Document ID: chunk:federal_register_of_legislation:F2005L00415:body:0:p4
Version: federal_register_of_legislation:F2005L00415
Segment Type: other
Provision Reference: 
Character Range: 7778–10573

The Trustee's determination (or the determination of any other person referred to in Clause 5 of this Deed) of any calculation required under this Guarantee, or which may be done for the purposes of this Guarantee (including, without limitation, the quantification of the amount of any liability) is, in the absence of manifest error, conclusive evidence of that matter or thing.

     Interest on money due

    7. The Guarantor shall pay interest on money payable but unpaid under clause 5 of this Deed, until the date of payment, at the rate of interest specified from time to time to be payable in respect of unpaid judgments in the rules of the Supreme Court of the State or Territory in which the registered office of the Guarantor is situated.

     Guarantor's obligations not to be prejudiced or diminished by certain matters

    8. The Guarantor's obligations under this Deed are absolute and unconditional in any and all circumstances, and shall not be prejudiced, released, discharged, reduced or otherwise affected by anything (whether done by or on behalf of, or occurring with or without the consent of or notice to, the Guarantor, the Trustee, any beneficiary or any other person) including:

       (a) any variation or novation of any agreement or arrangement between the Trustee and any other person;

       (b) any act or omission by a beneficiary or any other person which prejudices, releases, waives, varies or delays its rights in respect of the Trustee or any security;

       (c) any security becoming void, unenforceable or diminished;

       (d) the principal contract between the Trustee and the Guarantor being illegal or void or becoming wholly or partially voidable or otherwise unenforceable;

       (e) any beneficiary or other person becoming a party to or bound by a compromise, assignment, scheme of arrangement or reconstruction in relation to any superannuation entity of which the Trustee is trustee, or accepting any sum of money in relation thereto;

       (f) any failure by any person to make any claim or exercise any of its rights in relation to the Trustee, the Guarantor or a security (whether such rights arise under this Deed or otherwise), and any delay or forbearance by any beneficiary in relation to the exercise of such rights;

       (g) the revocation, cancellation or variation under the Act of the RSE licence held by the Trustee;

       (h) the breach by the Trustee of any condition of the RSE licence held by the Trustee;

       (i) the appointment of an investigator, an acting trustee, or other trustee in place of the Trustee pursuant to the general law or the provisions of any law of the Commonwealth or of any State or Territory;

       (j) the appointment of any receiver, or receiver and manager or administrator or