Key Documents

The agreement between James Hardie Industries NV (now James Hardie Industries SE), James Hardie 117 Pty Ltd, the New South Wales Government, Asbestos Injuries Compensation Fund Limited as trustee of the AICF Trust (AICF) is set out in the Amended and Restated Final Funding Agreement dated 21 November 2006. The conformed copy as at 21 November 2006 is available here here (PDF 1 Mb).

The AFFA has been amended since that time, including under a Deed of Amendment dated 19 December 2017 to add a new clause 13.4A. Under this new clause, Section 28iD damages payable under the Victorian Wrongs Act 1958 will not and cannot be paid by AICF and the Liable Entities from 1 January 2018. The Deed of Amendment is available here (PDF 1 Mb).

The most recent conformed copy as at 9 August 2018 incorporating all amendments can be found here here (PDF 10 Mb).

The James Hardie Former Subsidiaries (Winding up and Administration) Act 2005 (NSW) is available on the New South Wales Government legislation web site: www.legislation.nsw.gov.au.

An AICF Loan Facility agreement was entered into on the 9 December 2010 between the State of New South Wales (Lender) and Asbestos Injuries Compensation Fund Limited as trustee of the Charitable Fund (Borrower) and each of ABN 60 Pty Limited, Amaba Pty Limited and Amaca Pty Limited under which the Lender agreed to provide financial accommodation to the Borrower to assist in paying payable liabilities. This document is available here (PDF 6 Mb).

The AICF Loan Facility agreement was amended in accordance with a Deed of Amendment dated 18 September 2015 between the State of New South Wales and Asbestos Injuries Compensation Fund Limited as trustee of the Charitable Fund and each of ABN 60 Pty Limited, Amaba Pty Limited and Amaca Pty Limited. This document is available here (PDF 330 Kb).

The Borrower, ABN 60, Amaba and Amaca have each granted a fixed and floating charge over certain secured property in favour of the the Lender. The Fixed and Floating Charge document is here (PDF 3 Mb).