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Timbercorp Almond Schemes

Company Name

Timbercorp Group of Companies (In Liquidation)

Type of Appointment

Liquidation

Date of Appointment

23 April 2009

Appointees

Craig Shepard and Leanne Chesser and Mark Korda and Mark Mentha

Liquidation Profile

Liquidation: 29 June 2009

Warning

Information for Scheme Members and Creditors of Timbercorp Ltd Group of Companies (In Liquidation) (ASX: TIM) ('Timbercorp')

Access to information about the Timbercorp liquidations contained on this web page (and any links thereto) is limited to Scheme Members and creditors of Timbercorp  (and any professional advisors of such Scheme Members or creditors).  In order to access information regarding the liquidations of Timbercorp, you must declare as follows:

 “I declare that I am a Scheme Member or creditor of Timbercorp (or a professional advisor thereto) and I agree not to communicate any information contained on this web page (and any links thereto) to any person other than another Scheme Member or Creditor of Timbercorp without the express written consent of the liquidators or unless otherwise compelled by law.

I indemnify KordaMentha and the liquidators of Timbercorp in respect of any liability to which they are exposed in the event that this declaration is false and as a consequence of that falsity.”

By clicking Proceed below you declare and acknowledge the above statement:

 
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Creditors Timbercorp Almond Schemes

Purpose

The purpose of this page is to provide a central point of contact for the distribution of information to Grower Investors who have invested in the Almond Schemes for which Timbercorp Securities Limited (In Liquidation) (“TSL”) acts as Responsible Entity (“RE”). The documents and information provided on this page will be updated on a regular basis. Grower Investors are urged to check this page in the first instance should they have any queries or would like an update as to the status of the Almond Schemes.

Appointment Contacts: Australia

Timbercorp Hotline
T: +61 3 8615 1200
Email: [email protected]

 



Relevant links

Creditors forms and information - Australia

Information for

Download Documents

Current Status

Annual Summaries for the year ended 30 June 2010 sent on 28 July 2010.

Distribution of 2008 and 2009 Harvest Proceeds

  • All expected proceeds from the 2008 and 2009 crops have been received
  • Distributions commenced in March 2010 and November 2011 for the 2008 and 2009 harvests proceeds respectively.
  • Where Grower Investors have loans outstanding with Timbercorp Finance Pty Ltd (In Liquidation) (‘Timbercorp Finance’), harvest proceeds may be placed on hold pending a determination in relation to the competing claims to the proceeds by Grower Investors and Timbercorp Finance. Grower Investors may direct their proceeds that have been placed on hold to be applied against their outstanding loan balance. To enquire about this, Grower Investors should contact Timbercorp Grower Management on 1800 628 188.

Sale Of Assets

  • The Timbercorp owned almond orchards and attached water rights have been sold to Olam International Group for approximately $128 million. The sale was completed on 2 December 2009.
  • The sale proceeds were being held on trust until proceedings in the Supreme Court determined the apportionment of the proceeds between secured creditors and Grower Investors. Judgment was delivered by the Supreme Court on 15 June 2011 and the sale proceeds were released to secured creditors in July 2011 in accordance with the court orders. The judgment was subsequently appealed on 11 July 2011.

Distribution Dates

Distribution Date Distributed
Distribution of Almond Harvest Proceeds 19 March 2010
Second Distribution of Almond Harvest Proceeds 29 November 2010

Distributions

letter to Growers - Distribution of Almond Harvest Proceeds-19 March 2010

179kb

Letter to Growers - Second Distribution of Harvest Proceeds-29 Nov 2010

267kb

Frequently Asked Questions

Frequently Asked Questions - Almond Schemes (Updated 8 July 2009)

336kb

Frequently Asked Questions - Almonds Scheme Distribution (29 November 2010)

312kb

Frequently Asked Questions - Grower Investors (29 May 2009)

369kb

Tax Determinations

Notification Regarding Tax Determinations (2 October 2009)

115kb

TD 2009-D10

47kb

TD 2009-D11

48kb

TD 2009-D9

48kb

Documents relating to application for directions

Affidavit of David Butterfield (9 June 2009)

753kb

Affidavit of Leon Zwier (17 June 2009)

121kb

First Affidavit of M Bland (9 June 2009)

195kb

First Affidavit of Mark Korda (4 June 2009)

2756kb

Minute of Order (17 June 2009)

983kb

Note of Directions (10 June 2009)

17kb

Notice of Appearance (5 June 2009)

36kb

Originating process (4 June 2009)

91kb

Second Affidavit of Mark Anthony Korda

97kb

Submissions of Andrew Niere (16 June 2009)

120kb

Affidavits relating to applications to windup almond schemes

Affidavit of M Korda - 2001 Almond Scheme

3886kb

Affidavit of M Korda - 2002 Almond Scheme

4220kb

Affidavit of M Korda - 2003 Almond Scheme

4006kb

Affidavit of M Korda - 2004 Almond Scheme

5026kb

Affidavit of M Korda - 2005 Almond Scheme

8749kb

Affidavit of M Korda - 2006 Almond Scheme

7270kb

Affidavit of M Korda - 2007 Almond Scheme

7444kb

General Affidavit - Exhibits 13 July 2009

10240kb

General Affidavit 13 July 2009

190kb

Affidavits in Opposition

Affidavit of Christopher Littley - 2005 Almond Scheme (3 July 2009)

614kb

Affidavit of Constantine Moshopoulos - 2006 Almond Scheme (3 July 2009)

137kb

Affidavit of David Butterfield - 2007 Almond Scheme (3 July 2009)

1154kb

Affidavit of Graham Goldenberg - 2002 Almond Scheme (3 July 2009)

180kb

Affidavit of Kerree Bezencon - 2004 Almond Scheme (3 July 2009)

195kb

Affidavit of Malcolm Weaver - 2003 Almond Scheme (3 July 2009)

135kb

Affidavit of Peter Holt - 2001 Almond Scheme (3 July 2009)

377kb

Affidavit of Stephen Lynch - Almond Schemes (3 July 2009)

929kb

Supplementary and reply affidavits

Affidavit of Andrew Malarkey - Almond Schemes (Pollination (14 July 2009)

226kb

Affidavit of Mark Korda - 2001 Almond Scheme (9 July 2009)

9248kb

Affidavit of Mark Korda - 2002 Almond Scheme (9 July 2009)

920kb

Affidavit of Mark Korda - 2003 Almond Scheme (9 July 2009)

880kb

Affidavit of Mark Korda - 2004 Almond Scheme (9 July 2009)

778kb

Affidavit of Mark Korda - 2005 Almond Scheme (9 July 2009)

870kb

Affidavit of Mark Korda - 2006 Almond Scheme (9 July 2009)

858kb

Affidavit of Mark Korda - 2007 Almond Scheme (9 July 2009)

1047kb

Reply Affidavit of Mark Korda - Almond Schemes (15 July 2009)

3088kb

Interlocutory process and supporting affidavits

Affidavit and Exhibits - Christopher Garnaut 14 July 2009

2744kb

Affidavit of Christopher Littley - 2005 Almond (10 July 2009)

529kb

Affidavit of Christopher Littley - Millennium 3 (10 July 2009)

134kb

Affidavit of Constantine Moshopoulos - 2006 Almond (10 July 2009)

162kb

Affidavit of David Butterfield - 2007 ALmond Scheme (10 July 2009)

110kb

Affidavit of David Dunn – Align Proposal (15 July 2009)

453kb

Affidavit of Graham Goldenberg - 2002 Almond Scheme (10 July 2009)

93kb

Affidavit of John Huntley Knox - Almond Schemes (14 July 2009)

3176kb

Affidavit of Malcolm Weaver - 2003 Almond Scheme (10 July 2009)

575kb

Affidavit of Mark Bland - Almond Scheme (16 July 2009)

71kb

Affidavit of Michael Fernon (17 December 2009)

29kb

Affidavit of Owen Lennie - Almond Schemes (10 July 2009)

223kb

Affidavit of Pauline Hammer - Professional Investment Services (10 July 2009)

140kb

Affidavit of Peter Holt - 2001 Almond Project (10 July 2009)

79kb

Form 3 - Chris Littley - 2005 Almond Scheme (10 July 2009)

101kb

Form 3 - Constantine Moshopoulos - 2006 Almond (10 July 2009)

101kb

Form 3 - David Butterfield - 2007 Almond Scheme (10 July 2009)

106kb

Form 3 - Graham Goldenberg - 2002 Almond Scheme (10 July 2009)

104kb

Form 3 - Kerree Bezencon - 2004 Almond Scheme (10 July 2009)

102kb

Form 3 - Malcolm Weaver - 2003 Almond Scheme (10 July 2009)

101kb

Form 3 - Peter Holt - 2001 Almond Scheme (10 July 2009)

101kb

Interlocutory Process (17 December 2009)

64kb

Reply Affidavit of Stephen Lynch - Almond Schemes (15 July 2009)

756kb

Plaintiff's outline of submissions

Plaintiffs Outline of Submissions (10 July 2009)

688kb

Plaintiffs Outline of Submissions (16 June 2009)

49kb

Opposition's outline of submissions

Outline of Submissions

6/2/2014|49kb

ASIC's submissions

ASIC's Submissions 20090616

15/6/2009|37kb

ASIC's Submissions 20090714

13/7/2009|79kb

Orders

Orders of the Honourable Justice Robson

20/7/2009|3456kb

Continuation of application to windup almond schemes

Affidavit of Mark Korda - Almond Update (17 August 2009)

531kb

Exhibit ASU 1-19

7915kb

Exhibit ASU 23

157kb

Exhibit ASU 24

9501kb

Orders of the Honourable Justice Robson (21 August 2009)

264kb

Plaintiffs' Closing Submissions (17 August 2009)

544kb

Appointment of Special Purpose Liquidator

Affidavit of Andrew Malarkey-Appointment of PPB (14 September 2009)

356kb

Interlocutory Process for Directions (11 September 2009)

211kb

Judgment in respect of appointment of PPB (14 September 2009)

51kb

Application for direction regarding sale of almond assets

Affidavit of Kerree Anne Bezencon (6 October 2009)

1684kb

Affidavit of Mark Korda (5 October 2009)

1295kb

Affidavit of Michael Fernon (5 October 2009)

1441kb

Amended Originating Motion 6 October 2009

142kb

Exhibit MAK-0 to MAK-3

2302kb

Exhibit MAK-15

4029kb

Exhibit MAK-16 to MAK-18

3097kb

Exhibit MAK-19 to MAK-20

2759kb

Exhibit MAK-21 to MAK-22

798kb

Exhibit MAK-24

6264kb

Exhibit MAK-26 to MAK-27

463kb

Exhibit MAK-4 to MAK-6

1822kb

Exhibit MAK-7 to MAK-12

2193kb

Exhibit MJF 19

2692kb

Exhibit MJF 20

2391kb

Exhibit MJF10

2856kb

Exhibit MJF11

2272kb

Exhibit MJF12-MJF15

1815kb

Exhibit MJF16

1165kb

Exhibit MJF17

955kb

Exhibit MJF18

3599kb

Exhibit MJF7-MJF8

1065kb

Exhibit MJF9

2632kb

Exhibits MJF 21-26

1079kb

Exhibits MJF1-MJF3

2040kb

Exhibits MJF4-MJF6

2341kb

Order of Robson J (9 October 2009)

205kb

Originating Process (5 October 2009)

132kb

Release - Almond sale (Court Orders)

86kb

Second Affidavit of Mark Korda (6 October 2009)

314kb

Second Affidavit of Michael Fernon (5 October 2009)

357kb

Service Interlocutory Process (12 October 2009)

450kb

Submissions for Council

1547kb

Third Affidavit Michael Fernon (12 October 2009)

1065kb

Transcript of ex tempore reasons given by Robson

176kb

Second application for direction regarding sale of almond assets

Affidavit of David McEvoy (27 November 2009)

3626kb

Affidavit of Mark Korda (30 November 2009)

1178kb

Affidavit of Michael Fernon171209

28kb

Exhibit MAK-1

1558kb

Exhibit MAK-2

1438kb

Exhibit MAK-3

838kb

Exhibit MAK-4

2621kb

Exhibit MAK-5

1545kb

Exhibit MAK-6

10240kb

Exhibit MAK-7

2761kb

Exhibit MAK-8

120kb

Exhibit MAK-9

218kb

Exhibits DLM-11-12-18

9656kb

Exhibits DLM-1-9

32847kb

General Form of Order (11 December 2009)

241kb

Interlocutory Process (17 December 2009)

64kb

Order of Davies J (11 December 2009)

664kb

Originating Process (27 November 2009)

127kb

Apportionment of the Net Sale Proceeds

Affidavit of Bernard Murphy (18 December 2009)

150kb

Affidavit of Bridgette Toy- Cronin (22 December 2009)

521kb

Affidavit of Christopher Garnaut (22 December 2009)

512kb

Affidavit of Christopher Littley (22 December 2009)

48kb

Affidavit of Kerree Bezencon (16 December 2009)

257kb

Affidavit of Mark Anthony Korda (3 March 2010)

1069kb

Affidavit of Michael Fernon (17 December 2009)

29kb

Affidavit of Ross Whyte McClymont (15 December 2009)

1268kb

Amended Originating Motion (23 December 2009)

211kb

Exhibit MJF-1

50kb

Exhibit MJF-10

1024kb

Exhibit MJF-11

145kb

Exhibit MJF-12

974kb

Exhibit MJF13

79kb

Exhibit MJF14

76kb

Exhibit MJF15

229kb

Exhibit MJF16-2

148kb

Exhibit MJF17-2

59kb

Exhibit MJF18-2

89kb

Exhibit MJF-2

234kb

Exhibit MJF-3

51kb

Exhibit MJF-4

32kb

Exhibit MJF-5

52kb

Exhibit MJF-6

119kb

Exhibit MJF-7

268kb

Exhibit MJF-8

281kb

Exhibit MJF-9

99kb

General Form of Order (22 December 2009)

1008kb

Letter to Timbercorp Securities Ltd (15 December 2009)

43kb

Originating Motion (15 December 2009)

134kb

Outline of submissions for TGG Almond Committee Inc (22 December 2009)

56kb

Second Affidavit of Kerree Bezencon (22 December 2009)

1417kb

Second Affidavit of Michael Fernon (22 December 2009)

187kb

Submission for Timbercorp Growers Group (21 December 2009)

757kb

Summonds (15 December 2009)

151kb

Summons - TGG Almond Committee (17 December 2009)

198kb

Summons (17 December 2009)

39kb

Supplementary Submission for Timbercorp Growers Group (22 December 2009)

93kb

New responsible entity of the Almond Schemes

Affidavit of Anthony Henry May (25 February 2010)

76kb

Affidavit of Mark Anthony Korda (24 February 2010)

1256kb

Exhibit MAK-1 (24 February 2010)

259kb

Exhibit MAK-10 (24 February 2010)

562kb

Exhibit MAK-11 (24 February 2010)

127kb

Exhibit MAK-12 (24 February 2010)

4167kb

Exhibit MAK-13 (24 February 2010)

644kb

Exhibit MAK-14 (24 February 2010)

188kb

Exhibit MAK-15 (24 February 2010)

1965kb

Exhibit MAK-16 (24 February 2010)

536kb

Exhibit MAK-17 (24 February 2010)

2014kb

Exhibit MAK-18 (24 February 2010)

214kb

Exhibit MAK-19 (24 February 2010)

234kb

Exhibit MAK-2 (24 February 2010)

902kb

Exhibit MAK-20 (24 February 2010)

1374kb

Exhibit MAK-21 (24 February 2010)

298kb

Exhibit MAK-22 (24 February 2010)

1671kb

Exhibit MAK-23 (24 February 2010)

972kb

Exhibit MAK-24 (24 February 2010)

2612kb

Exhibit MAK-25 (24 February 2010)

258kb

Exhibit MAK-26 (24 February 2010)

291kb

Exhibit MAK-27 (24 February 2010)

226kb

Exhibit MAK-28 (24 February 2010)

657kb

Exhibit MAK-29 (24 February 2010)

1365kb

Exhibit MAK-3 (24 February 2010)

146kb

Exhibit MAK-30 (24 February 2010)

379kb

Exhibit MAK-31 (24 February 2010)

333kb

Exhibit MAK-32 (24 February 2010)

264kb

Exhibit MAK-33 (24 February 2010)

1609kb

Exhibit MAK-34 (24 February 2010)

325kb

Exhibit MAK-35 (24 February 2010)

1475kb

Exhibit MAK-36 (24 February 2010)

177kb

Exhibit MAK-37 (24 February 2010)

1391kb

Exhibit MAK-38 (24 February 2010)

499kb

Exhibit MAK-4 (24 February 2010)

1935kb

Exhibit MAK-5 (24 February 2010)

2550kb

Exhibit MAK-6 (24 February 2010)

325kb

Exhibit MAK-7 (24 February 2010)

230kb

Exhibit MAK-8 (24 February 2010)

247kb

Exhibit MAK-9 (24 February 2010)

210kb

Originating Process dated (23 February 2010)

207kb

Hearing to challenge the validity of scheme meetings

Affidavit of Antony Munro (9 April 2010)

1604kb

Amended Originating Process dated 7 April 2010 (2)

265kb

Media Releases & Communications

Email to Growers (10 June 2009)

38kb

Email to Growers (22 May 2009)

40kb

Email to Growers (4 June 2009)

41kb

Email to Growers (5 June 2009)

69kb

First Circular to Grower Investors (24 April 2009)

359kb

Media Release (23 April 2009)

27kb

Meetings of Growers of Timbercorp Almond Projects (30 July 2009)

111kb

General Documents

Discussion Paper - Issues for a Prospective RE

122kb

Webcast Facility details

91kb

Scheme Meetings

At the Supreme Court hearing on Tuesday 21 July 2009, Justice Robson directed that the Liquidators were justified in causing TSL to call concurrent meetings for the members of the almond managed investment schemes. The following meeting date has been scheduled:

Date: Friday 31 July 2009
Registration: 9:30am AEDT
Meeting Commences: 10:00am AEDT
Location: Etihad Stadium, Victory Room Level 1, Gate 9, Docklands Melbourne
Webcast: Available from
http://www.brr.com.au/event/59061/excluding-timbercorp-securities-limited-administrators-appointed?popup=true

The meeting is to be chaired by Mr Matt Walsh, Special Counsel for Gadens Lawyers.

Meeting Documents

2001 Almond Scheme - Notice and Proxy

122kb

2002 Almond Scheme - Notice and Proxy

123kb

2003 Almond Scheme - Notice and Proxy

123kb

2004 Almond Scheme - Notice and Proxy

123kb

2005 Almond Scheme - Notice and Proxy

123kb

2006 Almond Scheme - Notice and Proxy

123kb

2007 Almond Scheme - Notice and Proxy

123kb

Almond Schemes Meetings - Align Presentation Slides (31 July 2009)

267kb

Almond Schemes Meetings - Presentation Slides (31 July 2009)

1307kb

Explanatory Statement (opinion of Charles Scerri)

2834kb

Explanatory Statement of Timbercorp Growers Group

22kb

Statement of Results - Almond Schemes Meetings 31 July 2009 signed

113kb

Statement of Results - Almond Schemes Meetings 31 July 2009 unsigned

142kb