This hearing has been adjourned by the Federal Court to be heard on 23 October 2017 at 11.30am AWST.

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1 13 October 2017 To Creditors Empire Oil Company (WA) Limited (Receivers and Managers Appointed) (Administrators Appointed) ARBN (EOC) Empire Oil & Gas NL (Administrators Appointed) ACN (EGO) Empire Services Pty Ltd (Administrators Appointed) ACN (EMS) (collectively the Companies ) I refer to the appointment of Martin Jones, Peter McCluskey and myself as joint and several Voluntary Administrators of EOC on 14 September 2017 and EGO & EMS on 28 September We provide the following update in relation to the status of the Companies administrations and orders made by the Federal Court of Australia on 11 October Notice of extension to the convening period Consent orders were granted in the Federal Court of Australia, in Perth, for an extension of the convening period for the second meeting of creditors of EOC from 13 October 2017 to 20 October 2017 (please refer to the attached orders). An initial application to extend the convening period to 11 December 2017 was lodged by the Administrators, however following feedback from Mineral Resources Limited (MRL) it was agreed that an interim extension as above be sought. The Administrators reasons for the initial extension sought went as follows: 1. To adequately test the market for the sale of EOC s assets: To accommodate the marketing and sale program being undertaken by the Administrators in respect of the exploration permits that are owned by EOC (that are not subject to the appointment of Receivers and Managers). 2. Deed of Company Arrangement: On 6 October 2017, MRL provided us with the Term Sheet of a Deed of Company Arrangement they wish to propose for EOC together with a presentation relating to this Deed of Company Arrangement. We are currently considering the DOCA term sheet presented by MRL. 3. Directions required: Based on our preliminary investigations to date, there are several matters in relation to which we require the directions of Court. These include: a. Determining whether the gas sale proceeds received by EGO on the day of our appointment as Administrators of EOC relating to sales by EOC should be retained by EGO or transferred to EOC. This hearing has been adjourned by the Federal Court to be heard on 23 October 2017 at 11.30am AWST. b. Determining who may be regarded as the effective employer of the Empire Group s staff. This will be heard in the Federal Court on 19 October 2017 at 2.15pm AWST. c. Determining whether EGO is able to vote its intercompany debt in the administration of EOC. This will be heard in the Federal Court on 17 October 2017 at 12.00pm AWST.

2 The Federal Court is located at the Peter Durack Commonwealth Law Courts Building, 1 Victoria Avenue, before Justice McKerracher. If you would like to be heard at this application, please advise us so we may inform the Court. A second creditors meeting of EOC is required to held no later than five (5) business days after the end of the convening period, unless further extended. We note that orders were also received for the Companies second meeting to be held together, however we are yet to conclude whether the meetings will be held jointly or remain separate. The second creditors meetings for EGO and EMS will continue to be held on or before 2 November If you have any queries in relation to the above, please do not hesitate to contact Tim Rose of this office on (08) Yours faithfully Empire Oil Company (WA) Limited Empire Oil & Gas NL Empire Services Pty Ltd Andrew Smith Joint and Several Administrator

3 Federal Court of Australia District Registry: Western Australia Division: General No: WAD493/2017 PETER DAMIEN MCCLUSKEY, MARTIN BRUCE JONES AND ANDREW MICHAEL SMITH IN THEIR CAPACITIES AS JOINT AND SEVERAL ADMINISTRATORS OF EMPIRE OIL & GAS NL (ADMINISTRATORS APPOINTED) ABN and others named in the schedule Plaintiffs ORDER JUDGE: JUSTICE MCKERRACHER DATE OF ORDER: 11 October 2017 WHERE MADE: Perth THE COURT ORDERS THAT: Extension of convening period 1 An order pursuant to s.439a(6) and 447A(1) of the Corporations Act 2001 (Cth) that the convening period within which the Plaintiffs must convene the second meeting of creditors of Empire Oil Company (WA) Limited (Receivers and Managers Appointed) (Administrators Appointed) (EOC) under s.439a of the Act be extended, on an interim basis, to 20 October An order pursuant to s.447a(1) of the Act that Part 5.3A of the Act is to operate such that the second meeting of EOC and the other companies listed in the Schedule (Companies) may be held, together or separately, at any time during, or within five business days after the end of, the convening period of each of the Companies (including as extended in respect of EOC by paragraph 1 above), notwithstanding the provisions of s.439a(2) of the Act. 3 The application to extend the convening period for the second meetings of the creditors of the Companies be otherwise adjourned to 19 October 2017 at 2.15pm (AWST). Service and notices 4 An order that the Plaintiffs, within seven business days after the making of these orders, are to take all reasonable steps to give notice of these orders to the Companies creditors (including the persons claiming to be creditors), by means of a circular:

4 - 2 - (a) (b) to be sent by transmission to creditors for whom the Plaintiffs have a current address; or to be sent by ordinary post to creditors for whom the Plaintiffs have only a postal address. 5 In respect of EOC only, an order pursuant to s.447a(1) of the Act that, subject to any modification by this or any other order of the Court, Part 5.3A of the Act is to operate such that any other part of the Act and any subsidiary legislation or legislative instrument made under the Act that would apply to a Part 5.3A administration of a company registered under the Act, applies to the administration of EOC. 6 An order pursuant to s.447a(1) of the Act that Part 5.3A of the Act is to operate such that the requirement on the Plaintiffs to issue notices under Rule of the Insolvency Practice Rules (Corporations) 2016 (Cth) (Insolvency Practice Rules) be modified so that notice of the second meeting of each of the Companies will be validly given to any creditors by, not less than five business days prior to the date of the second meeting of each of the Companies: (a) (b) (c) giving such notice electronically by sent to the address of any creditor (including persons claiming to be creditors) of the Companies for whom or which the Plaintiffs hold an address; sending such notice to the postal address or facsimile number, or otherwise as provided for by the Act or the Corporations Regulations 2001 (Cth), to any creditors not being a creditor referred to in sub-paragraph (a); and causing such notice to be published in The Insolvency Notices website located at: 7 An order that pursuant s.447a(1) of the Act that Part 5.3A of the Act be modified such that the information required under Rule of the Insolvency Practice Rules to accompany the said notices to creditors may be validly given if it is: (a) (b) available for download from the website that is maintained by the Plaintiffs; and referred to in the notices issued and published in accordance with paragraph 6, as being available for download from the website that is maintained by the Plaintiffs. Interested parties have liberty to apply 8 An order that any person who can demonstrate sufficient interest (including any creditor of EOC) for the purpose of modifying or discharging any orders made pursuant to paragraphs 1

5 - 3 - and 2 above have liberty to apply on giving all other interested parties not less than 3 business days written notice. Confidentiality 9 Pursuant to sections 37AF and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth), and subject to any further order made on the application of a person interested in the proceeding: (a) (b) the documents on the Court file identified in the table annexed to these orders and marked Annexure A be replaced with redacted copies, with the identified confidential sections redacted and marked confidential ; and any un-redacted copies of the documents on the Court file identified in Annexure A be suppressed or sealed by the Court, and are not to be published or accessed except pursuant to an order of the Court. Treatment of employees 10 Any order pursuant to s of Schedule 2 (Insolvency Practice Schedule) of the Act that the Plaintiffs are justified in treating each employee of the Companies as being an employee of Empire Oil & Gas NL (Administrators Appointed) (EGO) and having been so employed since the commencement of their employment, to be dealt with on 19 October 2017 at 2.15pm (AWST) in conjunction with the Plaintiffs application. Treatment of funds paid by Alcoa 11 The application to determine the matters set out at paragraph 9 (Treatment of funds paid by Alcoa) of the Originating Process be adjourned to 23 October 2017 at 11.30am (AWST). Treatment of intercompany loan 12 Leave be given to Mineral Resources Limited to appear as a contradictor in respect of the orders to determine the matters set out at paragraph 10 (Treatment of intercompany loan) of the Originating Process. 13 On or before 10.00am (AWST) on 16 October 2017, the Plaintiffs and Mineral Resources Limited file and serve any minute of proposed orders, affidavit or submissions relating to the treatment of intercompany loan (as set out at paragraph 10 of the Originating Process). 14 The costs of Mineral Resources Limited incurred in relation to its role as contradictor provided for by paragraph 12 above be costs and expenses in the administration of EGO, and be paid out of the assets of EGO.

6 - 4 - Next hearing 15 The hearing of the matter regarding the treatment of the intercompany loan be listed for hearing on 17 October 2017 at midday (AWST). 16 The further hearing of any other matters be adjourned. Costs and other orders 17 The Plaintiffs costs of and incidental to this application be costs and expenses in the administration of each of the Companies, and be paid out of the assets of the Companies. 18 The Plaintiffs have liberty to apply in respect of these orders on giving all interested parties not less than 3 business days notice, including (without limitation) for the purpose of seeking any further extension of the convening period as extended by paragraph 1 above. Date that entry is stamped: 11 October 2017

7 - 5 - ANNEXURE A Documents the subject of confidentiality order Affidavit of Andrew Michael Smith sworn 9 October 2017 Sections of documents subject to confidentiality order Annexures AMS-6 and AMS-37

8 - 6 - Schedule Federal Court of Australia District Registry: Western Australia Division: General No: WAD493/2017 Second Plaintiff Third Plaintiff EMPIRE OIL COMPANY (WA) LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) NEW ZEALAND COMPANY NUMBER , ARBN EMPIRE SERVICES PTY LTD (ADMINISTRATORS APPOINTED) ABN