The Panel, John Fast (sitting President), Rod Halstead and Mike Roche declined to conduct proceedings on an application by Australian Foundation Investment Company Ltd in relation to the affairs of Hastings Diversified Utilities Fund (HDF). The application concerned whether an evaluation of the internalisation of management of HDF was required for unit holders to be properly informed about whether to accept an offer by Pipeline Partners Australia Pty Ltd (PPA). HDF is the subject of two competing bids. The Panel considered that, as the target’s statement and independent expert’s report for the PPA bid had not yet been released, there was insufficient material on which to determine that the information for unit holders will be deficient. Accordingly the Panel considered that there was no reasonable prospect that it would declare the circumstances unacceptable.