BlackWall Property Trust
Annual Report 2012

Plain-text annual report

ASX Release  P‐REIT (PXT)  30 June 2012 – Full Year Result  31 August 2012  Attached to this ASX Release are the financial statements for the full year to 30 June 2012  along with the Appendix 4E. P‐REIT incurred a loss of  $15.5 million and net assets are now  22  cents  per  unit.  The  loss  and  decline  in  net  assets  are  caused  by  the  Trust  making  a  provision of  $19 million with respect to the adverse judgment of the NSW Supreme Court  (Judgment) disclosed to the market on 10 August 2012.   The  Judgment  relates  to  court  proceedings  commenced  by  the  MacarthurCook  Property  Securities Fund (ASX Code: MPS) and involves claims in relation to three contracts under  which MPS invested $15 million in the Trust in late 2007, that is, before BlackWall began  managing the Trust. BlackWall disputes those claims and will be lodging an appeal. More  details  on  these  proceedings  and  the  effect  of  the  provisions  are  set  out  in  the  financial  statements following.   Excluding  the  provision  for  the  Judgment,  the  operating  profit  would  have  been  $3.5  million and net assets per unit 31 cents.   Between  30  June  2011  and  the  date  of  this  announcement  interest  bearing  debt  has  reduced  from  $57.9  million  to  $54.5  million  giving  rise  to  a  loan  to  value  ratio  of  45%  (against  total  assets)  and  67%  against  direct  real  estate.  The  Trust  intends  to  make  a  further debt repayment of $600,000 on 7 September 2012.  Distributions  The  MPS  proceedings  were  before  the  court  again  today  to  determine  the  status  of  the  Judgment  pending  the  intended  appeal.  By  consent  the  court  has  ordered  that,  subject  to  TFML giving a number of undertakings the Judgment will be stayed. This means that MPS  cannot take steps to enforce the Judgment debt. The stay will be reviewed before the court  on 19 October 2012. In negotiating the stay TFML has agreed to a number of undertakings  with  respect  to  the  assets  of  the  Trust  and  the  use  of  its  funds  pending  the  appeal.  In  summary  the  undertakings  will  have  the  effect  that  surplus  cash  flow  must  be  applied  to  reducing bank debt. In addition, the Trust cannot make income or capital distributions to  its unitholders.   It  is  expected  that  these  undertakings  will  continue  until  the  outcome  of  the  appeal  is  known and as a consequence the Trust will not be in a position to pay distributions until  that time.   l y n o e s u l a n o s r e p r o F Stuart Brown  Chief Executive Officer  TFML LIMITED ACN 079 608 825  Level 1, 50 Yeo Street, Neutral Bay, Sydney NSW 2089 Australia | PO Box 612, Neutral Bay, Sydney  NSW 2089 Australia | Tel +61 2 9033 8611 | Fax +61 2 9033 8600 | www.blackwallfunds.com.au                                 Managed By Consolidated Annual Financial Statements Year Ended 30 June 2012 P-REIT CONTENTS Financial Statements Directors’ Report Auditor’s Independence Declaration Corporate Governance ASX Additional Information Trust Details Consolidated Statement of Comprehensive Income Consolidated Statement of Financial Position Consolidated Statement of Changes in Net Assets Attributable to Unitholders Consolidated Statement of Cash Flows Notes to the Consolidated Financial Statements Directors’ Declaration Independent Auditor’s Report 2 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 Page 3 Page 9 Page 10 Page 18 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 49 Page 50 2 P-REIT Directors’ Report On 9 May 2012 a meeting of P-REIT (“P-REIT” or “the Trust”) members approved resolutions to move the responsible entity duties from the Trust’s original responsible entity RFML Limited (“RFML”) (now called Zhaofeng Funds Management Limited (“Zhaofeng”)) to TFML Limited (“the Responsible Entity” or “TFML”). The Directors present their report for the year ended 30 June 2012. Principal Activities and Review of Operations The Trust is a registered managed investment scheme incorporated and domiciled in Australia. The principal activity of the Trust and its controlled entity during the financial year was investing in income-producing real estate and real estate interests. There were no significant changes in the principal activity during the financial year, however, as disclosed in the ASX release accompanying these financial statements the Trust is subject to a significant judgment relating to court proceedings initiated by a listed trust known as MacarthurCook Property Securities Fund (“MPS”). MPS invested in the Trust prior to BlackWall acquiring control of the Trust. The proceedings relate to contracts with respect to MPS’s investment which were not disclosed to other unitholders at the time. The case was heard before Justice Hammerschlag in the Supreme Court of NSW Equity Division in early July 2012. On 10 August 2012 Justice Hammerschlag handed down a judgment (“Judgment”) in favour of MPS. The Judgment is for $17,764,204 including Judgment court interest (to the date of Judgment) but excluding costs. The responsible entity has estimated costs to be in the order of $1.2 million bringing the total provision for the Judgment to $19,000,000. The Judgment amount has been recognised as an expense in these financial statements. With this adjustment the net result for the Trust for the financial year ended 30 June 2012 was a loss of $15,526,000 (2011: profit of $1,596,000) Refer to the ASX announcement made on 10 August 2012 for details of the Judgment. Further details on the litigation expenses are included in Note 16. The Responsible Entity has sought further legal advice since the Judgment and has determined that it will lodge an appeal. Subject to court time tabling and work loads the appeal process is expected to take at least six months. Significant Changes in Affairs The Trust was listed on the Australian Securities Exchange (ASX) on 28 October 2011. Distributions There were no distributions paid or declared for the year ended 30 June 2012 (2011: $nil). Events Subsequent to Reporting Date and Likely Developments On 9 July 2012 $1.08 million of borrowings was repaid to the Trust’s lender (refer to Note 14). Other than the other matters referred to in these financial statements, to the best knowledge of the Directors, there have been no other matters or circumstances that have arisen since the end of the year that have materially affected or may materially affect the Trust’s operations in future financial years, the results of those operations or the Trust’s state of affairs in future financial years. 3 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 3 P-REIT Directors’ Report (continued) Going Concern In assessing if it is appropriate to prepare these financial statements on a going concern basis the Directors have considered the following factors: 1. The Trust borrowings of $55,580,000 (at 30 June, now $54,500,000) is classified as a current liability as it has a term to maturity of less than 12 months, it is outside of its loan to value ratio covenant (direct property to debt – currently 67% against a covenant of 65%) and the Judgment disclosed above constitutes a review event or breach under the facility; 2. The Judgment gives rise to a current liability of $19,000,000; 3. The Judgment gives rise to a litigation expense which generates a loss of $15,526,000 (a $3.5 million profit if the Judgment is not brought to account); 4. The Trust has non-current assets of $119.7 million ($81.4 million direct property and $37.5 million property securities); 5. The Trust’s direct property portfolio has no material vacancies or bad debts; and 6. Pending the determination of the appeal it is likely that the court or MPS will not consent to the Trust paying distributions to its members. As a consequence all free cashflow will be applied to debt amortisation. The Trust has over $121 million of gross assets to satisfy total liabilities of $76 million (including the Judgment). As a consequence the Directors have concluded that it is reasonable to assume that: 1. The Trust's borrowings will either be extended by the current lender or can be refinanced; and 2. If the Trust is unsuccessful in its appeal (and any subsequent appeals to higher appellant courts) the Trust can sell assets to fund the Judgment debt. The Directors have therefore taken the view that it is appropriate to prepare these financial statements on a going concern basis. Information on Directors of the Responsible Entity The names of the Directors of the Responsible Entity (Zhaofeng then TFML) in office at any time during or since the end of the year are set out below. Unless otherwise stated, Directors have been in office since the beginning of the financial year to the date of these financial statements. Name Richard Hill Position Non-Executive Director and Chairman TFML Special Experience Richard Hill has extensive investment banking experience and was the founding partner of the corporate advisory firm Hill Young & Associates. Richard has invested in BlackWall’s projects since the early 1990’s. Prior to forming Hill Young, Richard held a number of Senior Executive positions in Hong Kong and New York with Hong Kong & Shanghai Banking Corporation (HSBC). He was admitted as an attorney in New York State and was registered by the US Securities & Exchange Commission and the Ontario Securities Commission. He is the Chairman of Calliden Group Limited and Sirtex Medical Limited and a Director of Biota Holdings Limited (all listed on the ASX). In addition Richard is Chairman of the Westmead Millennium Institute for Medical Research. Previously, Richard was an Independent Non- Executive Director of formerly ASX listed Pelorus Property Group. He is now a Chairman of the ASX listed company, BlackWall Property Funds Limited. 4 4 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT Directors’ Report (continued) Information on Directors of the Responsible Entity (continued) Joseph (Seph) Glew Robin Tedder Stuart Brown Seph has worked in the commercial property industry in New Zealand, the USA and Australia. Seph has driven large scale property development and financial structuring for real estate for over 30 years. In addition, since the early 1990’s Seph has run many “turn-around” processes in relation to distressed properties and property structures for both private and institutional property owners. While working for the Housing Corporation of New Zealand and then AMP, Seph qualified as a registered valuer and holds a Bachelor of Commerce. In the 1980’s he served as an Executive Director with New Zealand based property group Chase Corporation and as a Non-Executive director with a number of other listed companies in New Zealand and Australia. Seph was Chairman of formerly ASX listed Pelorus Property Group and he is now the Executive Chairman of Pelorus Private Equity Limited and a Director of the ASX listed company, BlackWall Property Funds Limited. Robin has over 35 years’ experience in investment and financial markets. He has been an investor in BlackWall’s projects since 1997. Robin manages private equity interests and is the Chairman of Vintage Capital Pty Ltd. He is a former member of the ASX and has served on the boards of several merchant banks in Australia and overseas, including Rand Merchant Bank Ltd, Kleinwort Benson Australia Ltd and Australian Gilt Securities Ltd (as CEO from 1988 to 1995). He is a Director of Italtile Australia Pty Ltd (a national retailer under the CTM brand, and developer of bulky goods stores), Chairman of Apollo Health Management and Australian Ambassador for Singularity University (sponsored by NASA and Google) of Mountain View California. Robin is also a Fellow of the Financial Services Institute of Australasia. Previously, Robin was a Director of formerly ASX listed Pelorus Property Group and he is now a Non-Executive director of Pelorus Private Equity Limited and a Non-Executive director of the ASX listed company, BlackWall Property Funds Limited. Stuart has been involved in property investment for over 15 years across funds management, property services and finance. In 2006 he was appointed Chief Operating Officer and Chief Financial Officer of the then ASX listed Pelorus Property Group and later Managing Director. Stuart has run debt and equity raising in relation to listed and unlisted real estate structures with assets valued at over a half a billion dollars. In his earlier career, Stuart practised as a solicitor in the areas of real estate, mergers and acquisitions and corporate advisory with Mallesons and Gilbert + Tobin. Stuart is also a Director of the unlisted public company, Pelorus Private Equity Limited and the ASX listed company, BlackWall Property Funds Limited. Non-Executive Director TFML and Zhaofeng Non-Executive Director TFML Executive Director and Chief Executive Officer TFML and Zhaofeng P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 5 5 P-REIT Directors’ Report (continued) Information on Directors of the Responsible Entity (continued) Tim Brown (only relevant for Zhaofeng Funds Management Limited) Tim is the Chief Financial Officer for BlackWall and its funds. Tim is responsible for all aspects of these entities’ financial reporting, debt management and accounting operations. Tim joined the formerly listed Pelorus Property Group Limited in 2008 as Group Financial Controller and became Chief Financial Officer in 2009. Non-Executive Director Zhaofeng Chief Financial Officer TFML and Zhaofeng He has a Bachelor of Commerce from the University of New South Wales, is a member of the Institute of Chartered Accountants of Australia and has a Graduate Diploma from the Financial Services Institute of Australasia. He started his career with Deloitte in their middle market audit division working on a wide variety of SMEs. In 2002 he joined Lend Lease Corporation and held a number of finance roles across the Lend financial Lease portfolio management including Treasury Manager for Lend Lease's European operations based in London. from development and retail treasury, to corporate Company Secretary Don Bayly is the Company Secretary. He has a Bachelor of Commerce and Administration degree from Victoria University. Don has over 20 years’ compliance management experience. The Board has looked to achieve a board membership that includes a mix of skills, experience and technical expertise that is best suited to the business. Meeting Attendances Attendance at the Responsible Entity’s Board meetings held during the financial year is detailed below: Director Meetings Held Richard Hill Seph Glew Robin Tedder Stuart Brown Tim Brown Directors’ Relevant Interests Zhaofeng TFML 3 1 n/a 1 3 1 n/a 1 3 1 3 n/a As at the date of this report the Directors’ relevant interests in units or options in the Trust are: Director Richard Hill Seph Glew Robin Tedder Stuart Brown Options Units (No.) - 52,150,000 4,481,765 853,650 Units (%) - 25.13 2.16 0.41 Shares (%) There were no options granted during the year ended 30 June 2012. 6 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 6 P-REIT Directors’ Report (continued) Remuneration Report (Audited) There was no remuneration paid from the Trust to the Directors of the Responsible Entity and its key management personnel. Custodian Remuneration The Custodian is The Trust Company Limited. The custody fee is calculated at the greater of $15,000 p.a. or 0.025% p.a. of the gross asset value of the Trust, plus GST. In addition, the Custodian is entitled to be paid any out-of-pocket expenses incurred in the performance of its duties. Refer to Note 25 for details. Responsible Entity Remuneration In accordance with the terms of the Trust Constitution and the product disclosure statement, the Responsible Entity is entitled to receive a management fee based on 0.65% p.a. of the gross asset value of the Trust. Refer to Note 25 for total remuneration paid to the Responsible Entity. Interests in the Fund The number of units on issue at 30 June 2012 was 207,524,039. There were no additional issues or redemptions of units during the financial year. TFML Limited, the Responsible Entity of the Trust, holds 5,000,000 units in the Trust. Environmental Regulation and Performance The Trust and its controlled entity’s operations are not regulated by any significant environmental law or regulation under either Commonwealth or State legislation. However, the Responsible Entity believes that the Trust and its controlled entity have adequate systems in place for the management of its environmental requirements and is not aware of any instances of non-compliance of those environmental requirements as they apply to the Trust. Measurable Objectives For Achieving Gender Diversity While the Responsible Entity is committed to employing people on best fit for the job based on ability, performance and potential, our goal is to build a workforce that reflects the diversity of the communities in which we operate. This means creating a work environment where employee differences such as gender, age, culture, disability and lifestyle choice are valued. The objective is therefore one of a 50/50 gender split and is reflected as follows: Board Executive Management Other Female (No. of people) 0 3 6 Female (%) Male (No. of people) 4 3 5 0 50 55 Male (%) 100 50 45 Proceedings On Behalf of The Trust See commentary earlier in these financial statements and Note 16. 7 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 7 P-REIT Directors’ Report (continued) Indemnities of Officers During the financial period the Responsible Entity has paid premiums to insure each of the Directors named in this report along with Officers of the Responsible Entity against all liabilities for costs and expenses incurred by them in defending any legal proceedings arising out of their conduct while acting in the capacity of Director or Officer of the Responsible Entity, other than conduct involving a willful breach of duty. The insurance policy prohibits disclosure of the nature of the liability, the amount of the premium and the limit of liability. No indemnities have been given or insurance premiums paid, during or since the end of the financial year, for any person who is or has been an auditor to the Trust. Non-audit Services Amounts paid to the auditor for non-audit services during the year are detailed at Note 19 of the financial statements. The Directors are satisfied that the provision of non-audit services is compatible with the general standard of independence for auditors imposed by the Corporations Act 2001. The nature and scope of each type of non-audit service provided means that auditor independence was not compromised. Auditor’s Independence Declaration A copy of the auditor’s independence declaration as required under Section 307C of the Corporations Act 2001 is set out in these financial statements. Auditor ESV Chartered Accountants continues in office in accordance with section 327 of the Corporations Act 2001. Rounding of Amounts The Trust is a group of the kind referred to in ASIC Class Order 98/0100, dated 10 July 1998, and in accordance with that Class Order, amounts in the Directors’ Report and the financial statements are rounded off to the nearest thousand dollars, unless otherwise indicated. Signed in accordance with a resolution of the Board of Directors. Stuart Brown Director Sydney, 30 August 2012 8 8 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 Directors’ Report (continued) P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 9 P-REIT Corporate Governance The Board of Directors of TFML Limited as Responsible Entity for P-REIT (an open ended unit trust) is responsible for the corporate governance practices that provide an appropriate framework for managing the Trust for the benefit of unitholders. Good corporate governance is a fundamental part of the culture and business practices of TFML. The Board has adopted comprehensive systems of control and accountability as the basis for administration of corporate governance. The Board is committed to administering the policies and procedures with openness and integrity, pursuing the true spirit of corporate governance commensurate with TFML’s needs. To the extent they are applicable and appropriate for a company of TFML’s size and nature, TFML has adopted the ASX Corporate Governance Council’s “Corporate Governance Principles and Recommendations Second Edition” and “Summary Table of the 30 June 2010 Changes to Second Edition of the Corporate Governance Principles and Recommendations”. Recommendation Principle No Principle 1: Lay solid foundations for management and oversight 1.1 Compliance Establish the functions reserved to the Board and those delegated to Senior Executives and disclose those functions. Entity The Responsible Entity has appointed Compliance a Committee but for the purposes of corporate governance has largely adopted BlackWall’s policies and procedures. The Responsible and BlackWall operate with a flat management structure. The Chief Executive Officer and Chief Financial Officer are the day-to-day involved operations of the business. Decisions at the Board level and the assessment of executive performance are based on reports received from the Chief Executive Officer the consideration of issues by Executive and Non-Executive Directors at Board meetings. and in 1.2 Disclose the process for evaluating the performance of Senior Executives. of The Responsible Entity does not directly employ executives or staff. The Board of TFML and the BlackWall Remuneration Committee (or full Board in absence Remuneration Committee) will oversee the performance evaluation of the executive team. This will be criteria, specific based on business the including performance of TFML and the Trust, strategic objectives are being achieved and of management and personnel. Performance reviews of Senior Executives have taken place development whether the 10 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 Reason for Non-compliance Comply. Comply. 10 P-REIT Principle No Recommendation Compliance Reason for Non-compliance during the reporting period and they were in accordance with the process above. 1.3 Provide the information The Board Charter can be Comply. indicated in the Guide to accessed from BlackWall’s reporting on Principle 1. website. Principle 2: Structure the Board to add value 2.1 A majority of the Board The Board has considered the The Directors monitor the should be Independent guidance to Principle 2: Directors. Structure the Board to Add Value and in particular, Box 2.1, which contains a “relationships independent status”. list of affecting Currently TFML Limited has one Independent Director, Mr Richard Hill, who is also the Chairman, and three Non- Independent Directors, Mr Brown, who acts in an executive capacity, and Mr Glew and Mr Tedder who act in a Non- Executive capacity. business affairs of the Responsible Entity on behalf of the unitholders of the Trust with a specific focus on the profitability of business activities and the efficiency of its managers. In keeping with consideration, this Board positions are held by a majority of members who are significant unitholders. The Responsible Entity has not therefore adopted recommendations 2.1 and 2.2 of the ASX Corporate Governance Council. The Board’s primary focus is on driving returns to unitholders by growing Net Tangible Assets and earnings per unit over the long term. The Board considers risk management and the ethical conduct of business. The Board is structured with a combination of skills and experiences. The Board members’ skills and experience are consistent with the business operations that the Responsible Entity undertakes including: (cid:120) Structured finance and fund management (cid:120) Property management 11 P-REIT Corporate Governance (continued) Principle No Recommendation Compliance during the reporting period and they were in accordance with the process above. Reason for Non-compliance 1.3 Provide the information indicated in the Guide to reporting on Principle 1. The Board Charter can be accessed BlackWall’s website. from Comply. Principle 2: Structure the Board to add value 2.1 A majority of the Board should be Independent Directors. to Principle The Board has considered the 2: guidance Structure the Board to Add Value and in particular, Box 2.1, list of which “relationships affecting independent status”. contains a Currently TFML Limited has one Independent Director, Mr Richard Hill, who is also the Chairman, and three Non- Independent Directors, Mr Brown, who acts in an executive capacity, and Mr Glew and Mr Tedder who act in a Non- Executive capacity. affairs of The Directors monitor the the business Responsible Entity on behalf of the unitholders of the Trust with a specific focus on of the profitability business activities and the efficiency of its managers. In keeping this consideration, Board positions are held by a majority of members who are significant unitholders. The Responsible Entity has adopted not recommendations 2.1 and 2.2 of the ASX Corporate Governance Council. therefore with Assets driving returns The Board’s primary focus is on to unitholders by growing Net and Tangible earnings per unit over the long term. The Board considers risk management and the ethical conduct of business. The Board is structured with a combination of skills and The Board experiences. members’ and skills experience are consistent with the business operations that the Responsible Entity undertakes including: (cid:120) Structured finance and fund management (cid:120) Property management 11 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 11 P-REIT Corporate Governance (continued) Principle No Recommendation Compliance Reason for Non-compliance and leasing (cid:120) Property development. The Board considers risk management and the ethical conduct of business. In this regard the Board has established a Related Party Transactions Committee and an Audit Committee. 2.2 2.3 2.4 2.5 2.6 The Chair should be an Independent Director. Refer to 2.1. The roles of Chair and Chief Executive Officer should not be exercised by the same individual. TFML’s Chairman and Chief Executive Officer are not the same person. Comply. Comply. Board The should establish a Nomination Committee. Disclose the process for the evaluating performance the of Board, its Committees and individual Directors. Provide the information indicated in the Guide to reporting on Principle 2. The Responsible Entity does not foresee the Board composition changing in the near future and therefore has not established a Nomination Committee. The Board the independence of a Director is not compromised simply by the fact that the Director is a significant investor in P-REIT. considers that gained a The Board considers that no efficiencies or other benefits by be would establishing separate committee. TFML has not, therefore, adopted Recommendation 2.4 of the ASX Corporate Governance Council. The full Board will arrange an annual performance evaluation of the Board, its Committees and individual Directors. Comply. Comply. to skills, experience and The expertise the relevant position held by each Director will be disclosed the Directors’ Report which forms part of the financial statements. in The Directors are entitled to take independent professional advice at the expense of the Responsible Entity. The period of office held by each Director the will be disclosed in 12 12 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT Corporate Governance (continued) Principle No Recommendation Reason for Non-compliance Compliance Directors’ Report which forms part of the financial statements. A statement will be included in the Directors’ Report of the financial statements as to the mix of skills and diversity that the Board is looking to achieve in its membership. Principle 3: Promote ethical and responsible decision making 3.1 Establish code of a conduct and disclose the code or a summary of the code as to: (cid:120) The practice The Responsible Entity has adopted a Code of Conduct, which can be accessed at the website, BlackWall www.blackwallfunds.com.au. Comply. necessary to maintain confidence in the Company’s integrity; (cid:120) The practices necessary to take into account their legal obligations and the reasonable expectations of their stakeholders. (cid:120) The responsibility and accountability of for individuals reporting and investigating reports of unethical practices. a Establish policy concerning diversity and disclose the policy or a summary of that policy. The policy should include for requirements the Board establish to objectives measurable gender for achieving diversity and the Board to assess annually the objectives and the progress in achieving them. for The Responsible Entity has adopted a Diversity Policy which can be accessed at the website, BlackWall www.blackwallfunds.com.au. Comply. Disclose in each annual report the measurable objectives for achieving gender diversity set by the Board in accordance with the Diversity Policy towards and progress information will be The disclosed the Directors’ Report of the Trust’s financial statements. in Comply. 13 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 13 3.2 3.3 P-REIT Corporate Governance (continued) Principle No Recommendation achieving them. Compliance Reason for Non-compliance 3.4 3.5 Disclose in each annual report the proportion of women employees in the organisation, whole Senior in women Executive positions and women on the Board. Provide the information indicated in the Guide to reporting on Principle 3. information will be The disclosed the Directors’ Report of the Trust’s financial statements. in information will be The disclosed the Directors’ Report of the Trust’s financial statements. in Principle 4: Safeguard integrity in financial reporting Board 4.1 The establish Committee. should Audit an The Entity Responsible currently has a separate Audit Committee. The roles and responsibilities of the Audit Committee are set out in the Audit Committee Charter. This charter can be accessed at the website, BlackWall www.blackwallfunds.com.au. the The Audit Committee consists independent of members of the Compliance Committee. two 4.2 The Audit Committee should be structured so that it: (cid:120) Consists only of Non- Executive Directors; (cid:120) Consists of a majority of Independent Directors; (cid:120) Is chaired by an independent chair, who is not chair of the Board; (cid:120) Has at least three members. Comply. Comply. Comply. Audit Given The Board has established an Audit Committee and adopted an Audit Charter. The Committee consists of the independent members of the Compliance the Committee. composition of the Board and the size of the company, ASX Recommendation 4.2 is in all not complied with respects. The Board takes the view that the Committee as constituted can discharge role effectively. The its Committee the auditing process for half- yearly and annual financial statements and meets prior to, during and post the audit to discuss. During meetings the Committee minutes its roles and responsibilities in regards audit addressing the need for a formal The Committee has direct access to the auditor during the the auditing period and reviews charter. the to 14 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 14 P-REIT Corporate Governance (continued) Principle No Recommendation Compliance attends Reason for Non-compliance auditor the Committee meetings. The Committee may make recommendations the Board. to 4.3 4.4 The Audit Committee should have formal charter. formal charter can be the BlackWall The accessed at website, www.blackwallfunds.com.au. Comply. Provide the information in the Guide to reporting on Principle 4. The Audit Committee will meet at least twice in each year, before sign off of the annual and half year financial statements. Comply. Principle 5: Make timely and balanced disclosure 5.1 Establish written policies and procedures designed compliance to ensure with ASX Listing Rule disclosure requirements, ensure accountability at a Senior Executive level for that and compliance disclose those policies or a those policies. summary of Officer TFML will undertake timely market disclosures. The Chief in Executive consultation with the Board will manage investor relations and the release of market sensitive information. The Responsible Entity will maintain a timetable for its compliance and periodic disclosure requirements. 5.2 Provide the information indicated in the Guide to reporting on Principle 5. The disclosed statements. information will in the be financial Principle 6: Respect the rights of shareholders 6.1 Responsible a to Entity The of undertakes measures its unitholders are informed of its operations including: number ensure Design a communications policy for promoting effective communications with shareholders and their encouraging participation at general meetings and disclose that policy or a summary of that policy. Comply. Comply. Comply. (cid:120) The Non-Executive Directors and Chief Executive Officer are available to meet or speak to unitholders; (cid:120) The Non-Executive Directors and Chief Executive Officer make themselves available to independent research houses, brokers and other participants in the financial markets; P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 15 15 P-REIT Corporate Governance (continued) Principle No Recommendation Reason for Non-compliance Compliance (cid:120) Making available P-REIT’s annual and half-yearly reports electronically via email and website; (cid:120) Enabling access to P-REIT’s external auditor at the Annual General Meeting; and (cid:120) Placing on its website all releases to the ASX and the media, and full notices of all meetings and the Trust’s information on its website including access to archived information. Comply. Comply. Comply. information will in the be financial The disclosed statements. The Responsible Entity and BlackWall have adopted a Risk Management Policy. This Policy outlines the key material risks faced by P-REIT. through a The Responsible Entity and BlackWall identify and manage risk framework managed by the Chief Executive Officer. Risks are reported to the Board by management at each Board meeting and the an Chairman may extraordinary meeting when circumstances require. call 6.2 Provide the information indicated in the Guide to reporting on Principle 6. Principle 7: Recognise and manage risk Establish policies for the 7.1 oversight and management of material business and disclose a summary of those policies. risk to The Board should require management to design and implement the risk and management internal control system to manage the Trust’s material business risks it on and report whether those risks are being managed efficiently. The Board should that has management reported to it as to the effectiveness the company’s management of its material business risks. disclose of 7.2 7.3 Chief Board The should disclose whether it has received assurance from the Executive Officer (or equivalent) and the Chief Financial Officer (or equivalent) declaration that the Comply. Board will receive The in the form of a assurance declaration the Chief from Executive Officer and the Chief Financial Officer as required by the Corporations Act 2001. 16 16 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 Compliance Reason for Non-compliance P-REIT Corporate Governance (continued) Principle No 7.4 Recommendation provided in accordance with section 295A of the Corporations Acts 2001 is founded on a sound risk system management and internal control and that the system is operating effectively in all material respects in relation to financial reporting risks. of Companies should provide the information indicated in the Guide to reporting on Principle 7. Principle 8: Remunerate fairly and responsibly 8.1 Board The should establish a Remuneration Committee. The Responsible Entity does not directly employ executives or staff. information will in the be financial The disclosed statements. Comply. The Responsible Entity does employ not executives or staff. directly 8.2 The Remuneration Committee should be structured so that it: Refer 8.1 Refer 8.1 (cid:120) Consists of a majority of Independent Directors; (cid:120) Is chaired by an Independent Director; and (cid:120) Has a least three members. Companies should clearly distinguish the structure of Non-Executive Directors’ remuneration from that of Executive Directors Senior Executives. and Companies should provide the information indicated in the Guide to reporting on Principle 8. 8.3 8.4 Refer 8.1 Refer 8.1 Refer 8.1 Refer 8.1 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 17 17 P-REIT ASX Additional Information Additional information required by the Australian Securities Exchange Limited and not shown elsewhere in this report is as follows. The unitholder information set out below was current as at 24 August 2012. 1. Unitholders The Trust’s top 20 largest unitholdings were: Investor Units (No.) Units (%) 1 2 3 4 5 6 7 8 9 Kirela Pty Ltd ATF Kirela Development Unit Trust Sandhurst Trustees Ltd ACF MacarthurCook PSF A/C Australian Executor Trustees Ltd ACF Tankstream Property Investments Fund BlackWall Property Funds Ltd Pelorus Private Equity Ltd Vintage Capital Pty Ltd Jagar Property Consultants Pty Ltd JP Morgan Nominees Australia Limited ACF Multiplex Income UPT Domestic Investment Trust TFML Limited Trust Company of Australia Ltd ACF Diversified Property Fund 10 11 Koonta Pty Ltd ATF Koonta Superannuation Fund Trust Company Limited ACF Recap Enhanced Income Fund 12 13 Benyaya Holdings Pty Ltd 14 Harmareed Pty Ltd ATF The Reed Superannuation Fund Seno Management Pty Ltd ATF Seno Superannuation Fund Midhurst Associates Pty Ltd ATF Midhurst Superannuation Fund 15 16 17 Netwealth Investments Ltd 18 I P R Nominees Pty Ltd <1965 Irvin Peter Rockman A/C> Mr Andrew Craig Irvine & Ms Beverley Frances Irvine 19 20 Excalibur Trading Pty Ltd 18 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 43,460,337 22,581,875 19,238,234 12,173,489 11,615,594 10,236,859 6,539,664 5,515,213 5,000,000 4,842,058 4,154,347 3,770,251 2,764,732 2,159,942 2,000,000 1,600,000 1,375,843 1,252,033 1,151,142 1,028,381 20.94 10.88 9.27 5.87 5.60 4.93 3.15 2.66 2.41 2.33 2.00 1.82 1.33 1.04 0.96 0.77 0.66 0.60 0.55 0.52 18 P-REIT ASX Additional Information (continued) 2. Distribution of Shareholders The distribution of unitholders by size of holding was: Category 1-1,000 1,001-5,000 5,001-10,000 10,001-100,000 100,001 and over Total number of unitholders No. of Holders 1 57 133 513 117 821 P-REIT has 88 holders of less than a marketable parcel. The Trust has 207,524,039 units on issue as at 24 August 2012. All units carry one vote per unit without restrictions. All units are quoted on the Australian Securities Exchange (ASX Code: PXT). 3. Substantial Unitholders Substantial unitholders in the Trust are set out below: Investor Units (No.) Units (%) Joseph (Seph) Glew and Paul Tresidder Sandhurst Trustees Ltd ACF MacarthurCook PSF A/C Australian Executor Trustees Ltd ACF Tankstream Property Investments Fund BlackWall Property Funds Ltd Pelorus Private Equity Ltd 52,150,000 22,581,875 19,238,234 17,173,489 11,615,594 25.13 10.88 9.27 8.28 5.60 19 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 19 P-REIT Trust Details The Responsible Entity’s details are as follows: Registered office and principal place of business TFML Limited Level 1, 50 Yeo Street Neutral Bay NSW 2089 Telephone Fax Website Registry 02 9033 8611 02 9033 8600 www.blackwallfunds.com.au Computershare Investor Services Pty Limited 60 Carrington Street Sydney NSW 2000 www.computershare.com.au 20 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 20 P-REIT ARSN 109 684 773 Consolidated Statement of Comprehensive Income For the Year Ended 30 June 2012 Consolidated Statement of Comprehensive Income For the Year Ended 30 June 2012 Notes 4 5 5 5, 16 Rental income Dividends and distributions Interest income Other income Unrealised gain on revaluation of investment properties Total Revenue Property outgoings Custodian fees Administration expenses Finance costs Unrealised loss on revaluation of financial assets and financial instruments Other operating expenses Loss on sale of investments Litigation expenses Profit / (Loss) For the Year Other Comprehensive Income / (Loss) Unrealised gain/(loss) on available-for-sale investments taken to equity Other Comprehensive Income / (Loss) For the Year Total Comprehensive Income / (Loss) For the Year 2012 $’000 10,261 2,226 37 297 2,394 15,215 (2,136) (23) (1,053) (4,783) (2,556) (462) (9) (19,719) (15,526) (602) (602) (16,128) 2011 $’000 9,604 443 41 - 1,231 11,319 (1,887) (20) (967) (5,163) (1,046) (354) - (286) 1,596 353 353 1,949 Earnings / (Loss) Per Unit Basic and diluted earnings/(loss) per unit 18 ($ 0.07) $ 0.01 The accompanying notes form part of these consolidated financial statements. 21 (cid:23)(cid:138)(cid:135)(cid:3)(cid:131)(cid:133)(cid:133)(cid:145)(cid:143)(cid:146)(cid:131)(cid:144)(cid:155)(cid:139)(cid:144)(cid:137)(cid:3)(cid:144)(cid:145)(cid:150)(cid:135)(cid:149)(cid:3)(cid:136)(cid:145)(cid:148)(cid:143)(cid:3)(cid:146)(cid:131)(cid:148)(cid:150)(cid:3)(cid:145)(cid:136)(cid:3)(cid:150)(cid:138)(cid:135)(cid:149)(cid:135)(cid:3)(cid:133)(cid:145)(cid:144)(cid:149)(cid:145)(cid:142)(cid:139)(cid:134)(cid:131)(cid:150)(cid:135)(cid:134)(cid:3)(cid:976)(cid:139)(cid:144)(cid:131)(cid:144)(cid:133)(cid:139)(cid:131)(cid:142)(cid:3)(cid:149)(cid:150)(cid:131)(cid:150)(cid:135)(cid:143)(cid:135)(cid:144)(cid:150)(cid:149)(cid:484) P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 21 P-REIT ARSN 109 684 773 Consolidated Statement of Financial Position Consolidated Statement of Financial Position As at 30 June 2012 As at 30 June 2012 ASSETS Current Assets Cash and cash equivalents Trade and other receivables Other assets Total Current Assets Non-Current Assets Available-for-sale financial assets Financial assets at fair value through profit and loss Investment properties Total Non-Current Assets TOTAL ASSETS LIABILITIES Current Liabilities Trade and other payables Other liabilities Borrowings Derivative financial instruments Provision Total Current Liabilities Non-Current Liabilities Derivative financial instruments Borrowings Total Non-Current Liabilities TOTAL LIABILITIES (EXCLUDING NET ASSETS ATTRIBUTABLE TO UNITHOLDERS) Net Assets Attributable to Unitholders Note 6 7 8 9 10 11 12 13 14 15 16 15 14 2012 $’000 1,306 455 373 2,134 37,451 917 81,350 119,718 121,852 525 102 55,580 1,069 19,000 76,276 - - - 76,276 45,576 2011 $’000 450 75 512 1,037 38,309 2,522 78,375 119,206 120,243 411 71 2,900 - - 3,382 129 54,980 55,109 58,491 61,752 TOTAL LIABILITIES 121,852 120,243 The accompanying notes form part of these consolidated financial statements. 22 (cid:23)(cid:138)(cid:135)(cid:3)(cid:131)(cid:133)(cid:133)(cid:145)(cid:143)(cid:146)(cid:131)(cid:144)(cid:155)(cid:139)(cid:144)(cid:137)(cid:3)(cid:144)(cid:145)(cid:150)(cid:135)(cid:149)(cid:3)(cid:136)(cid:145)(cid:148)(cid:143)(cid:3)(cid:146)(cid:131)(cid:148)(cid:150)(cid:3)(cid:145)(cid:136)(cid:3)(cid:150)(cid:138)(cid:135)(cid:149)(cid:135)(cid:3)(cid:133)(cid:145)(cid:144)(cid:149)(cid:145)(cid:142)(cid:139)(cid:134)(cid:131)(cid:150)(cid:135)(cid:134)(cid:3)(cid:976)(cid:139)(cid:144)(cid:131)(cid:144)(cid:133)(cid:139)(cid:131)(cid:142)(cid:3)(cid:149)(cid:150)(cid:131)(cid:150)(cid:135)(cid:143)(cid:135)(cid:144)(cid:150)(cid:149)(cid:484) 22 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Consolidated Statement of Changes in Net Assets Attributable to Unitholders Consolidated Statement of Changes in Net Assets Attributable to Unitholders For the Year Ended 30 June 2012 For the Year Ended 30 June 2012 Units on Issue No.’000 207,524 - - - 207,524 79,123 - - 128,401 - - 207,524 Issued Units $’000 106,006 - - (48) 105,958 70,343 - - 38,695 (3,000) (32) 106,006 Retained Earnings / (Accumulated Losses) $’000 (44,607) (15,526) - - (60,133) (46,203) 1,596 - - - - (44,607) Balance at 1 July 2011 Loss for the year Other comprehensive loss Listing costs Balance at 30 June 2012 Balance at 1 July 2010 Profit for the year Other comprehensive income Issue of units Return of capital Listing costs Balance at 30 June 2011 Amounts recognised in equity relating to assets classified as available-for- sale $’000 353 - (602) - (249) - - 353 - - - 353 Total $’000 61,752 (15,526) (602) (48) 45,576 24,140 1,596 353 38,695 (3,000) (32) 61,752 The accompanying notes form part of these consolidated financial statements. 23 (cid:23)(cid:138)(cid:135)(cid:3)(cid:131)(cid:133)(cid:133)(cid:145)(cid:143)(cid:146)(cid:131)(cid:144)(cid:155)(cid:139)(cid:144)(cid:137)(cid:3)(cid:144)(cid:145)(cid:150)(cid:135)(cid:149)(cid:3)(cid:136)(cid:145)(cid:148)(cid:143)(cid:3)(cid:146)(cid:131)(cid:148)(cid:150)(cid:3)(cid:145)(cid:136)(cid:3)(cid:150)(cid:138)(cid:135)(cid:149)(cid:135)(cid:3)(cid:133)(cid:145)(cid:144)(cid:149)(cid:145)(cid:142)(cid:139)(cid:134)(cid:131)(cid:150)(cid:135)(cid:134)(cid:3)(cid:976)(cid:139)(cid:144)(cid:131)(cid:144)(cid:133)(cid:139)(cid:131)(cid:142)(cid:3)(cid:149)(cid:150)(cid:131)(cid:150)(cid:135)(cid:143)(cid:135)(cid:144)(cid:150)(cid:149)(cid:484) P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 23 P-REIT ARSN 109 684 773 Consolidated Statement of Cash Flows For the Year Ended 30 June 2012 Consolidated Statement of Cash Flows As at 30 June 2012 Cash Flows From Operating Activities Receipts from customers Payments to suppliers Litigation expenses Distributions received Interest paid Interest received Net Cash Flows From Operating Activities Cash Flows From Investing Activities Payments for purchase of securities Payments for purchase of plant & equipment Proceeds from disposal and redemption of securities Net Cash Flows From/(Used in) Investing Activities Cash Flows From Financing Activities Payments for listing costs Repayment of borrowings Net Cash Flows Used in Financing Activities Net Increase / (Decrease) in Cash Held Cash and cash equivalents at the beginning of the year Cash and Cash Equivalents at End of the Year Notes 21 6 2012 $’000 10,709 (4,326) (552) 596 (4,670) 1,274 3,031 (149) (42) 396 205 (80) (2,300) (2,380) 856 450 1,306 2011 $’000 10,290 (4,407) (286) 373 (5,074) 41 937 (700) (30) - (730) (32) (792) (824) (617) 1,067 450 The accompanying notes form part of these consolidated financial statements. 24 (cid:23)(cid:138)(cid:135)(cid:3)(cid:131)(cid:133)(cid:133)(cid:145)(cid:143)(cid:146)(cid:131)(cid:144)(cid:155)(cid:139)(cid:144)(cid:137)(cid:3)(cid:144)(cid:145)(cid:150)(cid:135)(cid:149)(cid:3)(cid:136)(cid:145)(cid:148)(cid:143)(cid:3)(cid:146)(cid:131)(cid:148)(cid:150)(cid:3)(cid:145)(cid:136)(cid:3)(cid:150)(cid:138)(cid:135)(cid:149)(cid:135)(cid:3)(cid:133)(cid:145)(cid:144)(cid:149)(cid:145)(cid:142)(cid:139)(cid:134)(cid:131)(cid:150)(cid:135)(cid:134)(cid:3)(cid:976)(cid:139)(cid:144)(cid:131)(cid:144)(cid:133)(cid:139)(cid:131)(cid:142)(cid:3)(cid:149)(cid:150)(cid:131)(cid:150)(cid:135)(cid:143)(cid:135)(cid:144)(cid:150)(cid:149)(cid:484) 24 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies The financial statements cover the economic entity of P-REIT and its controlled entity, the Yandina Sub- trust (together referred to as “the Trust”). P-REIT is a registered managed investment scheme incorporated under the Corporations Act 2001 in Australia. The Yandina Sub-trust is a discretionary trust established and domiciled in Australia. TFML Limited is the Responsible Entity and investment manager of the Trust. At a meeting of unitholders held on 9 May 2012 resolutions were passed to remove RFML Limited (subsequently changed name to Zhaofeng Funds Management Limited) as Responsible Entity for P-REIT and appoint TFML Limited as the new Responsible Entity of P-REIT. The Trust Company Limited is the Custodian of the Trust. The relationship of these parties with the Trust is governed by the terms and conditions specified in the Constitution. The financial statements for the Trust for the year ended 30 June 2012 were authorised for issue in accordance with the resolution of the Directors of the Responsible Entity on 30 August 2012. Basis of Preparation These financial statements are general purpose financial statements that have been prepared in accordance with Australian Accounting Standards and other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations Act 2001. The financial statements of the Trust also comply with International Financial Reporting Standards (IFRS) as issued by the International Accounting Standards Board. The financial statements have been prepared on an accruals basis and are based on historical costs modified by the revaluation of selected non-current assets, financial assets and financial liabilities for which the fair value basis of accounting has been applied. The Trust is a group of the kind referred to in ASIC Class Order 98/0100, dated 10 July 1998, and in accordance with that Class Order amounts in the Directors’ Report and the financial statements are rounded off to the nearest thousand dollars, unless otherwise indicated. The following is a summary of the material accounting policies adopted by the Trust in the preparation of the financial statements. The accounting policies have been consistently applied, unless otherwise stated. New and amended standards adopted None of the new standards and amendments to standards that are mandatory for the first time for the financial year beginning 1 July 2011 affected any of the amounts recognised in the current period or any prior period and are not likely to affect future periods. However, the adoption of the revised AASB 124 Related Party Disclosures were reflected in Note 25, and the adoption of AASB 1054 Australian Additional Disclosures and AASB 2011-1 Amendments to Australian Accounting Standards arising from the Trans- Tasman Convergence Project enabled the removal of certain disclosures in relation to commitments. 25 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 25 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies (continued) Going concern In assessing if it is appropriate to prepare these financial statements on a going concern basis the Directors have considered the following factors: (cid:120) The Trust borrowings of $55,580,000 (at 30 June, now $54,500,000) is classified as a current liability as it has a term to maturity of less than 12 months, it is outside of its loan to value ratio covenant (direct property to debt – currently 67% against a covenant of 65%) and the Judgment disclosed above constitutes a review event or breach under the facility; (cid:120) The Judgment gives rise to a current liability of $19,000,000; (cid:120) The Judgment gives rise to a litigation expense which generates a loss of $15,526,000 (a $3.5 million profit if the Judgment is not brought to account); (cid:120) The Trust has non-current assets of $119.7 million ($81.4 million direct property and $37.5 million property securities); (cid:120) The Trust’s direct property portfolio has no material vacancies or bad debts; and (cid:120) Pending the determination of the appeal it is likely that the court or MPS will not consent to the Trust paying distributions to its members. As a consequence all free cashflow will be applied to debt amortisation. The Trust has over $121 million of gross assets to satisfy total liabilities of $76 million (including the Judgment). As a consequence the Directors have concluded that it is reasonable to assume that: (cid:120) The Trust's borrowing will either be extended by the current lender or can be refinanced; and (cid:120) If the Trust is unsuccessful in its appeal (and any subsequent appeals to higher appellant courts) the Trust can sell assets to fund the Judgment debt. The Directors have therefore taken the view that it is appropriate to prepare these financial statements on a going concern basis. Comparative figures When required by Accounting Standards, comparative figures have been adjusted to conform to changes in presentation for the current financial year. Any change of presentation has been made in order to make the financial statements more relevant and useful to the user. Presentation currency Both the functional and presentation currency of the Trust is Australian dollars. Principles of Consolidation Controlled entities The consolidated financial statements comprise the financial statements of P-REIT and its controlled entity as at 30 June 2012 (refer to Note 24). The controlled entity has a June financial year end and uses consistent accounting policies. Investments in the controlled entity held by the parent entity are accounted for at cost less any impairment charges (refer to Note 26). 26 26 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies (continued) Controlled entities (continued) Acquisitions of controlled entities are accounted for using the acquisition method. The consideration for each acquisition is measured at the aggregate of the fair values (at the date of exchange) of assets given, liabilities incurred or assumed, and equity instruments issued by P-REIT in exchange for control of the acquiree. Acquisition-related costs are recognised in profit or loss as incurred. Where a controlled entity has entered or left the economic entity during the year, its operating results have been included from the date control was obtained or until the date control ceased. A controlled entity is an entity P-REIT has the power to control the financial and operating policies of so as to obtain benefits from its activities. Inter-entity balances All inter-entity balances and transactions between entities in the Trust, including any unrealised profits or losses, have been eliminated on consolidation. Accounting policies of the controlled entity have been changed where necessary to ensure consistencies with those policies applied by the parent entity. Impairment of assets At each reporting date, the Trust reviews the carrying values of its assets to determine whether there is any indication that those assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the asset's fair value less costs to sell and value in use, is compared to the asset's carrying value. In assessing value in use, either the estimated future cash flows are discounted to their present value using a pre-tax discount rate that reflects current market assessments of the time value of money and the risks specific to the asset, or the income of the asset is capitalised at its relevant capitalisation rate. An impairment loss is recognised if the carrying value of an asset exceeds its recoverable amount. Impairment losses are expensed to the income statement. Impairment losses recognised in prior periods are assessed at each reporting date for any indication that the loss has decreased or no longer exists. An impairment loss is reversed if there has been a change in the estimates used to determine the recoverable amount. An impairment loss is reversed only to the extent that the asset's carrying amount does not exceed the carrying amount that would have been determined, net of depreciation or amortisation, if no impairment loss has been recognised. Financial Instruments Derivative financial instruments and hedging The Trust uses derivative financial instruments such as interest rate swaps to hedge its risks associated with interest rates. Such derivative financial instruments are initially recognised at fair value on the date the derivative contract is entered into and are subsequently remeasured to fair value. Derivatives are carried as assets when their fair value is positive and as liabilities when their fair value is negative. The fair values of interest rate swaps are determined by reference to market values for similar instruments. Any gains or losses arising from changes in the fair value of derivatives are taken directly to profit or loss for the year. 27 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 27 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies (continued) Non-derivative financial instruments Non-derivative financial instruments comprise investments in equity and debt instruments, trade and other receivables, cash and cash equivalents, loans and borrowings, and trade and other payables. Non-derivative financial instruments are recognised at fair value plus, for instruments not at fair value through profit or loss, any directly attributable transaction costs. Subsequent to initial recognition non- derivative financial instruments are measured as described below. Recognition A financial instrument is recognised if the Trust becomes a party to the contractual provisions of the instrument. Financial assets are derecognised if the Trust's contractual rights to the cash flow from the financial assets expire or if the Trust transfers the financial assets to another party without retaining control or substantially all risks and rewards of the asset. Purchases and sales of financial assets are accounted for at trade date, i.e. the date that the Trust commits itself to purchase or sell the asset. Financial liabilities are derecognised if the Trust's obligations specified in the contract expire or are discharged or cancelled. Loans and receivables Loans and receivables including loans to related entities and to key management personnel are non- derivative financial assets with fixed or determinable payments that are not quoted in an active market and are stated at amortised cost using the effective interest rate method. Gains and losses are recognised in profit and loss when the loans and receivables are derecognised or impaired, as well as through the amortisation process. Available-for-sale financial assets The Trust's investments in related party unlisted unit trusts are classified as available-for-sale financial assets. Subsequent to initial recognition, they are measured at fair value. Unrealised gains and losses arising from changes in fair value are recognised in other comprehensive income and accumulated in equity, with the exception of impairment losses, interest calculated using the effective interest method, and foreign exchange gains and losses on monetary assets, which are recognised in profit or loss. Where the investment is disposed of or is determined to be impaired, the cumulative gain or loss previously accumulated in the investments revaluation reserve is reclassified to profit or loss. Financial assets at fair value through profit and loss Investments in financial assets at fair value through profit and loss are initially and in subsequent periods carried at fair value. Gains or losses arising from changes in the fair value are presented in the statement of comprehensive income in the period in which they arise. Distribution income from financial assets accounted at fair value through the profit and loss is recognised in the statement of comprehensive income as part of the revenue. Fair value The fair values of investments that are actively traded in organised financial markets are determined by reference to quoted market bid prices at the close of business on the balance date. For investments in related party unlisted unit trusts, fair values are determined by reference to published unit prices of these investments which are based on the net tangible assets of each of the investments. 28 28 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies (continued) 1. Statement of Significant Accounting Policies (continued) Non-derivative financial instruments Impairment Non-derivative financial instruments comprise investments in equity and debt instruments, trade and other receivables, cash and cash equivalents, loans and borrowings, and trade and other payables. Non-derivative financial instruments are recognised at fair value plus, for instruments not at fair value through profit or loss, any directly attributable transaction costs. Subsequent to initial recognition non- derivative financial instruments are measured as described below. Recognition A financial instrument is recognised if the Trust becomes a party to the contractual provisions of the instrument. Financial assets are derecognised if the Trust's contractual rights to the cash flow from the financial assets expire or if the Trust transfers the financial assets to another party without retaining control or substantially all risks and rewards of the asset. Purchases and sales of financial assets are accounted for at trade date, i.e. the date that the Trust commits itself to purchase or sell the asset. Financial liabilities are derecognised if the Trust's obligations specified in the contract expire or are discharged or cancelled. Loans and receivables Loans and receivables including loans to related entities and to key management personnel are non- derivative financial assets with fixed or determinable payments that are not quoted in an active market and are stated at amortised cost using the effective interest rate method. Gains and losses are recognised in profit and loss when the loans and receivables are derecognised or impaired, as well as through the amortisation process. Available-for-sale financial assets The Trust's investments in related party unlisted unit trusts are classified as available-for-sale financial assets. Subsequent to initial recognition, they are measured at fair value. Unrealised gains and losses arising from changes in fair value are recognised in other comprehensive income and accumulated in equity, with the exception of impairment losses, interest calculated using the effective interest method, and foreign exchange gains and losses on monetary assets, which are recognised in profit or loss. Where the investment is disposed of or is determined to be impaired, the cumulative gain or loss previously accumulated in the investments revaluation reserve is reclassified to profit or loss. Investments in financial assets at fair value through profit and loss are initially and in subsequent periods carried at fair value. Gains or losses arising from changes in the fair value are presented in the statement of comprehensive income in the period in which they arise. Distribution income from financial assets accounted at fair value through the profit and loss is recognised in the statement of comprehensive income as part of the revenue. Fair value The fair values of investments that are actively traded in organised financial markets are determined by reference to quoted market bid prices at the close of business on the balance date. For investments in related party unlisted unit trusts, fair values are determined by reference to published unit prices of these investments which are based on the net tangible assets of each of the investments. At each reporting date, the Trust assesses whether there is objective evidence that a financial instrument has been impaired. A financial instrument is considered to be impaired if objective evidence indicates that one or more events have had a negative effect on the estimated future cash flows of that asset. In the case of available-for-sale financial instruments, a prolonged decline in the value of the instrument is considered to determine whether an impairment has arisen. An impairment loss in respect of a financial instrument measured at amortised cost is calculated as the difference between its carrying amount, and the present value of the estimated future cash flows discounted at the original effective interest rate. An impairment loss in respect of an available-for-sale financial asset is calculated by reference to its fair value. Individually significant financial instruments are tested for impairment on an individual basis. The remaining financial assets are assessed collectively in groups that share similar credit risk characteristics. Impairment losses are recognised in the statement of comprehensive income. An impairment loss is reversed if the reversal can be related objectively to an event occurring after the impairment loss was recognised. For financial instruments measured at amortised cost, the reversal is recognised in profit and loss. Financial liabilities Non-derivative financial liabilities are recognised at amortised cost, comprising original debt less principal payments and amortisation. Investment Properties Investment properties are measured initially at cost, including transaction costs. The carrying amount includes the cost of replacing part of an existing investment property at the time that cost is incurred if the recognition criteria are met and excludes the costs of day-to-day servicing of an investment property. Subsequent to initial recognition, investment properties are stated at fair value, which is based on active market prices, adjusted if necessary, for any difference in the nature, location or condition of the specific asset at the balance sheet date. Gains or losses arising from changes in the fair values of investment properties are recognised in profit or loss in the year in which they arise. Included in the value measurement are adjustments for straightlining of lease income. Financial assets at fair value through profit and loss Cash and Cash Equivalents Cash and cash equivalents include cash on hand, deposits held at call with banks, other short term highly liquid investments with original maturities of three months or less, and bank overdrafts. Trade and Other Receivables Trade receivables are recognised and carried at original invoice amount less a provision for any uncollectable debts. An estimate for doubtful debts is made when there is objective evidence that the Trust will not be able to collect the receivable. Financial difficulties of the debtor and default payments are considered objective evidence of impairment. Bad debts are written off when identified as uncollectable. 28 29 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 29 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies (continued) Trade and Other Payables Liabilities for trade creditors are carried at cost which is the fair value of the consideration to be paid in the future for goods or services received, whether or not billed to the Trust at balance date. The amounts are unsecured and are usually paid within 30 days of recognition. Interest Bearing Borrowings Interest bearing borrowings are initially recognised at fair value less any related transaction costs. Subsequent to initial recognition, interest bearing borrowings are stated at amortised cost. Provisions Provisions are recognised when the Trust has a legal or constructive obligation, as a result of past events, for which it is probable that an outflow of economic benefits will result and that outflow can be reliably measured. Where the Trust expects some or all of a provision to be reimbursed, for example under an insurance contract, the reimbursement is recognised as a separate asset but only when the reimbursement is virtually certain. The expense relating to any provision is presented in the statement of comprehensive income net of any reimbursement. Revenue Property income Property income comprises rental and recovery of outgoings from property tenants. Rental income from investment properties is accounted for on a straight-line basis over the lease term. Lease incentives granted are recognised as an integral part of total rental income. Investment income Finance income comprises interest on funds invested, gains on the disposal of available-for-sale financial assets and changes in the fair value of financial assets at fair value through profit and loss. Interest income is recognised as interest accrues using the effective interest method. This is a method of calculating the amortised cost of a financial asset and allocating the interest income over the relevant period using the effective interest rate. Dividend revenue is recognised when the right to receive a dividend has been established, which in the case of quoted securities is the ex-dividend date. All revenue is stated net of the amount of goods and services tax (GST). Income Tax Under current income tax legislation the Trust is not liable to Australian income tax provided the unitholders are presently entitled to the taxable income of the Trust. 30 30 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies (continued) 1. Statement of Significant Accounting Policies (continued) Trade and Other Payables Goods and Services Tax (GST) Provisions measured. any reimbursement. Revenue Property income Investment income Liabilities for trade creditors are carried at cost which is the fair value of the consideration to be paid in the future for goods or services received, whether or not billed to the Trust at balance date. The amounts are unsecured and are usually paid within 30 days of recognition. Interest Bearing Borrowings Interest bearing borrowings are initially recognised at fair value less any related transaction costs. Subsequent to initial recognition, interest bearing borrowings are stated at amortised cost. Provisions are recognised when the Trust has a legal or constructive obligation, as a result of past events, for which it is probable that an outflow of economic benefits will result and that outflow can be reliably Where the Trust expects some or all of a provision to be reimbursed, for example under an insurance contract, the reimbursement is recognised as a separate asset but only when the reimbursement is virtually certain. The expense relating to any provision is presented in the statement of comprehensive income net of Property income comprises rental and recovery of outgoings from property tenants. Rental income from investment properties is accounted for on a straight-line basis over the lease term. Lease incentives granted are recognised as an integral part of total rental income. Finance income comprises interest on funds invested, gains on the disposal of available-for-sale financial assets and changes in the fair value of financial assets at fair value through profit and loss. Interest income is recognised as interest accrues using the effective interest method. This is a method of calculating the amortised cost of a financial asset and allocating the interest income over the relevant period using the effective interest rate. Dividend revenue is recognised when the right to receive a dividend has been established, which in the case of quoted securities is the ex-dividend date. All revenue is stated net of the amount of goods and services tax (GST). Income Tax Under current income tax legislation the Trust is not liable to Australian income tax provided the unitholders are presently entitled to the taxable income of the Trust. Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office. In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of the expense. Receivables and payables in the balance sheet are shown inclusive of GST. Cash flows are presented in the cash flow statement on a gross basis, except for the GST component of investing and financing activities, which are disclosed as operating cash flows. Earnings / (Loss) Per Unit The Trust presents basic and diluted earnings / (loss) per unit (EPU) data for its units. Basic EPU is calculated by dividing the profit or loss attributable to ordinary unitholders of the Trust by the weighted average number of units outstanding during the period. Diluted EPU is determined by adjusting the profit or loss attributable to ordinary unitholders and the weighted average number of units outstanding for the effects of all dilutive potential units. New Accounting Standards and Interpretations Certain new accounting standards and interpretations have been published that are not mandatory for 30 June 2012 reporting periods. The Trust’s assessment of the impact of these new standards and interpretations is set out below. (i) AASB 9 Financial Instruments, AASB 2009(cid:827)11 Amendments to Australian Accounting Standards arising from AASB 9 and AASB 2010-7 Amendments to Australian Accounting Standards arising from AASB 9 (December 2010) (effective from 1 January 2015) AASB 9 Financial Instruments addresses the classification, measurement and derecognition of financial assets and financial liabilities. The standard is not applicable until 1 January 2015 but is available for early adoption. When adopted, the standard will affect in particular the Trust’s accounting for its available-for- sale financial assets, since AASB 9 only permits the recognition of fair value gains and losses in other comprehensive income if they relate to equity investments that are not held for trading. Fair value gains and losses on available-for-sale debt investments, for example, will therefore have to be recognised directly in profit or loss. In the current reporting period, unrealised gains of $353,000 (2011: $Nil) on Bakehouse Bonds were included as other comprehensive income. There will be no impact on the Trust’s accounting for financial liabilities, as the new requirements only affect the accounting for financial liabilities that are designated at fair value through profit or loss and the Trust does not have any such liabilities. The derecognition rules have been transferred from AASB 139 Financial Instruments: Recognition and Measurement and have not been changed. The Trust has not yet decided when to adopt AASB 9. (ii) AASB 10 Consolidated Financial Statements, AASB 11 Joint Arrangements, AASB 12 Disclosure of Interests in Other Entities, revised AASB 127 Separate Financial Statements and AASB 128 Investments in Associates and Joint Ventures and AASB 2011-7 Amendments to Australian Accounting Standards arising from the Consolidation and Joint Arrangements Standards (effective 1 January 2013) 30 31 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 31 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 1. Statement of Significant Accounting Policies (continued) New Accounting Standards and Interpretations (continued) In August 2011, the AASB issued a suite of five new and amended standards which address the accounting for joint arrangements, consolidated financial statements and associated disclosures. AASB 10 replaces all of the guidance on control and consolidation in AASB 127 Consolidated and Separate Financial Statements, and Interpretation 12 Consolidation – Special Purpose Entities. The core principle that a consolidated entity presents a parent and its subsidiaries as if they are a single economic entity remains unchanged, as do the mechanics of consolidation. However, the standard introduces a single definition of control that applies to all entities. It focuses on the need to have both power and rights or exposure to variable returns. Power is the current ability to direct the activities that significantly influence returns. Returns must vary and can be positive, negative or both. Control exists when the investor can use its power to affect the amount of its returns. There is also new guidance on participating and protective rights and on agent/principal relationships. While the Trust does not expect the new standard to have a significant impact on its composition, it has yet to perform a detailed analysis of the new guidance in the context of its various investees that may or may not be controlled under the new rules. AASB 11 introduces a principles based approach to accounting for joint arrangements. The Trust is not affected by this standard as it does not have any joint arrangements. AASB 12 sets out the required disclosures for entities reporting under the two new standards, AASB 10 and AASB 11, and replaces the disclosure requirements currently found in AASB 127 and AASB 128. Application of this standard by the Trust will not affect any of the amounts recognised in the financial statements, but will impact the type of information disclosed in relation to the Trust’s investments. The Trust is not affected by these amendments. The Trust does not expect to adopt the new standards before their operative date. They would therefore be first applied in the financial statements for the annual reporting period ending 30 June 2014. (iii) AASB 13 Fair Value Measurement and AASB 2011-8 Amendments to Australian Accounting Standards arising from AASB 13 (effective 1 January 2013) AASB 13 was released in September 2011. It explains how to measure fair value and aims to enhance fair value disclosures. The Trust has yet to determine which, if any, of its current measurement techniques will have to change as a result of the new guidance. It is therefore not possible to state the impact, if any, of the new rules on any of the amounts recognised in the financial statements. However, application of the new standard will impact the type of information disclosed in the notes to the financial statements. The Trust does not intend to adopt the new standard before its operative date, which means that it would be first applied in the annual reporting period ending 30 June 2014. (iv) AASB 2011-9 Amendments to Australian Accounting Standards – Presentation of Items of Other Comprehensive Income This amendment requires entities to separate items presented in other comprehensive income into two groups, based upon whether they might be recycled to profit and loss in the future. The Trust has not yet assessed the impact of the amendments, if any. There are no other standards that are not yet effective and that are expected to have a material impact on the entity in the current or future reporting periods and on foreseeable future transactions. 32 32 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 2. Critical Accounting Estimates and Judgments The Directors of the Responsible Entity evaluate estimates and judgments incorporated into the financial statements based on historical knowledge and best available current information. Estimates assume a reasonable expectation of future events and are based on current trends and economic data, obtained both externally and within the Trust. Key estimates - impairment The Trust assesses impairment at each reporting date by evaluating conditions specific to the Trust that may lead to impairment of assets. The Directors of the Responsible Entity believed it appropriate to raise no impairment provisions for the year ended 30 June 2012 except for the provisions for impairment recognised under Note 7. Key estimates – available-for-sale financial assets Investments in unlisted securities and debt instruments have been classified as available-for-sale financial assets and movements in fair value are recognised directly in the asset revaluation reserve. The fair value of the unlisted securities is determined by reference to the net assets of the underlying entities. The fair value of the listed securities is based on the closing price from the Australian Securities Exchange as at the reporting date. The fair value of the Bakehouse Bonds is measured by its face value adjusted for CPI movements. Key estimates - fair values of investment properties The Trust carries its investment properties at fair value with changes in the fair values recognised in profit or loss. It obtains independent valuations at least every three years. At the end of each reporting period, the Directors of the Responsible Entity update their assessment of the fair value of each property, taking into account the most recent independent valuations. The key assumptions used in this determination are set out in Note 11. If there is any material change in the key assumptions due to changes in economic conditions, the fair value of the investment properties may differ and may need to be re-estimated. 3. Segment Information AASB 8 requires operating segments to be identified on the basis of internal reports about components of the Trust that are regularly reviewed by the chief operating decision maker in order to allocate resources to the segment and to assess its performance. The Trust's primary format for segment reporting is based on business segments. The business segments are determined based on the Trust management and internal reporting structure. There is only one geographical segment being Australia. Segment results, assets and liabilities include items directly attributable to a segment as well as those that can be allocated on a reasonable basis. The operating businesses are organised and managed separately according to the nature of the products and services provided, with each segment representing a strategic business unit that offers different products and serves different markets. The Trust has adopted three reporting segments, Direct Property, Other Investments and Corporate. The Direct Property segment includes the ownership and leasing out of commercial, industrial and retail properties in Australian Capital Territory, New South Wales and Queensland. Income is derived from rent and property revaluations. The Other Investments segment includes interests in debt instruments and property related securities such as units in unlisted unit trusts. It generates income from dividends, distributions, and interest. The Corporate segment covers general functions. 33 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 33 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 3. Segment Information (continued) The segment information for the year ended 30 June 2012 is as follows: 30 June 2012 Sales to external customers Unrealised gain on revaluation Total segment revenue Segment operating profit Unrealised loss on revaluation Finance costs Litigation expenses Profit / (loss) for the year 30 June 2011 Sales to external customers Unrealised gain on revaluation Total segment revenue Segment operating profit Unrealised loss on revaluation Finance costs Litigation expenses Profit / (loss) for the year 30 June 2012 Segment assets Segment liabilities 30 June 2011 Segment assets Segment liabilities 4. Revenue Rent Investment income - Dividends and distributions - Finance income Direct Property $’000 Other Investments $’000 10,298 2,394 12,692 9,328 (951) (4,783) - 3,594 2,523 - 2,523 2,204 (1,605) - - 599 Corporate $’000 - - - - - - (19,719) (19,719) Consolidated Total $’000 12,821 2,394 15,215 11,532 (2,556) (4,783) (19,719) (15,526) Direct Property $’000 Other Investments $’000 Corporate $’000 Consolidated Total $’000 9,645 1,231 10,876 7,718 (129) (5,163) - 2,426 443 - 443 373 (917) - - (544) 82,906 (57,077) 79,343 (58,457) 38,946 (199) 40,900 (34) - - - - - - (286) (286) - (19,000) - - 2012 $’000 10,261 2,226 37 2,263 297 2,394 15,215 10,088 1,231 11,319 8,091 (1,046) (5,163) (286) 1,596 121,852 (76,276) 120,243 (58,491) 2011 $’000 9,604 443 41 484 - 1,231 11,319 34 Other income (*) Unrealised gain on revaluation of investment properties Total revenue * This income was later provided for in full as at 30 June 2012. Refer to Note 7. 34 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 5. Expenses Finance costs Unrealised loss on revaluation of financial instruments: - financial assets through profit and loss - derivative financial instruments - impairment of trade receivables and other assets Notes 2012 $’000 4,783 1,605 940 11 2,556 Litigation expenses 16 19,719 6. Current Assets - Cash and Cash Equivalents Cash at bank Cash on deposit Total cash and cash equivalents 2012 $’000 706 600 1,306 2011 $’000 5,163 917 129 - 1,046 286 2011 $’000 450 - 450 An amount of $600,000 was held as cash on deposit on 29 June 2012 and was used to settle part of the $1,080,000 repayment to the borrowings (refer to Note 14) by the same financial institution simultaneously on 9 July 2012. (a) Effective interest rate Cash at bank earns interest at floating rates based on daily bank deposit rates. (b) Reconciliation of cash Cash at the end of the financial year as shown in the cash flow statement is reconciled to items in the statement of financial position as follows: Cash and cash equivalents Total cash and cash equivalents 7. Current Assets - Trade and Other Receivables Trade receivables, net of impairment: - Other parties Distribution receivables Total Trade and Other Receivables 2012 $’000 1,306 1,306 2012 $’000 406 49 455 A net amount of $11,000 of receivables was impaired as at 30 June 2012 (2011: $Nil). 2011 $’000 450 450 2011 $’000 6 69 75 35 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 35 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 8. Current Assets - Other Assets Prepayments Total other assets 9. Non-current Assets – Available-for-sale Financial Assets Available-for-sale financial assets Total available-for-sale financial assets (a) Available-for-sale financial assets Bakehouse Bonds Unlisted managed investment schemes Total available-for-sale financial assets Note 9(a) 2012 $’000 373 373 2012 $’000 37,451 37,451 30,353 7,098 37,451 2011 $’000 512 512 2011 $’000 38,309 38,309 30,000 8,309 38,309 The Bakehouse Bonds are CPI linked debt instruments against a large scale mixed use property known as the Bakehouse Quarter in North Strathfield, Sydney. The Bonds’ face value of $30 million is indexed to CPI and the current value at 30 June 2012 is $30.353 million. The Bonds will mature on 30 June 2020. In addition, a coupon of 5.5% per annum is paid quarterly in arrears. All other available-for-sale assets are investments in various managed investment schemes. 10. Non-current Assets - Financial Assets At Fair Value Through Profit and Loss Investments - BlackWall Pub Group Total financial assets at fair value through profit and loss 2012 $’000 917 917 The Trust holds a 34.1% interest (2011: 36.8%) in the BlackWall Pub Group, a related entity. 11. Non-current Assets - Investment Properties Chancellor Homemaker Centre Silver @ The Exchange APN Yandina BlueScope Coolum Canberra Eye Hospital APN Toowoomba Total investment properties 2012 $’000 20,400 18,250 24,100 4,700 7,900 6,000 81,350 2011 $’000 2,522 2,522 2011 $’000 19,900 18,000 23,100 4,375 7,300 5,700 78,375 36 36 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 11. Non-current Assets - Investment Properties (continued) Movements in investment properties: Balance at the beginning of the financial year Additions (subsequent expenditures) Revaluation Balance at the end of the financial year 2012 $’000 78,375 581 2,394 81,350 2011 $’000 76,775 369 1,231 78,375 The Trust obtained independent valuations for its investment properties Silver @ The Exchange, APN Yandina and Canberra Eye Hospital in February 2012. The valuations were performed by registered independent valuers under the instructions from the Trust’s bank based on an active market by reference to recent market sales of similar properties around the area. The valuations are also based on common valuation methodologies including capitalisation rate, capitalised income projections and discounted cash flow projections. During the year, the Directors also updated their assessment of the fair value of Chancellor Homemaker Centre, BlueScope Coolum and APN Toowoomba. The key assumptions of the Directors’ valuations have been taken from the last independent valuation reports (June 2010) performed for these investment properties with adjustments made for changes in net income since the previous independent valuations. Independent and Directors’ valuations conducted during the year were based on the following capitalisation rates (initial yield): Chancellor Homemaker Silver @ The Exchange APN Yandina BlueScope Coolum Canberra Eye Hospital APN Toowoomba 12. Current Liabilities - Trade and Other Payables Trade payables: - Related parties - Other parties Sundry payables and accrued expenses Total trade and other payables 9.75% 10.00% 9.50% 8.25% 8.25% 10.00% 2012 $’000 81 401 482 43 525 Further information relating to trade payables from related parties is set out in Note 25. 2011 $’000 35 240 275 136 411 37 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 37 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 13. Current Liabilities - Other liabilities Rental income received in advance Total other liabilities 14. Current and Non-current Liabilities - Borrowings Current - secured bank bill facilities Non-current - secured bank bill facilities Total borrowings 2012 $’000 102 102 2012 $’000 55,580 - 55,580 2011 $’000 71 71 2011 $’000 2,900 54,980 57,880 The bill facilities are secured by registered first mortgages over the freehold land and buildings (refer to Note 11). During the financial year $2,300,000 of debt has been repaid to the Trust’s lenders. On 9 July 2012, the Trust repaid a further $1,080,000 to reduce the debt to $54.5 million. The Trust borrowings of $55,580,000 (at 30 June, now $54,500,000) is classified as a current liability as it has a term to maturity of less than 12 months. The facility is outside of its loan to value ratio covenant (direct property to debt – currently 67% against a covenant of 65%) and the Judgment disclosed in the Director’s Report constitutes a review event or breach under the facility. The Trust’s debt facilities are based on the following terms: (cid:120) Total facilities are due for renewal in 30 April 2013. (cid:120) Facilities incur an all up margin of around 3.25%, including credit margin and treasury margin. (cid:120) Amortisation of $600,000 quarterly until expiry. $29 million of the borrowings are hedged at fixed interest rates. Refer to Note 15 for further details. The average interest rate on the facility for the year was 7.76% (2011: 7.81%.) 15. Current and Non-current Liabilities – Derivative Financial Instruments Current - derivative financial instruments Non-current - derivative financial instruments Total derivative financial instruments 2012 $’000 1,069 - 1,069 2011 $’000 - 129 129 The Trust is a party to derivative financial instruments in the normal course of business in order to hedge exposure to fluctuations in interest rates. The Trust has entered into interest rate swap contracts to protect part of the interest bearing liabilities ($29 million) from exposure to increasing interest rates. The gain or loss from remeasuring the hedging instruments at fair value is recognised in profit or loss. The increase from June 2011 to June 2012 is a result of the reduction in interest swap rates over the financial year. The terms of the hedges are: (cid:120) (cid:120) (cid:120) $10 million swapped at 5.22% to 9 June 2014. $9 million swapped at 4.22% to 10 November 2014. $10 million swapped at 5.26% to 1 June 2014. 38 38 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 16. Provision Provision for litigation costs Total provision 2012 $’000 19,000 19,000 2011 $’000 - - TFML (as P-REIT’s Responsible Entity) is a defendant in a Supreme Court action initiated by the MPS. The proceedings relate to a series of transactions entered into before TFML became Responsible Entity of P- REIT. On 10 August 2012 judgment was entered against TFML for approximately $17.8 million including Judgment court interest (to the date of Judgment) but excluding costs. Further information on the Judgment can be found in the Review of Operations section of the Directors’ Report. TFML is appealing the decision, however given the Judgment, a provision for litigation claim of $19 million (including a plaintiff’s cost estimate of $1.2 million), has been included in the accounts. 17. Distributions There were no distributions paid or declared for the year ended 30 June 2012 (2011: $nil). 18. Earnings / (Loss) Per Unit Basic and diluted earnings/(loss) per unit Calculated as follows: Profit /(loss) for the year Weighted average number of units for basic and diluted earnings per unit 19. Auditors’ Remuneration Remuneration of ESV (the auditor of the Trust) for: - auditing or reviewing the financial statements for the Trust - taxation and compliance services Total auditors’ remuneration 2012 ($0.07) 2011 $0.01 ($15,526,000) $1,596,000 207,524,039 146,682,705 2012 $’000 51 19 70 2011 $’000 46 15 61 20. Lease Commitments Receivable Future minimum rental receivable under non-cancellable operating leases as at 30 June are as follows: Lease commitments receivable: - receivable within 1 year - receivable within 2 – 5 years - receivable more than 5 years Total lease commitments receivable 2012 $’000 7,788 22,501 30,080 60,369 2011 $’000 7,740 24,929 32,618 65,287 There are no operating lease commitments payable or any other capital commitments as at 30 June 2012 (2011: Nil). 39 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 39 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 21. Reconciliation of Operating Cash Flows Profit/(loss) for the year Non-cash flows in profit: - Unrealised (gains)/losses on investments - Straightlined rental income - Loss on sale of financial assets - Litigation expenses Changes in assets and liabilities: (Increase)/decrease in trade and other receivables Increase/(decrease) in trade and other payables Increase in other liabilities Net cash flows from operating activities 2012 $’000 (15,526) 151 (539) 9 19,000 (295) 199 32 3,031 2011 $’000 1,596 (185) (339) - 38 (191) 18 937 22. Contingent Assets and Contingent Liabilities There are no other contingent liabilities or contingent assets as at 30 June 2012. 23. Subsequent Events On 9 July 2012 $1.08 million of borrowings was repaid to the Trust’s lender (refer to Note 14). On 10 August 2012 Judgment was entered against TFML as P-REIT’s Responsible Entity in a Supreme Court action initiated by MPS. For full disclosure refer to the Directors’ Report and Note 16. Other than the other matters referred to in these financial statements, to the best knowledge of the Directors, there have been no other matters or circumstances that have arisen since the end of the year that have materially affected or may materially affect the Trust’s operations in future financial years, the results of those operations or the Trust’s state of affairs in future financial years. 24. Controlled Entities Name Parent entity: P-REIT Controlled entity of parent entity: Yandina Sub-trust Country of incorporation Percentage Owned 2011 % 2012 % Australia Australia 100 100 100 100 40 40 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 25. Related Party Transactions (a) Related Entities The Trust is managed by TFML Limited as Responsible Entity (changed on 9 May 2012 from RFML Limited now known as Zhaofeng Funds Management Limited) and investment manager. BlackWall Property Funds Limited is the ultimate parent of TFML Limited. The Directors of TFML Limited are key management personnel of the Trust. The names of persons holding position of Directors of Zhaofeng Funds Management Limited and TFML Limited during the year until the signing of this report unless otherwise stated are: Zhaofeng Funds Management Limited Joseph (Seph) Glew Stuart Brown Tim Brown (b) Interests in Related Parties TFML Limited Joseph (Seph) Glew Stuart Brown Robin Tedder Richard Hill During the year the Trust owned units in the following funds. The funds and the Trust have a common Responsible Entity or Investment Manager, TFML Limited. Fund BlackWall Storage Fund BlackWall Pub Group BlackWall Penrith Fund No. 2 WRV Unit Trust Unitholdings (units) 2012 - 22,923,810 1,050,000 175,000 2011 260,000 22,923,810 1,000,000 125,000 24,148,810 24,308,810 Distribution Received ($’000) 2011 2012 18 26 - - 93 85 - 10 111 121 The Trust also holds Bakehouse Bonds with a fair value of $30.353 million (refer to Note 9). (c) Related Entity Transactions In accordance with the terms of the Trust Constitution and the product disclosure statement, the Responsible Entity and Investment Manager is entitled to receive a management fee based on 0.65% p.a. of the value of the Trust’s assets. 41 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 41 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 25 Related Party Transactions (continued) (c) Related Entity Transactions (continued) The Custodian is remunerated for the performance of its duties. Custody fee is calculated at the greater of $15,000 p.a. or 0.025% p.a. of the gross asset value of the Trust, plus GST. All transactions with related parties were made on normal commercial terms and conditions and at market rates, and were approved by the Board where applicable. Related party transactions that occurred during the year other than those described in (a) to (c) above are as follows: Income Other income (*) Expenses Remuneration paid to Responsible Entity / Investment Manager Remuneration paid to Custodian Property management, leasing fees, accounting fees, and expense reimbursements Capital raising and refinance fees Architectural fees * The income was later provided for in full as at 30 June 2012. Outstanding Balances with Related Parties Payables to related parties 2012 $’000 297 790 23 497 - 10 1,320 2012 $’000 81 2011 $’000 - 696 19 308 375 9 1,407 2011 $’000 35 (d) Other Related Party Transactions Related party transactions that occurred during the year other than those described above are as follows: Date of transaction 1 April 2012 Purchaser/Seller Fund Units Purchased / (Sold) No. BlackWall Property Funds Ltd /P-REIT BlackWall Storage Fund (48,160) Total Consideration Paid/(Received) $’000 (53) 29 June 2012 Alerik Pty Ltd /P-REIT BlackWall Storage Fund (135,110) 29 June 2012 Alerik Pty Ltd /P-REIT BlackWall Telstra House Trust (87,856) (149) (88) 42 42 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 26 Parent Entity Disclosures The following summarises the financial information of the Trust’s parent entity, P-REIT, as at and for the year ended 30 June 2012. Results: Profit/(loss) for the year Other comprehensive income/(loss) Total comprehensive income/(loss) for the year Financial position: Current assets Non-current assets Total assets Current liabilities Non-current liabilities Total liabilities Net assets attributable to unitholders 2012 $’000 (15,526) (602) (16,128) 2,022 120,555 122,577 (75,681) - (75,681) 46,896 2011 $’000 1,596 353 1,949 991 121,668 122,659 (3,326) (56,261) (59,587) 63,072 Other than as disclosed in Note 22, the parent entity had no contingencies at 30 June 2012 (2011: Nil). The parent entity has not entered into any capital commitments as at 30 June 2012 (2011: Nil). 27 Directors and Key Management Personnel (a) Directors and key management personnel relevant interests Key management personnel include all Directors and Chief Financial Officer of the Responsible Entity (refer to the Directors’ Report). The Directors and key management personnel have relevant interests in units of the Trust as set out in the following table: Joseph (Seph) Glew Stuart Brown Robin Tedder Richard Hill Tim Brown Total shareholding Balance at 30 June 2011 No. ’000 8,957 854 - - - 9,811 Net change * No. ’000 43,183 - 4,482 - 20 47,685 Balance at 30 June 2012 No. ’000 52,140 854 4,482 - 20 57,496 * Net change refers to changes in relevant interests in units during the financial year. (b) Key management personnel compensation No salary, cash bonus or monetary benefit was paid out of the Trust’s assets to any key management personnel during the year (2011: Nil). 43 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 43 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 28 Financial Risk Management (a) Financial risk management The main risks the Trust are exposed to through its financial instruments are market risk (including interest rate risk and price risk), credit risk and liquidity risk. The Trust's principal financial instruments are financial assets and borrowings (including derivative financial instruments). Additionally, the Trust has various other financial instruments such as cash, trade debtors and trade creditors, which arise directly from its operations. This note presents information about the Trust's exposure to each of the above risks, their objectives, policies and processes for measuring and managing risk, and the management of capital. The Board of Directors of the Responsible Entity have overall responsibility for the establishment and oversight of the risk management framework. They monitor the Trust’s risk exposure by regularly reviewing finance and property markets. Major financial instruments held by Trust which are subject to financial risk analysis are as follows: Financial assets Available-for-sale financial assets Financial liabilities Borrowings (b) Market risk (i) Interest rate risk 2012 $’000 37,451 55,580 2011 $’000 38,309 57,880 The Trust has exposure to market risk for changes in variable interest rates on borrowings. This risk is managed by the Trust by entering into hedging transactions with financial institutions to protect part of the borrowings ($29 million) as detailed in Note 15. The major available-for-sale financial asset - the Trust’s $30 million interest in Bakehouse Bonds is subject to a fixed coupon rate of 5.5% p.a., and as a result is not directly exposed to the interest rate risk. However the Bonds’ value is linked to inflation and therefore affected by the inflation rate. The Trust’s exposure to interest rate risk, which is the risk that a financial instrument’s value will fluctuate as a result of changes in market interest rates, and the effective weighted average interest rates on borrowings is as follows. 30 June 2012 30 June 2011 Weighted average effective interest rate % 7.76 Weighted average effective interest rate % 7.81 Balance $’000 (55,580) Balance $’000 (57,880) Borrowings 44 44 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 28 Financial Risk Management (continued) (b) Market risk (continued) (i) Interest rate risk (continued) Sensitivity analysis At 30 June, if interest rates on borrowings had moved (after hedging effects), as illustrated in the table below, with all other variables held constant, profit would have been affected as follows: Movement in interest rates + 1.0% - 0.5% Net profit Higher / (Lower) 2012 $’000 (552) 276 2011 $’000 (562) 281 (ii) Price risk The Trust is not exposed to any major price risk except for a material change in the property valuation of the Bakehouse Quarter, which could potentially lead to a decrease in the Bakehouse Bonds’ value. With all other variables held constant, the Bonds’ value will only decrease should the current property value decrease by more than 29%, which is highly unlikely. (c) Credit risk The Trust is not exposed to any major credit risk except for the Bakehouse Bonds. The credit risk for the Bakehouse Bonds is of the same nature as the price risk described above. (d) Liquidity risk The Trust is exposed to the following major liquidity risks: 1. Borrowings that are due for renewal within 12 months, are currently in breach due to the loan to direct property value ratio and the Judgment, however, management is confident that the borrowings will be renewed. In addition, the Trust repaid $1.08 million on 9 July 2012 to reduce the borrowings to $54.5 million. Refer to Note 14 for further details. 2. Ability to realise assets – Refer to going concern paragraph under Note 1 as to management’s view on the Trust’s ability to realise assets. 45 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 45 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 28 Financial Risk Management (continued) (d) Liquidity risk (continued) At the end of the reporting period, the Trust held the following financial arrangements: At 30 June 2012 Financial assets Cash and cash equivalents Trade and other receivables Available-for-sale financial assets Financial assets at FVTPL Financial liabilities Trade and other payables Other liabilities Derivative financial instruments Borrowings Provision for litigation costs At 30 June 2011 Financial assets Cash and cash equivalents Trade and other receivables Available-for-sale financial assets Financial assets at FVTPL Financial liabilities Trade and other payables Other liabilities Derivative financial instruments Borrowings Maturing within 1 year $’000 Maturing 1 – 5 years $’000 Maturing over 5 years $’000 1,306 455 - - 1,761 525 102 1,069 55,580 19,000 76,276 - - 7,098 917 8,015 - - - - - - - - 30,353 - 30,353 - - - - - - Maturing within 1 year $’000 Maturing 1 – 5 years $’000 Maturing over 5 years $’000 450 75 - - 525 411 71 - 2,900 3,382 - - 8,309 2,522 10,831 - - 129 54,980 55,109 - - 30,000 - 30,000 - - - - - Total $’000 1,306 455 37,451 917 40,129 525 102 1,069 55,580 19,000 76,276 Total $’000 450 75 38,309 2,522 41,356 411 71 129 57,880 58,491 46 46 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 28 Financial Risk Management (continued) (d) Liquidity risk (continued) P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 28 Financial Risk Management (continued) (e) Fair value measurements AASB 7 Financial Instruments: Disclosures requires disclosure of fair value measurements by level of the following fair value measurement hierarchy: (cid:120) Quoted prices (unadjusted) in active markets for identical assets or liabilities (Level 1), (cid:120) (cid:120) Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly (as prices) or indirectly (derived from prices) (Level 2), and Inputs for the asset or liability that are not based on observable market data (unobservable inputs) (Level 3). The following table presents the Trust’s financial assets and liabilities measured at fair value as at 30 June. Refer to Note 2 for further details of assumptions used and how fair values are measured. Level 1 $’000 Total balance $’000 Level 3 $’000 Level 2 $’000 At 30 June 2012 Available-for-sale financial assets - Unquoted equities - Debt instruments Financial assets at FVTPL Derivative financial instruments At 30 June 2011 Available-for-sale financial assets - Unquoted equities - Debt instruments Financial assets at FVTPL Derivative financial instruments - - - - - - - - 7,098 30,353 917 38,368 (1,069) 7,098 30,353 917 38,368 (1,069) Level 1 $’000 Level 2 $’000 Level 3 $’000 Total balance $’000 - - - - - - - - - - 8,309 30,000 2,522 40,831 (129) 8,309 30,000 2,522 40,831 (129) The following table is a reconciliation of the movements in financial assets classified as Level 3 for the year ended 30 June: At 30 June 2012 Balance at the beginning of the year Purchases Disposals/redemptions Fair value movement Balance at the end of the year Financial assets at FVTPL $’000 2,522 - - (1,605) 917 Available-for- sale financial assets $’000 38,309 149 (405) (602) 37,451 Level 3 Total $’000 40,831 149 (405) (2,207) 38,368 47 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 47 At the end of the reporting period, the Trust held the following financial arrangements: At 30 June 2012 Financial assets Cash and cash equivalents Trade and other receivables Available-for-sale financial assets Financial assets at FVTPL Financial liabilities Trade and other payables Other liabilities Derivative financial instruments Borrowings Provision for litigation costs At 30 June 2011 Financial assets Cash and cash equivalents Trade and other receivables Available-for-sale financial assets Financial assets at FVTPL Financial liabilities Trade and other payables Other liabilities Derivative financial instruments Borrowings Maturing Maturing within 1 year $’000 1 – 5 years $’000 Maturing over 5 years $’000 7,098 917 8,015 30,353 30,353 1,306 455 - - 1,761 525 102 1,069 55,580 19,000 76,276 - - - - - - - - Maturing Maturing within 1 year $’000 1 – 5 years $’000 Maturing over 5 years $’000 8,309 2,522 30,000 525 10,831 30,000 450 75 - - 411 71 - 2,900 3,382 - - - - 129 54,980 55,109 - - - - - - - - - - - - - - - - - Total $’000 1,306 455 37,451 917 40,129 525 102 1,069 55,580 19,000 76,276 Total $’000 450 75 38,309 2,522 41,356 411 71 129 57,880 58,491 46 P-REIT ARSN 109 684 773 Notes to the Consolidated Financial Statements For the Year Ended 30 June 2012 28 Financial Risk Management (continued) (e) Fair value measurements (continued) At 30 June 2011 Balance at the beginning of the year Purchases Disposals Fair value movement Balance at the end of the year Financial assets at FVTPL $’000 - 3,439 - (917) 2,522 Available-for- sale financial assets $’000 5,000 36,956 (4,000) 353 38,309 Level 3 Total $’000 5,000 40,395 (4,000) (564) 40,831 The fair value of available-for-sale financial assets and financial assets at FVTPL is determined by reference to the net assets of the underlying entities. All these instruments are included in Level 3. There were no transfers between Level 1, 2 and 3 financial instruments during the year. For all other financial assets and liabilities carrying value is an approximation of fair value. 48 48 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 P-REIT Managed by Directors’ Declaration Directors’ Declaration In the opinion of the Directors of TFML Limited, the Responsible Entity of P-REIT: (a) the financial statements and notes set out on pages 21 to 48 are in accordance with the Corporations Act 2001, including: (i) complying with Accounting Standards, the Corporations Regulations 2001 and other mandatory professional reporting requirements, and (ii) giving a true and fair view of the consolidated entity’s financial position as at 30 June 2012 and of its performance for the financial year ended on that date, and (b) there are reasonable grounds to believe that the Trust will be able to pay its debts as and when they become due and payable. Note 1 confirms that the financial statements also comply with International Financial Reporting Standards as issued by the International Accounting Standards Board. The Directors of the Responsible Entity have been given the declarations by the Chief Executive Officer and Chief Financial Officer required by section 295A of the Corporations Act 2001. This declaration is made in accordance with a resolution of the Board of Directors of the Responsible Entity. Stuart Brown Director Sydney, 30 August 2012 49 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 49 Independent Auditor’s Report 50 P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 Independent Auditor’s Report (continued) P-REIT - Consolidated Financial Statements For The Year Ended 30 June 2012 51 Consolidated Financial ReportFor The Year Ended 30 June 2012Managed By:Level 1, 50 Yeo Street Neutral Bay, NSW 2089Responsible Entity: TFML LimitedABN 39 079 608 825

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