Exhibit 99.1
company statement
For media enquiries, please call Cameron Hamilton on:
Tel: (02) 8274 5304 or Mob: 0425 344 688.
For analyst enquiries, please call Steve Ashe on:
Tel: (02) 8274 5246; Mob: 0408 164 011.
Update on Implementation
of Final Funding Agreement
James Hardie today provided an update on discussions with the NSW Government and Australian
Taxation Office (ATO) aimed at resolving outstanding matters relating to the Final Funding
Agreement (FFA) signed between James Hardie and the NSW Government in December 2005.
Since the ATOs decision in late June to refuse to endorse the fund established for asbestos
claimants as a charity, James Hardie has been involved in ongoing discussions with the NSW
Government and ATO regarding the tax treatment of the Special Purpose Fund (SPF).
The company is currently in discussions with the NSW Government in relation to potential and
limited amendments to the FFA and related agreements to achieve a satisfactory outcome for all
stakeholders which would enable the substantive obligations agreed in the FFA to be implemented in
full. The company is working in co-operation with the NSW Government and progress is being made
towards achieving such an outcome.
The company has also held meetings with the ATO to seek fresh binding rulings in relation to the
tax treatment of the SPF, once the proposed amendments have been agreed. The ATO has been
co-operative and has indicated it will treat the determination of the tax treatment as a priority.
James Hardie and the NSW Government are devoting significant time and resources towards resolving
these issues and there is goodwill among all stakeholders to removing any remaining barriers to the
implementation of the FFA.
On the assumption that a satisfactory outcome is achieved with the NSW Government and the ATO
confirms the parties understanding of the tax outcomes, the company expects an extraordinary
general meeting of shareholders would be held within 10 weeks of an agreement being reached.
Work to satisfy the other conditions precedent to the FFA is well advanced, including the
preparation of an independent experts report, an Explanatory Memorandum for shareholders,
discussions with lenders and an updated actuarial report by KPMG Actuaries Pty Limited.
James Hardie has received indications that the MRCF currently has sufficient funds to pay asbestos
claims until early 2007. James Hardie has begun investigating options for providing interim
assistance to the MRCF to obtain funding if negotiations with the NSW Government and ATO are more
protracted than is currently expected and, as a result, the existing funding available to the MRCF
is exhausted before the FFA is implemented in full.
END
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Media Enquiries:
Cameron Hamilton
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Telephone:
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61 2 8274 5304 |
Mobile:
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61 425 344 688 |
Email:
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[email protected] |
Facsimile:
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61 2 8274 5218 |
Investor and Analyst Enquiries:
Steve Ashe Vice President Investor Relations
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Telephone: |
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61 2 8274 5246 |
Mobile: |
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61 408 164 011 |
Email: |
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[email protected] |
Facsimile: |
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61 2 8274 5218 |
www.jameshardie.com
Disclaimer
This Company Statement contains forward-looking statements. James Hardie may from time to time
make forward-looking statements in its periodic reports filed with or furnished to the United
States Securities and Exchange Commission on Forms 20-F and 6-K, in the annual reports to
shareholders, in offering circulars and prospectuses, in media releases and other written materials
and in oral statements made by the companys officers, directors or employees to analysts,
institutional investors, representatives of the media and others. Examples of forward-looking
statements include:
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expectations that the conditions precedent to the Final Funding Agreement will be
satisfied; |
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expectations about payments to a special purpose fund for the compensation of proven
asbestos-related personal injury and death claims; |
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expectations concerning the companys Australian Tax Office amended assessment; |
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expectations that the companys credit facilities will be extended or renewed; |
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projections of operating results or financial condition; |
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statements regarding plans, objectives or goals, including those relating to
competition, acquisitions, dispositions and products; |
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statements about future performance; and |
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statements about product or environmental liabilities. |
Words such as believe, anticipate, plan, expect, intend, target, estimate, project,
predict, forecast, guideline, should, aim and similar expressions are intended to
identify forward-looking statements but are not the exclusive means of identifying such statements.
Forward-looking statements involve inherent risks and uncertainties. The company cautions that a
number of important factors could cause actual results to differ materially from the plans,
objectives, expectations, estimates and intentions expressed in such forward-looking statements.
These factors include, but are not limited to, the risk factors discussed under Risk Factors
beginning on page 6 of the Form 20-F filed on 7 July 2005, and: all matters relating to or arising
out of the prior manufacture of products that contained asbestos by current and former James Hardie
subsidiaries; compliance with and changes in tax laws and treatments; competition and product
pricing in the markets in which the company operates; the consequences of product failures or
defects; exposure to environmental, asbestos or other legal proceedings; general economic and
market conditions; the supply and cost of raw materials; the success of research and development
efforts; reliance on a small number of product distributors; compliance with and changes in
environmental and health and safety laws; risks of conducting business internationally; compliance
with and changes in laws and regulations; foreign exchange risks; the successful implementation of
new software systems and the successful implementation of the internal control over financial
reporting requirements of Section 404 of the Sarbanes-Oxley Act of 2002, as codified by Item 308 of
Regulation S-K . The company cautions that the foregoing list of factors is not exclusive and that
other risks and uncertainties may cause actual results to differ materially from those in
forward-looking statements. Forward-looking statements speak only as of the date they are made.
Released by James Hardie Industries NV; ARBN 097 829 895.
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