You have received this notice because you are a group member in this proceeding.

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1 SUPREME COURT OF VICTORIA NOTICE TO GROUP MEMBERS Abalone Class Action Regent Holdings Pty Ltd v State of Victoria and Another (SCI ) NOTICE OF HEARING TO CONSIDER APPROVAL OF A PROPOSED SETTLEMENT You have received this notice because you are a group member in this proceeding. WHAT HAS OCCURRED In 2013, Justice Beach of the Trial Division of the Supreme Court of Victoria dismissed the claims of Regent Holdings Pty Ltd (Regent). On behalf of group members, Regent had brought a negligence action against the State of Victoria (the State) seeking compensation for an outbreak of an infectious herpes-like viral disease, Abalone Viral Ganglioneuritis (AVG), in wild abalone populations along the western and central Victorian coast. In addition to dismissing Regent s claim, Justice Beach ordered that Regent pay the State s costs of the proceeding. On 21 November 2013, Regent, on behalf of group members, commenced an appeal against Justice Beach s judgment. In December 2014, after negotiations, Regent and the State agreed to settle this appeal subject to the approval of the Supreme Court. The agreement has been executed as a deed (the deed). The main terms of the deed are that: 1. Regent will discontinue the appeal. 2. Regent will pay the State $2.57 million for its costs of the proceeding. (This sum will be paid from the monies received from Southern Ocean Mariculture, with which Regent settled in September 2013.)

2 3. The State and Regent, on behalf of group members, will mutually release each other from all liabilities owing to each other. WHAT THIS MEANS FOR YOU The settlement under the deed will only proceed if the Court approves it. Details for this approval process are given below. If the settlement is approved: 1. Group members will receive no payment from this proceeding. 2. Group members will be barred from making any further claims against the State regarding AVG. 3. Consistent with previous arrangements, group members will not be required to contribute any of their own money towards the $2.57 million sum to be paid to the State. WHAT YOU CAN DO NOW The Court will hold a hearing on Regent s application to approve the settlement under the deed at 10:30 am on 25 May 2015 at the Supreme Court of Victoria, William Street, Melbourne. If you accept the settlement under the deed, you do not need to do anything. If you oppose the settlement: 1. you must complete the form entitled NOTICE OF OBJECTION TO PROPOSED SETTLEMENT attached to this notice and send it to the address stipulated there by 4:00 pm on 4 May 2015; and 2. you may appear at the hearing on 10:30 am on 25 May 2015 to be heard in relation to your opposition.

3 For the purposes of considering whether you wish to do this, you may obtain independent legal advice. Note that, under the Supreme Court s rules of procedure, a corporation must appear in Court by a legal practitioner. ACCESS TO MATERIALS A copy of the deed is available for download from the Maurice Blackburn website at The password for the deed is available on request by contacting Maurice Blackburn on (03) Furthermore, if you object to the settlement under the deed, the parties will serve on you or your legal practitioner the materials on which they will rely at the hearing. If you have any other questions please contact Jacob Varghese or Min Guo of Maurice Blackburn on (03) or seek independent legal advice.

4 IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMON LAW DIVISION MAJOR TORTS LIST B E T W E E N REGENT HOLDINGS PTY LTD (ACN ) AS TRUSTEE FOR V.L. HALLIDAY INVESTMENT TRUST and STATE OF VICTORIA and No SCI Plaintiff First Defendant SOUTHERN OCEAN MARICULTURE PTY LTD (ACN ) Second Defendant NOTICE OF OBJECTION TO PROPOSED SETTLEMENT TO: Katrina Chow, Class Actions Coordinator Supreme Court of Victoria 210 William Street Melbourne Victoria 3000 scvclassactions@supremecourt.vic.gov.au Name of group member: Address: address: If you are legally represented, please fill out the following Name of law firm: Lawyer who is representing you: Address: address:

5 I am a group member in these proceedings. I object to the proposed settlement of these proceedings on the terms proposed because: Reasons for objection: [You should set out, below, your reasons for objection attach additional sheets if further space is required] Please indicate whether you intend to give or lead evidence in support of your objection: I intend to give or lead evidence in support of my objection I do not intend to give or lead evidence in support of my objection