross-claim filed on behalf of the Cross-claimant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Date: 30 May Signed by Mark D- Chapple Lawyer for the Cross-claimant 20] vzsyddms 75

76 2 Federal Court of Australia District Registry: New South Wales Division : General Schedule,,,e,%:..,, 4%11 K #1 L41 --le:. fi) -' i--- 1) No. NSD 757 ot\3912e.' :..., r--f,01._\ STEPHEN HOPKINS AND ANOTHER AS TRUSTEES FOR THE HOPKINS SUPERANNUATION FUND Applicants AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Maunsell Australia Ply Ltd) First Respondent RIVERCITY MOTORWAY MANAGEMENT LIMITED (ADMINISTRATORS APPOINTED) (ACN ) Second Respondent RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Third Respondent Details of all cross-claims in the proceeding First Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: NATIONAL INSTITUTE OF ECONOMIC AND INDUSTRY RESEARCH PTY LTD (ACN ) Second Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: PETER JEREMY HICKS v2SYDDMS 76

77 3 Third Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RIVERCITY MOTORWAY SERVICES PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) (ACN ) Fourth Cross-claim Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: RIVERCITY MOTORWAY MANAGEMENT LIMITED Fifth Cross-claim (ADMINISTRATORS APPOINTED) (ACN ) Cross-claimant: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as Cross-respondent: LEIGHTON CONTRACTORS PTY LTD (ACN ) Sixth Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as RBS GROUP (AUSTRALIA) PTY LTD (ACN ) (formerly known as ABN AMRO Australia Limited) Seventh Cross-claim Cross-claimant: Cross-respondent: AECOM AUSTRALIA PTY LTD (ACN ) (formerly known as BILFINGER BERGER PROJECT INVESTMENTS PTY LTD (ACN ) (formerly known as Bilfinger Berger Concessions Pty Ltd) v21SYDD1v1S 77