Business Context and Reporting Period
Company: James Hardie Industries N.V.
Filing Type: Form 6-K (Report of Foreign Private Issuer)
Date: December 12, 2008
Context: This filing serves to incorporate by reference a press release regarding the settlement of an audit dispute between James Hardie and the Australian Taxation Office (ATO).
Key Financial Metrics
The provided filing text does not contain specific financial data such as revenue, profit, cash flow, margins, debt, or liquidity figures. The document is a procedural filing referencing an external exhibit (Exhibit 99.1) rather than a financial report.
Material Changes
Audit Dispute Resolution: The primary material event disclosed is the settlement of an audit dispute with the Australian Taxation Office (ATO). The filing confirms the resolution but does not detail the specific financial terms or amounts involved in the settlement within the text provided.
Guidance, Outlook, and Risks
Forward-Looking Statements: The filing includes a comprehensive Safe Harbor Statement identifying various risks that could cause actual results to differ from expectations. Key risk factors highlighted include:
- Liabilities related to the Asbestos Injuries Compensation Fund (AICF) and foreign exchange impacts on asbestos liabilities.
- Tax liabilities, audits, and proceedings.
- Legal proceedings involving the Australian Securities and Investments Commission.
- Indemnification obligations and costs associated with plant suspensions or closures.
- Credit facility renewals and dividend payment expectations.
- General economic conditions, raw material costs, and environmental liabilities.
Investor Verification Checklist
- Review Exhibit 99.1 (not included in this text) for specific financial terms of the ATO audit settlement.
- Verify the impact of the ATO settlement on current and future tax liabilities.
- Monitor updates regarding the Asbestos Injuries Compensation Fund (AICF) contribution requirements.
- Assess the status of ongoing legal proceedings with the Australian Securities and Investments Commission.