Guarantee and Indemnity Regulated by the Code of Banking Practice

WBC.107.001.5105

Westpac Banking Corporation ABN 33 007 457 141

Guarantee and indemnity Regulated by the Code of Banking Practice

Important notice

You need to read this guarantee and indemnity.

• You should seek independent legal and financial advice on the effect of this guarantee and indemnity before you agree to sign it.

• You can refuse to sign this guarantee and indemnity.

• There are financial risks involved in signing this guarantee and indemnity (for example, it may become necessary for you to sell your assets so that you can pay us).

• You have the right to limit your liability under this guarantee and indemnity in accordance with the Code of Banking Practice and as allowed by law.

• You can request information about the transaction or facility to be guaranteed (including any existing facility with us to be refinanced by the new facility).

• This guarantee and indemnity covers liability under a future credit contract to the extent the future credit contract (together with all other existing credit contracts secured by this guarantee and indemnity) is within a limit previously agreed in writing by you.

Key words The meaning of words printed like this and of some other common key words is explained at the end of this guarantee and indemnity.

WBC.107.001.5106

UI Details

Financier Name Westpac Banking Corporation (“we”)

ABN 33 007 457 141

Address 1 King Street Concord West NSW 2138

Guarantor (“you”) Name Jane Smith

ABN

Address 5 Bank St

You must notify us of any change of name

Customer Name(s): ABC Pty Ltd

ACN/ARBN (if corporation): ACN 000 000 000

ABN:

Address: LEVEL 1, 50 MARKET STREET MELBOURNE VIC 3000 You must notify us of any change of name

Limits - special See special conditions attached as Attachment A conditions

Date of guarantee and indemnity

Contents

1 Purpose of this guarantee and indemnity Notices and other communications 6 and extent of your obligations 2 Our certificates 6 2 Guarantee 2 Prompt performance 6 You must take further steps 6 3 Indemnity 2 How we may exercise our rights 6 4 Our costs and other expenses 3 Dealing with rights under this guarantee 5 Interest 3 and indemnity 7 Disclosure of information 7 6 Your own costs and other expenses 3 Consents 7 7 Reinstatement of rights 3 Variation and waiver 7 8 Our rights are protected 4 Trustee provisions 7 9 Your rights are suspended 4 Code of Banking Practice 8 Inconsistent law 8 10 What you acknowledge and declare 5 Applicable law and serving documents 8 11 What happens to money we receive? 5 13 Meaning of words 8 12 General 5

Information 5 Currency conversions 5 Payment in full 6

variation or replacement if it increases the Provisions guaranteed money. You confirm that the guaranteed money 1 Purpose of this guarantee and includes any amount payable under any indemnity and extent of your arrangement with us as varied or replaced. obligations You confirm that this applies regardless of: 1.1 This guarantee and indemnity is entered into (a) how the arrangement with us is varied in consideration of us providing or continuing or replaced; to provide financial accommodation to the (b) the reasons for the variation or customer or not immediately enforcing rights replacement; and against the customer at your request. (c) whether the guaranteed money 1.2 By signing this guarantee and indemnity, you decreases or increases or the could become liable to pay us: arrangement with us is otherwise (a) under the guarantee in clause 2; more onerous as a result of the variation or replacement. (b) under the indemnity in clause 3; This clause does not limit clause 8. (c) costs and other expenses under clause 4; 2.4 Except to the extent you have a right conferred by the Code of Banking Practice, (d) interest under clause 5. you cannot otherwise withdraw from, end or limit this guarantee and indemnity. However, the maximum amount we can recover from you is set out in the special conditions 3 Indemnity attached to this guarantee and indemnity. 3.1 You unconditionally and irrevocably 1.3 You are liable for all the obligations under indemnify us against, and you must this guarantee and indemnity both therefore pay us promptly on demand (or as separately on your own and jointly with any otherwise specified in a special condition) one or more other persons named in this for, liability, direct loss or reasonable costs guarantee and indemnity as guarantor. we suffer or incur: 1.4 This guarantee and indemnity takes effect (a) if the customer does not, is not as a cross-guarantee and cross-indemnity obliged to, or is unable to, pay us the when one or more of the customers are the guaranteed money in accordance with same as one or more of you. In those any arrangement under which it is circumstances it is a separate guarantee expressed to be owing; or and indemnity in relation to each customer (b) if you are not obliged to pay us an as if that person were: amount under clause 2; or (a) the only person included in the (c) if we are obliged, or we agree, to pay definition of “customer”; and an amount to a trustee in bankruptcy (b) excluded from the definition of “you”. or liquidator (or a bankrupt person or insolvent company) in connection with 2 Guarantee a payment by you or the customer. (For example, we may have to, or 2.1 You unconditionally and irrevocably may agree to, pay interest on the guarantee payment to us of the guaranteed amount.); or money. If the customer does not pay the (d) if you default under this guarantee guaranteed money on time and in and indemnity; or accordance with any arrangement under which it is expressed to be owing, then you (e) in connection with any person agree to pay the guaranteed money to us exercising, or not exercising, rights promptly on demand from us or as under this guarantee and indemnity. otherwise specified in any special condition You as principal debtor agree to pay us (whether or not we have made demand on within two business days of demand a sum the customer). equal to the amount of any such liability, loss 2.2 The guarantee in clause 2.1 is a continuing or costs. obligation and extends to all of the 3.2 You must pay us an amount equal to any guaranteed money. liability, loss or reasonable costs of a kind 2.3 You acknowledge that any arrangement with referred to in clauses 3.1(d) and (e) suffered us may be varied or replaced from time to or incurred by any of our employees, time. We will give you notice of any officers, agents, attorneys or contractors.

3.3 The indemnity in clause 3.1 and the other rate used for the purpose of the indemnities in this guarantee and indemnity judgment, order or acceptance of are continuing obligations, independent of proof of debt; and your other obligations under this guarantee (b) the costs of conversion. and indemnity. They continue even after those other obligations end. It is not You acknowledge that it might be necessary necessary for us to incur expense or make to convert the other currency through more payment before enforcing a right of than one currency to determine the indemnity conferred by this guarantee and exchange rate available to us. indemnity. 5 Interest 4 Our costs and other expenses 5.1 You must pay interest on any amount under 4.1 You must pay us for: clauses 3 or 4 which is due for payment. The interest accrues daily from (and (a) our reasonable costs in arranging, including) the due date up to (but excluding) administering (including giving and the date of actual payment and is calculated considering consents, variations, on actual days elapsed and a year of 365 discharges and releases, producing days. You must pay interest owing under title documents or enforcing, this clause 5 promptly on demand from us. attempting to enforce or taking any other action in connection with our 5.2 The rate of interest applying to each daily rights) and terminating this guarantee balance is our unarranged lending rate. and indemnity; and 5.3 Each month (or any other period we (b) all taxes, fees, and charges payable choose), we may add to the amount you in connection with this guarantee and owe us any interest under this clause 5 indemnity and any transaction (such which has not been paid. You will then be as a payment or receipt) under it, and liable for interest under this clause 5 on the any interest, penalties, fines and total amount. expenses in connection with them. 5.4 If any amount you must pay under this 4.2 You must pay these amounts within two guarantee and indemnity becomes covered business days of demand. Unless you have by a court order, you must pay interest on already paid them, you authorise us to debit that amount as a separate obligation. The these amounts to any account you hold with interest accrues from and including the date us. We will notify you if we do this. You we first ask you for the amount until but agree to compensate us promptly on excluding the date that amount is paid. This demand if we determine acting reasonably obligation is not affected by the court order. that, as a direct or indirect result of the The rate is the rate that applies under clause imposition of GST, our costs in connection 5.3 or the rate in the court order (whichever with this guarantee and indemnity are is higher). You must pay interest under this increased. If we: clause 5.4 promptly on demand from us. (a) reasonably decide that we are liable to pay GST on a supply made in 6 Your own costs and other expenses connection with this guarantee and You must pay for anything which you must indemnity; and do under this guarantee and indemnity. (b) certify that we have not priced the supply to include GST, 7 Reinstatement of rights then you agree to pay us an additional Under law relating to insolvency, a person amount equal to the consideration payable may claim that a transaction (including a for the supply multiplied by the prevailing payment) in connection with this guarantee GST rate. and indemnity or the guaranteed money is 4.3 If a judgment, order or proof of debt in void or voidable. If a claim is made and connection with the guaranteed money is upheld, conceded or compromised, then: expressed in a currency other than that in (a) we are immediately entitled, as which the guaranteed money is due, then against you, to the rights in respect of you indemnify us against, and you must the guaranteed money to which we therefore pay us promptly on demand for: were entitled immediately before the (a) any difference arising from converting transaction; and the other currency if the exchange (b) on request from us, you agree to do rate we use for converting the other anything (including signing any currency when we receive a payment document) to restore to us any in the other currency is less favourable to us than the exchange

encumbrance we held from you (b) a judgment or order which we obtain immediately before the transaction. against you in respect of the guaranteed money or any other 8 Our rights are protected amount payable under this guarantee and indemnity. 8.1 Rights given to us under this guarantee and We can still exercise our rights under this indemnity, and your liabilities under it, are guarantee and indemnity as well as under not affected by any act or omission by us or the judgment, order, other guarantee, by anything else that might otherwise affect indemnity, encumbrance or other right or them under law or otherwise, including: remedy. (a) the fact that we vary or replace any 8.3 This guarantee and indemnity binds each arrangement under which the person who signs as guarantor even if guaranteed money is expressed to be another person who was intended to sign owing, such as by adding, replacing does not sign it or is not bound by it. or changing the purpose of a facility, increasing the credit limit or extending the term including in accordance with 9 Your rights are suspended a restructuring or refinancing of the As long as any of the guaranteed money (or guaranteed money; or any other amounts secured by any (b) the fact that we release the customer encumbrance that secures amounts or give them a concession, such as included in the guaranteed money) remains more time to pay; or unpaid, you may not, without our consent: (c) the fact that the customer opens (a) reduce your liability under this another account with us; or guarantee and indemnity by claiming that you or the customer or any other (d) the fact that we release, lose the person has a right of set-off or benefit of or do not obtain any counterclaim against us; or encumbrance; or (b) claim or exercise any legal rights to (e) the fact that we do not register any claim to be entitled to the benefit of encumbrance which could be another guarantee, indemnity or registered; or encumbrance: (f) the fact that we release any person (i) given in connection with the who guarantees any of the customer's guaranteed money or any other obligations; or amount payable under this (g) the fact that the obligations of any guarantee and indemnity. (For person who guarantees any of the example, you may not try to customer's obligations may not be enforce any mortgage we have enforceable; or taken to ensure repayment of the guaranteed money); or (h) the fact that any person who was intended to guarantee any of the (ii) in favour of a person other than customer's obligations does not do so us in connection with any or does not do so effectively; or obligations of, or any other amounts payable by, the (i) the death, mental or physical disability customer to, or for the account or insolvency of any person including of, that other person; or you or the customer; or (c) claim an amount from the customer, (j) changes in the membership, name or or another guarantor of the business of a firm, partnership, customer's obligations (including a committee or association. person who has signed this guarantee This does not apply to actions taken by us and indemnity with you), under a right with the specific and express purpose of of indemnity or contribution; or varying, waiving or terminating your (d) claim an amount in the insolvency of liabilities. the customer or another guarantor of 8.2 This guarantee and indemnity does not the guaranteed money (including a merge with or adversely affect, and is not person who has signed this guarantee adversely affected by, any of the following: and indemnity with you). (a) any other guarantee, indemnity, If we ask, you agree to notify any relevant encumbrance or other right or remedy person of the terms of this clause and other to which we are entitled; or parts of this guarantee and indemnity that may be relevant. You also authorise us to do so at any time without first asking you.

This applies despite anything else in this you except those in which a decision guarantee and indemnity. We will notify you against you would be insignificant. if we exercise this right. 10.3 You must tell us whenever anything This clause continues after this guarantee happens which would mean you could not and indemnity ends. truthfully repeat all the declarations in clause 10.2. Our rights under this clause are to protect our commercial interest under this guarantee and indemnity. 11 What happens to money we receive? 11.1 Subject to clause 11.2, we may use any 10 What you acknowledge and declare money paid by or for the customer towards meeting any part of the guaranteed money 10.1 You acknowledge that you are responsible we choose. We may use any money paid by for making yourself aware of the financial you under this guarantee and indemnity position of the customer and any other towards paying any part we choose of the person who guarantees the guaranteed guaranteed money or any other amount you money. owe us under this guarantee and indemnity. 10.2 You declare that: This applies even if that part or that amount only falls due after we give a notice of (a) neither you, nor, if you are a demand. corporation, any director or other person breaches any material law or 11.2 We may retain any money we receive in any obligation to another person by connection with this guarantee and signing this guarantee and indemnity indemnity for as long as we think and that all necessary authorisations appropriate having regard to the need to to do so have been obtained; and protect our commercial interests under this guarantee and indemnity. We may hold it in (b) to the best of your knowledge your an interest bearing account. We may use it obligations under this guarantee and (and any net interest after tax - including indemnity are valid and binding and income tax) towards paying the guaranteed enforceable in accordance with its money. terms; and 11.3 We must pay any money remaining after the (c) if you are a corporation, you benefit by guaranteed money is paid either to you or to entering into this guarantee and another person entitled to it. We do not pay indemnity; and you interest on any money remaining after (d) all information given by you or on your the guaranteed money is paid. behalf (such as financial statements) 11.4 We only credit payments as soon as is correct and not misleading; and practicable after we receive them. (e) since the date the information was given there has been no change in 12 General your financial circumstances which may have a material adverse effect Information on your ability to meet your 12.1 If we ask acting reasonably, you must supply obligations under this guarantee and us with any information about, or documents indemnity; and affecting, your financial affairs or business, (f) you have not withheld information that such as financial statements. might reasonably be expected to have Currency conversions caused us not to enter into any arrangement with us; and 12.2 You must make each payment in the currency in which it is due. (g) unless otherwise stated in this guarantee and indemnity, you are not 12.3 If we receive an amount in a currency other signing this guarantee and indemnity than that in which it is due: as a trustee of any trust or settlement; and (a) we may convert the amount received into the due currency (to do this it (h) all declarations made by you in each might be necessary to convert other arrangement with us are correct through a third currency) on the day and not misleading; and we reasonably consider appropriate and at prevailing exchange rates. We (i) you have power to carry on your may deduct our usual costs in business and you are not in breach of connection with the conversion; and any material law or obligation; and (b) you satisfy your obligation to pay in (j) there is no pending or threatened the due currency only to the extent of court or other proceeding affecting

the amount of the due currency 12.9 They take effect from the time they are obtained from the conversion after received unless a later time is specified in deducting the costs of the conversion. them. Payment in full 12.10 If they are sent by post, they are taken to be received six business days after the date of 12.4 You must pay us the guaranteed money in posting (or 10 days after posting if sent from full without set-off, counterclaim or one country to another). deduction. 12.11 If they are sent by a fax machine that 12.5 However, we may set off against the produces a transmission report, they are guaranteed money any money we owe you taken to be received at the time shown in a (whether or not due for payment). transmission report that indicates that the 12.6 If a law requires you to deduct an amount in whole fax was sent. respect of taxes from a payment under an Our certificates arrangement with us with the result that we would not actually receive on the due date 12.12 We may give you a certificate about a the full amount provided for under the matter or about an amount payable in arrangement with us, then: connection with this guarantee and indemnity. The certificate is sufficient (a) you agree to deduct the amount for evidence of the matter or amount, unless it the taxes (and any further deduction is proved to be incorrect. applicable to any further payment due under paragraph (c) below); and Prompt performance (b) you agree to pay an amount equal to 12.13 If this guarantee and indemnity specifies the amount deducted to the relevant when you must perform an obligation, you authority in accordance with must perform it by the time specified. You applicable law and give the original must perform all other obligations promptly. receipts to us; and You must take further steps (c) if the amount deducted is in respect of 12.14 You must do anything (such as obtaining accountable taxes, the amount consents, signing and producing payable is increased so that, after documents, and getting documents making the deduction and further completed and signed) which we ask and deductions applicable to additional consider reasonably necessary for the amounts payable under this clause, purposes of: we are entitled to receive (at the time the payment is due) the amount we (a) providing more effective security would have received if no deductions over any property over which we had been required. hold an encumbrance; Notices and other communications (b) ensuring that an encumbrance created under any arrangement 12.7 Notices, certificates, consents, approvals with us is enforceable, perfected and other communications in connection (including, where possible, by with this guarantee and indemnity must be in control in addition to registration) writing. If you are a corporation, and otherwise effective; communications from you must be signed by a director or another person we approve. (c) enabling us to apply for any registration, or give any notification, 12.8 They may be: in connection with an encumbrance (a) given personally (if they are for you so that it has the priority we require; and you are a corporation, to one of (d) enabling us to exercise our rights in your directors; if they are for us, to connection with any arrangement one of our employees at the address with us; stated in the Details or any other address we tell you); or (e) binding you and any other person (b) left at the address last notified; or intended to be bound under any arrangement with us (including this (c) sent by prepaid post to the address guarantee and indemnity); or last notified; or (f) showing whether you are (d) sent by fax to the fax number last complying with any arrangement notified; or with us. (e) given in any other way permitted by How we may exercise our rights law. 12.15 We may exercise a right or remedy or give or refuse our consent in any way we

consider appropriate, including by imposing (b) if we reasonably believe the conditions. disclosure is required by any law, stock exchange or rating agency 12.16 We may claim against you under this (except this paragraph does not guarantee and indemnity before we enforce permit us to disclose any information other rights or remedies: of the kind referred to in section (a) against the customer or any other 275(1) of the PPSA unless section person (including any other person 275(7) of the PPSA applies); or who signs this guarantee and (c) to any person in connection with our indemnity as guarantor); or exercising rights or dealing with rights (b) under another document such as a or obligations (including preparatory guarantee or encumbrance. steps such as negotiating with any potential assignee of our rights or If we have more than one guarantee and other person who is considering indemnity or encumbrance, we may enforce contracting with us in connection with them in any order that we choose. this guarantee and indemnity); or 12.17 If we do not exercise a right or remedy fully (d) to our officers and employees, to or at a given time, then we can still exercise receivers and to legal and other it later. advisers; or 12.18 We are not liable for any loss caused by the (e) to any of our related entities; or exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or (f) if the information is generally and remedy, other than where caused by our publicly available; or fraud, gross negligence or wilful misconduct. (g) to any other debtor/guarantor. 12.19 Our rights and remedies under this Consents guarantee and indemnity: 12.23 You must comply with all conditions in any (a) are in addition to any other rights and consent which we give in connection with remedies provided by law this guarantee and indemnity. independently of this guarantee and indemnity or by any encumbrance Variation and waiver (such as a mortgage); and 12.24 A provision of this guarantee and indemnity, (b) may be exercised even if this involves or right created under it, may not be waived a conflict of duty or we have a or varied except in writing signed by the personal interest in their exercise. party or parties to be bound. 12.20 Our rights and remedies under this Trustee provisions guarantee and indemnity may be exercised by any of our directors, any of our Clauses 12.25 to 12.27 apply if the Details employees whose job title includes the word indicate that you enter into this guarantee and “manager”, “solicitor”, “team leader” or indemnity as trustee of any trust or settlement. “supervisor”, or any other person we

authorise. 12.25 You declare that: Dealing with rights under this guarantee and indemnity (a) this guarantee and indemnity is for the benefit of the trust; 12.21 We may assign or otherwise deal with our rights under this guarantee and indemnity in (b) you are the sole trustee of the trust any way we consider appropriate. If we do (together with anyone else who signs this, you may not claim against any assignee this guarantee and indemnity as (or any other person who has an interest in trustee); this guarantee and indemnity) any right of (c) you have authority to enter into this set-off or other rights you have against us. guarantee and indemnity and comply However, you may not assign or otherwise with its terms; deal with your rights under this guarantee (d) you are not, and never have been, in and indemnity unless we consent. default under the trust deed; Disclosure of information (e) you have the right to be fully 12.22 Information you provide to us may be indemnified out of the trust assets for disclosed: obligations incurred under this guarantee and indemnity and the trust (a) if you consent (you may not property is sufficient to satisfy that unreasonably withhold your consent); right of indemnity and all other or

obligations for which you are entitled other originating process or third or other to be indemnified out of trust property; party notice) by delivering it to, or leaving it at, your address set out in the Details or (f) no action has been taken or proposed such other address as you and we agree at to terminate the trust nor has any any time. This clause does not prevent any event for the vesting of the trust other method of service. If you are property occurred; incorporated in a jurisdiction outside (g) true copies of the trust deed and other Australia, you irrevocably appoint the documents relating to the trust have customer (or the first named customer if been provided to us and disclose all more than one) as your agent to accept the terms of the trust; and service of any process in connection with this guarantee and indemnity. (h) you have not delegated any of your powers as trustee or exercised any power of appointment. 13 Meaning of words You must tell us whenever anything accountable taxes means taxes imposed happens which would mean you could not by a relevant country other than those: truthfully repeat all these declarations. • imposed on, or calculated having 12.26 You must: regard to, our net income, or (a) comply with your obligations as • which would not be required to be trustee of the trust; and deducted by you if we provided you with any of our name, address, (b) ensure that you remain the sole registration number or similar details trustee of the trust (with anyone else or any relevant tax exemption or who signs this guarantee and similar details. indemnity as trustee). 12.27 You must not do anything, or permit arrangement with us means an anything to be done or fail to do anything, arrangement (including an agreement or an which may: encumbrance) under which a debtor/guarantor has or could in the future (a) effect or facilitate the variation of the have obligations to us or any of our related trust deed; entities. (b) resettle, set aside or distribute any of business day means a day we are open in the trust property; or the State or Territory where our address (c) result in the trust property being specified in the Details is situated. It does mixed with other property. not include a public or bank holiday in that State or Territory. Code of Banking Practice controller has the meaning given to it in the 12.28 The relevant provisions of the Code of Corporations Act. Banking Practice apply to this guarantee and indemnity. costs includes charges and expenses; and costs, charges and expenses in connection 12.29 If a provision of this guarantee and with advisers (in the case of legal advisers indemnity contravenes a requirement of that on a full indemnity basis or solicitor and own Code or imposes an obligation or liability client basis, whichever is higher). which is prohibited by that Code, this guarantee and indemnity is to be read as if customer means each person named in the that provision were varied to the extent Details as customer. If there are more than necessary to comply with that Code or, if one, customer means each of them necessary, omitted. separately and every two or more of them jointly. Customer includes their successors Inconsistent law and assigns. 12.30 To the extent permitted by law, this debtor/guarantor means: guarantee and indemnity prevails to the • extent it is inconsistent with any law. the customer; and • Applicable law and serving documents you and any other person who guarantees payment of any part of the 12.31 This guarantee and indemnity is governed guaranteed money; and by the law of the State or Territory where our address specified in the Details is situated. • any other person you and we agree is You and we submit to the non-exclusive to be a “debtor/guarantor” for the jurisdiction of the courts of that place. purpose of this guarantee and indemnity. 12.32 We may serve any document in a court action on you (including a writ of summons,

encumbrance means any: unpaid by reason of the customer’s insolvency. • security interest under the PPSA or security for the payment of money or This definition applies: performance of obligations including a • irrespective of the capacity in which mortgage, charge, lien, pledge, trust, we or the customer became entitled power, or title retention or flawed to the amount concerned; deposit arrangement; or • irrespective of the capacity in which • right, interest or arrangement which we or the customer became liable in has the effect of giving another respect of the amount concerned; person a preference, priority or advantage over creditors including • whether we or the customer are liable any right of set-off; or as principal debtor, as surety, or otherwise; • right that a person (other than the owner) has to remove something from • whether the customer is liable alone, land (known as a profit à prendre), or together with another person; easement, public right of way, • restrictive or positive covenant, lease even if the customer owes an amount or licence to use or occupy; or or obligation to us because it was assigned to us, whether or not: • third party right or interest or any right arising as a consequence of the - the assignment was before, at enforcement of a judgement, the same time as, or after this guarantee or indemnity is or any agreement to create any of them or executed; or allow them to exist. - we or the customer consented GST has the same meaning as in the A New to or were aware of the Tax System (Goods and Services Tax) Act assignment; or 1999 (Cwlth). - the assigned obligation was guaranteed money means all money secured; which: • even if this guarantee and indemnity at any time; was assigned to us, whether or not: for any reason or circumstance in - you consented to or were connection with any agreement (including a aware of the assignment; or loan agreement, guarantee, indemnity, lease or other facility document), transaction, - any of the guaranteed money engagement, document, instrument was previously not guaranteed; (whether or not negotiable), event, act, • if you are a trustee, whether or not omission, matter or thing whatsoever; you have a right of indemnity from the whether arising under law or otherwise trust fund. (including liquidated or unliquidated A person is insolvent if: damages for default or breach of any obligation); • they are (or state that they are) an insolvent under administration or and whether or not of a type within the insolvent (each as defined in the contemplation of you, of us or of the Corporations Act); or customer at the date of this guarantee and indemnity: • they have had a controller appointed, • are in liquidation, in provisional the customer is or may become liquidation, under administration or actually or contingently liable to pay to wound up or have had a receiver or us; or receiver and manager appointed to • we have advanced or paid on the any part of their property; or customer’s behalf or on the • they are subject to any arrangement, customer’s express or implied assignment, moratorium or request; or composition, protected from creditors • we have paid or are liable to pay as a under any statute, or dissolved (in result of the customer’s act or each case, other than to carry out a omission; or reconstruction or amalgamation while solvent on terms approved by us); or • the customer would have been liable to pay to us but the amount remains • an application or order has been made, resolution passed, proposed put forward, or any other action taken,

in each case in connection with them, A reference to: which is preparatory to or could result in any of the things referred to above; a document or agreement includes or any variation or replacement of it; • they are taken (under section 459F of law means common law, principles of the Corporations Act) to have failed to equity, and laws made by parliament comply with a statutory demand; or (and laws made by parliament include State, Territory and Commonwealth • they are the subject of any event laws and regulations and other described in section 459C(2)(b) or instruments under them and section 585 of the Corporations Act consolidations, amendments, re- (or they make a statement from which enactments or replacements of any of we reasonably deduce they are so them); subject); or including or such as, when • they are otherwise unable to pay their introducing an example, does not limit debts when they fall due; or the meaning of the words to which the • something having a substantially example relates to that example or to similar effect to any of the things examples of a similar kind; referred to above happens in payable, in relation to an amount, connection with them under the law of means an amount which is currently any jurisdiction. payable or will or may be payable in PPSA means the Personal Property the future; Securities Act 2009 (Cwlth). person includes an individual, a firm, related entity has the meaning given to it in a body corporate, an unincorporated the Corporations Act. association and an authority; relevant country means any country, or any thing (including the guaranteed political sub-division of one or more money) includes the whole and each countries, or any federation or association of part of it; countries in which you or a debtor/guarantor is either incorporated or is resident or the Corporations Act means the domiciled for any tax purpose or in which Corporations Act 2001 (Cwlth). you or a debtor/guarantor carry on business or own or lease property or from which, or through which, any payment under an arrangement with us is made. taxes means taxes, levies, imposts, charges and duties (including stamp and transaction duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with them, except if imposed on our overall net income. unarranged lending rate means the rate we publish from time to time as our unarranged lending rate, or a name we substitute for that name. You can find out what this rate is at any time by contacting us. we means the person or persons named in the Details as financier. If there are more than one, we means each of them separately and every two or more of them jointly. We includes our successors and assigns. you means each person named in the Details as guarantor. If there are more than one, you means each of them separately and every two or more of them jointly. The singular includes the plural and vice versa.

Signing page

Warning: If the debtor is under 18 years old, the courts might not let you sue the debtor if you have to pay amounts under this guarantee and indemnity (ie you may not be entitled to an indemnity against the debtor)

IMPORTANT BEFORE YOU SIGN THINGS YOU MUST KNOW

∗ READ THIS GUARANTEE AND THE CREDIT ∗ Understand that, by signing this guarantee, you CONTRACT DOCUMENT. may become personally responsible instead of, or as well as, the debtor to pay the amounts which ∗ You should obtain independent legal advice. the debtor owes and the reasonable expenses of the credit provider in enforcing the guarantee. ∗ You should also consider obtaining independent financial advice. ∗ If the debtor does not pay you must pay. This ∗ You should make your own inquiries about the could mean you lose everything you own credit worthiness, financial position and including your home. honesty of the debtor. ∗ You may be able to withdraw from this guarantee or limit your liability. Ask your legal adviser about this before you sign this guarantee.

∗ You are not bound by a change to the credit contract, or by a new credit contract, that increases your liabilities under the guarantee unless you have agreed in writing and have been given written particulars of the change or a copy of the new credit contract document.

EXECUTED as a deed

SIGNED, SEALED AND DELIVERED by ) Jane Smith in the presence of: ) ) ) ...... ) ...... Signature of witness ) Signature of Jane Smith ) ...... ) Name of witness (block letters)

I certify that the Attorney for the Bank, with whom I EXECUTED by am personally acquainted or as to whose identity I ...... as am otherwise satisfied, signed this instrument in my attorney for Westpac Banking Corporation under presence. power of attorney registered Book 4299 No. 332

...... Signature of Witness ...... Signature ...... By executing this instrument the attorney states Name of Witness that the attorney has received no notice of the revocation of the power of attorney......

...... Address of Witness

“A” Special Conditions - Limit

Limited amount 1 The maximum amount we can recover from you under this guarantee and indemnity is: • the amount appearing next to your name below: Jane Smith $ 100,000 plus in the case of each of you, the amounts described below;

• interest on that amount calculated at the highest rate we may charge the customer; plus • all amounts payable by you under clauses 4, 5 or 7; plus • all amounts payable by you for breach of an obligation you owe (other than an obligation to pay money) under this guarantee and indemnity. 2 Special condition 1 does not limit the amount we can claim from you - it just limits the amount we can ultimately recover from you. For example, we might claim more than the maximum amount we can recover if you are bankrupt or being wound up and we want to maximise the distribution we receive from your trustee in bankruptcy or liquidator.