Exhibit 99.1
COMPANY STATEMENT
8 August 2008
For analyst and media enquiries please
call Russell Chenu on: (02) 8274 5239
2002 Tax Audit
Reinstatement of James Hardie Australia
Finance Limited
James Hardie announced on 18 June 2008 that the Australian Taxation Office (ATO) had commenced
proceedings in the Federal Court of Australia seeking the reinstatement of James Hardie Australia
Finance Limited (JHAF). JHAF is a former subsidiary of the group that was deregistered on 23
August 2005 following a members voluntary winding up.
James Hardie now advises that judgment in respect of the ATOs application was delivered by the
Federal Court today and that orders were made providing for the reinstatement of JHAF to the
register of companies and appointing Max Donnelly of Ferrier Hodgson as the new liquidator of JHAF.
The sole member of JHAF, James Hardie International Finance BV, neither consented to nor opposed
the ATOs application before the Court.
Background from 18 June announcement
James Hardie understands that the reinstatement of JHAF is a necessary pre-requisite to the ATO
issuing an amended assessment in respect of one of the issues that has been the focus of the ATOs
enquiries during the 2002 tax audit. The ATO has taken the action to reinstate JHAF
notwithstanding continuing settlement discussions.
The company understands that it is the view of the ATO that the primary tax due in respect of JHAF
is A$101.5 million. Any assessment could also be expected to include penalties estimated at A$50.8
million and general interest charges estimated at A$88 million.
Ends
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Exhibit 99.1
Media/Analyst Enquiries:
Russell Chenu
Chief Financial Officer
Disclaimer
This company statement contains forward-looking statements. We may from time to time make
forward-looking statements in our periodic reports filed with or furnished to the United States
Securities and Exchange Commission (which we refer to as the SEC), on Forms 20-F and 6-K, in our
annual reports to shareholders, in offering circulars, invitation memoranda and prospectuses, in
media releases and other written materials and in oral statements made by our officers, directors
or employees to analysts, institutional investors, lenders and potential lenders, representatives
of the media and others. Examples of forward-looking statements include:
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expectations about the timing and amount of payments to the AICF, a special purpose fund
for the compensation of proven Australian asbestos-related personal injury and death claims; |
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statements regarding tax liabilities and related audits and proceedings; |
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statements as to the possible consequences of proceedings brought against us and certain of
our former directors and officers by the ASIC; |
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expectations concerning indemnification obligations; |
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expectations concerning the costs associated with the suspension of operations at our
Blandon, Pennsylvania and Plant City, Florida plants; |
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expectations that our credit facilities will be extended or renewed; |
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expectations concerning dividend payments; |
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projections of our results of operations or financial condition; |
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statements regarding our plans, objectives or goals, including those relating to
competition, acquisitions, dispositions and our products; |
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statements about our 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. We caution 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,
some of which are discussed under Key Information Risk Factors beginning on page 6 of our Form
20-F filed on 8 July 2008 with the SEC, include, but are not limited to: all matters relating to or
arising out of the prior manufacture of products that contained asbestos by current and former
James Hardie Group subsidiaries; required contributions to the AICF and the effect of foreign
exchange rates on the amount recorded in our financial statements as an asbestos liability;
compliance with and changes in tax laws and treatments; competition and product pricing in the
markets in which we operate; 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 our research and development efforts; our reliance
on a small number of customers; risks of conducting business internationally; 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; and
the effect of natural disasters and changes in our key management personnel. We caution 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.
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