Timbercorp Forestry Schemes
Company Name
Timbercorp Group of Companies (In Liquidation)
Type of Appointment
Creditors’ Voluntary Liquidation
Date of Appointment
23 Apr 2009
Appointees
Craig Shepard, Leanne Chesser, Mark Korda and Mark Mentha
Former Appointment Details
Liquidation: 29 June 2009
Appointment Contact
Timbercorp Hotline
T: +61 3 8623 3333
Relevant links
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 Forestry 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 Forestry Schemes.
Document downloads
Current Status
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Sale of Assets
Following approval of the sale in the Supreme Court of Victoria, Timbercorp’s Forestry Assets were sold to Australian Bluegum Plantations (“ABP”). On 17 December 2009, Justice Davies of the Supreme Court of Victoria gave orders approving the apportionment of Forestry Sale Proceeds and the allocation of costs between each of the Timbercorp Forestry Projects. Over 200 property leases have been successfully assigned to ABP and the sale proceeds associated with these leases transferred to the grower distribution account.Distribution
In December 2009, the first distribution of sale proceeds of $117m was made to Grower Investors. In March 2010, a second distribution of sale proceeds to Growers of approximately $16 million commenced. This distribution was made up of retention amounts released following the successful assignment of previously unassigned leases. The forestry sale incorporated a purchase price adjustment to the trees of $9 million.In order to receive this purchase price adjustment access to the Albany Port needed to be provided to ABP by 28 February 2010. Due to the Supreme Court of South Australia’s order that Timbercorp sell its share in the Albany Port to ITC the access agreement was not achieved. It is anticipated that the final distribution of Forestry Sale Proceeds to Grower Investors will be made at the conclusion of court proceedings concerning the apportionment of proceeds from the sale of Olive Assets. In May 2010, distributions were made relating to harvest proceeds for the 1997 Eucalypt Projects and 1998 Eucalypt Project (Early Planting). These are the only Eucalypt harvest proceeds to be distributed.
Where Grower Investors have loans outstanding with Timbercorp Finance Pty Ltd (In Liquidation) (‘Timbercorp Finance’), sale and 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.
Distributions
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Distribution Date Distributed Warren Hill Fire Distributions 22 October 2009 First Distribution – Proceeds from Sale of Forestry Assets for Grower Investors without any arrears or loan balance 18 December 2009 Second Distribution – Proceeds from Sale of Forestry Assets for Grower Investors without any arrears or loan balance 31 March 2010 1997 Timbercorp Eucalypt Project Early Single Rotation – Harvest Proceeds 25 May 2010 1997 Timbercorp Eucalypt Project Late Single Rotation – Harvest Proceeds 25 May 2010 1997 Timbercorp Eucalypt Project Late Double Rotation – Harvest Proceeds 25 May 2010 1998 Timbercorp Eucalypt Project Early Single Rotation – Harvest Proceeds 25 May 2010 GST Distribution – GST on proceeds distributed to Grower Investors in the First and Second Distributions of Proceeds from the Sale of Forestry Assets 25 June 2010 -
091218-L-Distribution of Sale Proceeds(Amended)-CRS-HH
379 KB
Register of Growers and Investments
Distribution Dates
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100621-L-Letter to Grower Investors - GST Distribution
97 KB
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100621-L-Letter to Grower Investors - GST Distribution
97 KB
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Frequently Asked Questions - Eucalyptus (Sale and Distributions) 13 April 2010
495 KB
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Letter to Grower Investors in relation to the Sale of the Timbercorp Forestry Assets
250 KB
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Third Forestry Distribution Letter, 02 August 2013
269 KB
Frequently Asked Questions
Tax Determinations
Court Proceedings - VID 497 of 2009 (Leases)
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Affidavit of Alan Fisher (6 July 2009)
39 KB
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Affidavit of Mark Korda - Forestry Schemes (3 July 2009)
437 KB
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Exhibit 1
40 KB
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Exhibit 2
2 MB
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Exhibit 3
10 MB
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Exhibit 4
1 MB
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Exhibit 5
2 MB
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Exhibit 6
10 MB
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Exhibit 7
10 MB
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Exhibit 8
339 KB
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Exhibit 9
144 KB
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Judgment_Finkelstein_J_-_Timbercorp_Leases_(10_July_2009)
550 KB
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VID 497 of 2009 Originating Process (3 July 2009)
114 KB
Court Proceedings - VID 541 of 2009 (Extension Application)
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Affidavit of MAK 26 August 2009
902 KB
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Affidavit of Mark Anthony Korda (23 July 2009)
2 MB
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AMENDED ORIGINATING PROCESS (17 August 2009)
97 KB
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Annexures A and B
4 MB
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Court Order (30 September 2009)
211 KB
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Court Order (7 October 2009)
198 KB
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Exhibit MAK-14
157 KB
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Exhibit MAK-9
138 KB
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Exhibits 27 to 31 for Fourth Affidavit of Mark Anthony Korda
7 MB
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Exhibits MAK-1 to MAK-3
5 MB
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Exhibits MAK-11 to MAK-13
727 KB
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Exhibits MAK-15 to MAK-19 MAk-21 MAK-23
2 MB
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Exhibits MAK-4 and MAK-5
10 MB
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Exhibits MAK-4 and MAK-5
5 MB
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Fourth Affidavit of Mark Korda and Exhibit MAK-26
3 MB
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Judgment of Finkelstein J 18 August 2009
249 KB
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Notice of Motion - 26 August 2009
423 KB
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Notice of Motion
43 KB
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Order of 27 August 2009
439 KB
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Order of Finkelstein J 1 September 2009
229 KB
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Order
362 KB
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Second Affidavit of Mark Anthony Korda
98 KB
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Third Affidavit of Mark Korda (In Reply)
333 KB
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VID 541 of 2009 Originating Process (23 July 2009)
165 KB
Court Proceedings - VID 595 of 2009 (Application for a Power of Sale)
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Affidavit of Mark Mentha (17 August 2009)
80 KB
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Exhibit MAK-13
463 KB
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Exhibits MAK-1 to MAK-4
3 MB
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Exhibits MAK-13 continued-MAK-14-17-18
6 MB
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Mark Korda Affidavit 13 August 2009
624 KB
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Notification of hearing to Grower Investors
69 KB
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Order of Finkelstein J (18 Aug 2009)
197 KB
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Originating Process (13 Aug 2009)
97 KB
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Second Affidavit of Mark Korda 17 August 2009
317 KB
Affidavits in Opposition
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Affidavit of Chris Palmer 30 July 2009
519 KB
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Affidavit of Damon Bryce Seymour and Exhibits 1 to 4
6 MB
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Affidavit of David Butterfield (17 August 2009)
371 KB
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Affidavit of Kent Rochester 31 July 2009
922 KB
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Affidavit of Owen Lennie (15 August 2009)
551 KB
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Exhibits 3 to 14 for Affidavit of Christopher John Palmer
1 MB
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Exhibits 1 and 2 for Affidavit of Christopher John Palmer
2 MB
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Supplementary Affidavit of Damon Bryce Seymour and Exhibits 3A, 4A and 5
4 MB
Application for Relief from Forfeiture - Plantation land limited
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Affidavit of Bryan Webster 22 Sept 09
8 MB
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Affidavit of CM Elliott (22 September 2009)
8 MB
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Affidavit of Darren Shelden (9 October 2009)
62 KB
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Affidavit of Jonathan Ambler (12 October 2009)
24 KB
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Affidavit of Katherine Hill (9 October 2009)
87 KB
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Affidavit of Leon Zwier (1 October 2009)
58 KB
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Affidavit of Lucy Kirwan (9 Oct 2009)
1 MB
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Affidavit of Mark Hamilton Pryn
197 KB
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Affidavit of Mark Korda (19 October 2009)
283 KB
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AFFIDAVIT OF Mark Korda (9 October 2009)
172 KB
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Amended Statement of Claim (12 October 2009)
95 KB
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Amended Statement of Claim (6 October 2009)
330 KB
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Amended Statement of Claim (8 October 2009)
64 KB
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Court Orders (2 October 2009)
22 KB
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Courtesty letter to WSR 131109_part_2
575 KB
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Defence (25 September 2009)
111 KB
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Exhibit BW-1
4 MB
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Exhibit BW-16 to 27
1 MB
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Exhibit BW-2
701 KB
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Exhibit BW-3
47 KB
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Exhibit BW-4
10 MB
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Exhibit BW-5
349 KB
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Exhibit BW-6
6 MB
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Exhibit BW-7
3 MB
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Exhibit BW-8 Part 1
6 MB
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Exhibit BW-8 Part 2
10 MB
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Exhibit BW-8 Part 3
5 MB
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Exhibit BW-8 Part 4
4 MB
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Exhibit BW-8 Part 5
6 MB
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Exhibit BW-8 Part 6
4 MB
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Exhibit BW-8 Part 7
3 MB
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Exhibit BW-8
29 KB
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EXHIBIT KMH-1
1 MB
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EXHIBIT KMH-2
919 KB
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EXHIBIT KMH-3
1 MB
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EXHIBIT KMH-4
905 KB
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EXHIBIT KMH-5
199 KB
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Exhibit LZ-1
198 KB
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Exhibit LZ-2 (cont 1)
3 MB
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Exhibit LZ-2 (cont 2)
3 MB
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Exhibit LZ-2
4 MB
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Exhibit LZ-3
93 KB
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Exhibit LZ-4
3 MB
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Exhibit MAK - 1
76 KB
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Exhibit MAK - 10
171 KB
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Exhibit MAK - 11
1 MB
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Exhibit MAK - 12
1 MB
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Exhibit MAK - 15
4 MB
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Exhibit MAK - 16
1 MB
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Exhibit MAK - 17
133 KB
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Exhibit MAK - 18
166 KB
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Exhibit MAK - 19
934 KB
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Exhibit MAK-2
203 KB
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Exhibit MAK-20
660 KB
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Exhibit MAK-3
839 KB
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Exhibit MAK-4
2 MB
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Exhibit MAK-5
2 MB
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Exhibit MAK-7
460 KB
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Exhibit MAK-8
121 KB
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First Defence Amended Statement of Claim (12 October 2009)
99 KB
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Interlocutory Application (22 September 2009)
170 KB
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Maddocks Letter (18 September 2009)
18 KB
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Memorandum of Proposed Consent Orders (22 September 2009)
62 KB
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Minute of Order (26 October 2009)
18 KB
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Minutes of the Court Order (2 October 2009)
22 KB
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Notice of Address for Service (23 September 2009)
268 KB
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Order to Transfer Action (25 September 2009)
118 KB
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Second Affidavit of Bryan Webster (9 October 2009)
374 KB
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Second Amended Statement of Claim (12 October 2009)
95 KB
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Second amended statement of claim (5 Oct 2009)
94 KB
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Statement of Claim (14 Sept 2009)
4 MB
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Summons (14 September 2009)
210 KB
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Summons for Directions- 11 Sep 2009
36 KB
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Transcript of appeareance before PagoneJ(280909)
76 KB
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Transfer Notice to the Supreme Court of Victoria
41 KB
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Writ (11 September 2009)
2 MB
Application concerning plantation land limited settlement
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Affidavit of Mark Anthony Korda (19 November 2009)
313 KB
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Exhibit MAK-1
595 KB
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Exhibit MAK-10
171 KB
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Exhibit MAK-11
949 KB
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Exhibit MAK-12
52 KB
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Exhibit MAK-2
203 KB
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Exhibit MAK-3
312 KB
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Exhibit MAK-4
2 MB
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Exhibit MAK-5
1 MB
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Exhibit MAK-6
10 MB
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Exhibit MAK-7
460 KB
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Exhibit MAK-8
100 KB
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Exhibit MAK-9
138 KB
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Originating Process (19 November 2009)
86 KB
Application for Relief from Forfeiture - Timbercorp Ltd and Cadogan Estates Australia Pty Ltd
Application concerning sale or recapitalisation process
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Affidavit of Mark Korda 29 Sept 2009
572 KB
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Exhibits MAK 1 2 3 5
4 MB
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Exhibits MAK 10 11 13
3 MB
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Exhibits MAK 6 7 8 9
3 MB
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General Form of Order (29 Sept 2009)
132 KB
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His honour's Reasons Concerning Sale or RecProcess300909
519 KB
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Originating Process - 29 September 2009
109 KB
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Second Affidavit of Mark Korda 30 Sept 2009
98 KB
Apportionment of Forestry Net Sale Proceeds betwen Growers
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Affidavit of Mark Anthony Korda (4 December 2009)
905 KB
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Exhibit - MAK 1
76 KB
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Exhibit - MAK 10
2 MB
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exhibit - MAK 11
1 MB
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Exhibit - MAK 13
105 KB
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Exhibit - MAK 3
839 KB
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Exhibit - MAK 4
3 MB
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Exhibit - MAK 5
112 KB
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Exhibit - MAK 6
10 MB
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Exhibit - MAK 7
3 MB
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Exhibit - MAK 8
121 KB
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Exhibit - MAK 9
218 KB
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Originating Process (4 December 2009)
107 KB
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Second Affidavit of Mark Anthony Korda (10 Dec 2009)
197 KB
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Timbercorp Judgement Davies J171209
1,023 KB
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Affidavit of Mark Anthony Korda (4 December 2009)
905 KB
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Exhibit - MAK 1
76 KB
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Exhibit - MAK 10
2 MB
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Exhibit - MAK 11
1 MB
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Exhibit - MAK 13
105 KB
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Exhibit - MAK 3
839 KB
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Exhibit - MAK 4
3 MB
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Exhibit - MAK 5
112 KB
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Exhibit - MAK 6
10 MB
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Exhibit - MAK 7
3 MB
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Exhibit - MAK 8
121 KB
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Exhibit - MAK 9
218 KB
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Originating Process (4 December 2009)
107 KB
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Second Affidavit of Mark Anthony Korda (10 Dec 2009)
197 KB
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Timbercorp Judgement Davies J171209
1,023 KB
Application concerning Macquarie Bank Settlement
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Affidavit of Antony Munro (17 Feb 2011)
79 KB
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Affidavit of Mark Korda (17 Feb 2011)
253 KB
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ASM-1-21 February 2011
231 KB
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Exhibit MAK-10-180211
42 KB
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Exhibit MAK-1-180211
3 MB
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Exhibit MAK-12-180211
42 KB
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Exhibit MAK-2-180211
212 KB
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Exhibit MAK-3-180211
411 KB
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Exhibit MAK-4-180211
230 KB
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Exhibit MAK-5-180211
486 KB
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Exhibit MAK-6-180211
148 KB
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Exhibit MAK-7-180211
1 MB
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Exhibit MAK-8-180211
637 KB
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Exhibit MAK-9-180211
41 KB
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MAK-11-17 February 2011
299 KB
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Order_of_Justice_Judd_(22_February_2011)
176 KB
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Sealed Originating Process
120 KB
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Second_Affidavit_-ASM_(21_Feb2011)
151 KB
Media Releases
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Email to forestry grower 27 July 2009
97 KB
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Email to Forestry Scheme Growers 16 June 2009
80 KB
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Email to Growers (22 May 2009)
41 KB
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Email to growers 4 June 2009
41 KB
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Email to growers 5 June 2009
69 KB
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First Circular to Grower Investors (27 April 2009)
359 KB
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Media Release (23 April 2009)
28 KB
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Media Release (30 September 2009)
55 KB
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R-Plantation Land Limited Lease Update- 16 Sept 2009
123 KB
General Documents
Grower consultation meetings
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The Liquidators of the Timbercorp Group will hold meetings for forestry scheme growers to consider the future of the forestry schemes. The following meeting date has been scheduled:
Date: Friday 7 August 2009
Registration: 9:00am 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/59044/popup=true
Grower consultation meeting files
Meeting Documents
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Forestry Meeting - Presentation
670 KB
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Independent Accountants Report - Ernst and Young
218 KB
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Names fo Timbercorp Forestry Schemes and Projects
108 KB
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Statement of Results - Forestry Growers' Consultation Meetings 7 August 2009 (Signed)
153 KB
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StatementofResults-ForestryGrowersConsultationMeetings7August2009Unsigned
160 KB
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Timbercorp Forestry grower consultation mtgs webcast facility
62 KB
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Timbercorp forestry projects - cash flow analysis
221 KB
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Timbercorp Forestry Schemes - Notice and Proxy
63 KB
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Timbercorp Independent Forestry Experts Report - URS
93 KB




