Innate Pharma
Annual Report 2021

Plain-text annual report

19 August 2021 Appendix 4E and 2021 Annual Report Attached is a copy of the IPH Limited Appendix 4E and 2021 Annual Report. A printed version of the report will be sent to shareholders who have requested a copy. The report is also available on the Company’s website at www.iphltd.com.au. For more information, please contact: Martin Cole Capital Markets Communications T. +61 403 332 977 Authorised for release to ASX by: The Board of Directors IPH Limited About IPH Limited IPH is the Asia Pacific’s leading intellectual property services group, comprising a network of member firms working in eight IP jurisdictions and servicing more than 25 countries. The group includes leading IP firms AJ Park, Griffith Hack, Pizzeys, Shelston IP and Spruson & Ferguson, online IP services provider Applied Marks, and the autonomous timekeeping business, WiseTime. IPH employs more than 900 people working in Australia, China, Hong Kong SAR, Indonesia, Malaysia, New Zealand, Singapore and Thailand. IPH Limited | Level 24, Tower 2, Darling Park, 201 Sussex St, Sydney NSW 2000 | ABN 49 169 015 838 | iphltd.com.au 1 iphltd.com.au 2021 Annual Report Year ended 30 June 2021 Contents About IPH FY21 Year in Review Corporate Directory Directors’ Report Financial Statements Independent Auditor’s Report Shareholder Information 4 8 15 17 47 85 90 iphltd.com.au 2021 Annual Report 3 About IPH No 1 Patent group in Australia, New Zealand and Singapore2 No 1 Trade mark group in Australia and New Zealand3 8IP jurisdictions 900+ Employees1 25+Countries serviced 1) Approximate employee numbers as at 30 June 2021 2) IPH Management estimate based on patent filing data: Australia (IP Australia) – FY21 as at 13/07/21; Singapore (IPOS) – CY21 YTD Jun (preliminary) as at 5/08/21; New Zealand (IPONZ) – FY21 as at 14/07/21. 3) IPH Management estimate based on trade mark filing data: Australia (IP Australia) – FY21 as at 15/07/21 based on market share of top 50 agents; New Zealand (IPONZ) – FY21 as at 10/08/21. iphltd.com.au 2021 Annual Report 4 7 brands About our business IPH is Asia Pacific’s leading intellectual property services group, comprising a network of member firms operating in eight intellectual property jurisdictions and servicing more than 25 countries. The group includes leading IP firms AJ Park, Griffith Hack, Pizzeys, Shelston IP and Spruson & Ferguson, online IP services provider Applied Marks and the automated timekeeping business, WiseTime. Member firms provide services for the protection, commercialisation, enforcement and management of all forms of intellectual property including patents, trade marks and designs. Clients include some of the world’s leading companies, multi-nationals, universities, public sector research organisations, foreign associates and other corporate and individual clients. The group employs more than 900 people working in Australia, China, Hong Kong SAR, Indonesia, Malaysia, New Zealand, Singapore and Thailand. IPH’s vision is to be the leading IP services group in secondary markets. IPH listed in 2014. iphltd.com.au 2021 Annual Report 5 New visual identity for IPH In February, IPH launched a new visual brand identity to reflect the growing network. The decision to rebrand was part of a focus on evolving into a more active network in the Asia Pacific region. IPH’s new mark is designed to visually represent the power generated by individual firms working as a network, enabling them to deliver more opportunities for more clients in more markets and to access scale that helps us work smarter. With the ‘network effect’ at the core of our visual brand identity, the new IPH brand supports the broader IPH strategic direction which is to grow the network, amplifying the network effect. Our story IPH was formed in 2014 with the vision to grow to be the leading IP services group in secondary markets. Key to this strategy has been growth by acquiring and integrating firms and businesses that share our values, employ highly skilled professionals and have leading positions in the market they serve. Together with our member firms we bring to life ‘the network effect’. The network effect gives clients a seamless way to enter more international markets, helps us make group-scale investments in technology and processes so we can work smarter and creates a multi-national pool of talent. Since 2014 we have acquired a number of firms across Australia, New Zealand and Asia. We have consolidated a number of businesses so that our network consists of strong brands that lead the markets they serve. The IPH Group is currently made up of five IP attorney firms plus two firms delivering services to the IP market and adjacent markets. Our strategy is focused on organic growth, consolidating acquisitions and investing in new international and domestic businesses. iphltd.com.au 2021 Annual Report 6 Network acquisition history Nov 2014 IPH lists on the ASX with Spruson & Ferguson as the founding business Apr 2015 IPH acquires IP data analysis & software applications businesses Practice Insight and WiseTime May 2015 IPH acquires Australian IP firm Fisher Adams Kelly Sep 2015 IPH acquires Australian IP firm Pizzeys Nov 2015 IPH firm Fisher Adams Kelly acquires the business of Australian IP firm Callinans Mar 2016 Opening of Spruson & Ferguson Indonesia May 2016 Opening of Spruson & Ferguson Thailand Jun 2016 IPH acquires Australian IP firm Cullens Nov 2016 IPH acquires Ella Cheong Hong Kong and Beijing Jun 2017 Opening of Spruson & Ferguson Melbourne Oct 2017 IPH acquires AJ Park in New Zealand Jul 2018 Merger of Fisher Adams Kelly Callinans and Cullens with Spruson & Ferguson Aug 2019 IPH acquires Xenith IP Group Limited including Australian firms Shelston IP, Griffith Hack and Watermark May 2020 Divestment of Glasshouse Advisory R&D tax and EMDG practices to Grant Thornton Jul 2020 Integration of IPH Group businesses Watermark and Griffith Hack completed Oct 2020 IPH firm AJ Park acquires New Zealand IP firm Baldwins IP Jul 2021 IPH acquires Australian online IP services business Applied Marks iphltd.com.au 2021 Annual Report 7 FY21 Year in Review Chairman’s Letter Dear Shareholder, IPH delivered a strong underlying result in FY21 which once again demonstrates the resilience of our business in the current environment. FY21 results IPH reported a Statutory Net Profit After Tax (NPAT) of $53.6 million for FY21 compared to $54.8 million for the prior year. Diluted Earnings Per Share were 24.7 cents, down 4 per cent on the prior year. Statutory earnings included the negative impact of the higher Australian dollar compared to the prior year. On a like for like basis, (which removes the impact of currency impacts and new business acquisitions) Group Underlying EBITDA increased by 10 per cent. The Directors declared a final dividend of 15.5 cents per share, 40 per cent franked, bringing the full year dividend to 29.5 cents per share, compared to 28.5 cents per share for the prior year. The full year dividend is in line with the Board’s dividend policy to pay 80-90 per cent of cash NPAT as dividends. More detail on our financial results is contained within the CEO Report and Operating and Financial Review. Strong financial position maintained IPH retains a strong balance sheet to manage through the current environment while maintaining investments which support our strategy for medium term growth. Net debt at 30 June 2021 was $45 million, down 34 per cent on the prior year, with a conservative leverage ratio (Net Debt / EBITDA) of 0.4 times. Strategic progress IPH continues to make significant progress in our strategy to be the leading IP services group in secondary IP markets and adjacent areas of IP. We further strengthened our presence and client service offering in New Zealand through AJ Park’s acquisition of intellectual property firm, Baldwins Intellectual Property (Baldwins) in October 2020. The successful integration of Baldwins into AJ Park provides our merged businesses greater depth of expertise, enhanced career opportunities for our people and provides clients with access to a complementary team of experienced IP professionals in other global jurisdictions. On 1 July 2021, IPH announced the acquisition of Applied Marks Pty Ltd. Applied Marks is a leading Australian online automated trade mark application platform, also providing automated registration and intelligence services relating to companies and domain names, both directly to customers and through channel partners. This acquisition strengthens our position in automated IP services and accelerates our digital strategy with the resources and technology contributing to a new digital services function within the group Sustainability IPH remains committed to sustainable practices throughout our business. We recognise that a sustainable business is one that provides a safe, rewarding and diverse environment for our people, while operating in an environmentally and socially responsible manner. This year, we are pleased to confirm that IPH’s approach to sustainability contributes to progressing a number of the United Nations Sustainable Development Goals (UNSDGs). The UNSDGs are a set of 17 goals that are based on human rights and define global sustainable development priorities and aspirations for 2030. By contributing to the UNSDGs, IPH is contributing to sustainability in a global context. More information about our continued progress on sustainability can be found in our Sustainability Report which is available on the IPH website. Conclusion I would like to acknowledge IPH’s Managing Director and CEO, Dr Andrew Blattman, his leadership team, and all our people across the IPH Group for their dedication and efforts in FY21. The Company has once again delivered a strong result, while continuing to make significant progress in our strategy. IPH continues to develop its network and strong platform for further growth to generate enhanced shareholder value. I would like to thank our shareholders for your ongoing support of IPH Limited. Kind regards, Richard Richard Grellman AM Non-executive Chairman IPH Limited iphltd.com.au 2021 Annual Report 9 Financial Highlights Revenue A$363.5m Operating Cashflow A$92.6m EBITDA 1 A$113.3m Earnings Per Share 2 24.7c NPAT A$53.6m Full Year Dividend 29.5c 1) Earnings before Interest, Tax, Depreciation and Amortisation 2) Diluted Earnings Per Share iphltd.com.au 2021 Annual Report 10 CEO’s Report In a market which continued to be disrupted by the ongoing impact of COVID-19 and a higher Australian dollar compared to the prior year, IPH delivered a strong underlying result in FY21 and provided increased returns to shareholders. FY21 Results Underlying Earnings Before Interest, Tax, Depreciation and Amortisation (EBITDA) was $124.3 million, down slightly from $126.0 million in the prior year. Underlying revenue for the year decreased by 2 per cent to $363.5 million while Underlying Net Profit After Tax (NPAT) was $76.2 million compared to $77.7 million for the prior year. However, on a like-for-like basis (which removes the impact of acquisitions and the effect of the higher Australian dollar in FY21) IPH reported a strong result. The continued market disruption of COVID-19 impacted the top line with like-for-like revenue declining by 2 per cent. However, underlying like-for-like EBITDA increased by 10 per cent as a result of IPH’s ongoing successful strategy to integrate acquisitions and capture synergies to deliver margin accretion, together with the continued leverage of our leading network of IP operations across the region. Group Underlying like-for-like EBITDA margin increased by 12 per cent. In our Asian IP business, like-for-like revenue increased by 3 per cent and like-for-like EBITDA improved by 8 per cent. EBITDA margin increased by 5 per cent. Like-for-like revenue in IPH’s Australian and New Zealand IP businesses declined by 3 per cent. However, the delivery of cost synergies from the successful Xenith IP integration and other measures resulted in a 7 per cent lift in like-for- like EBITDA and an 11 per cent improvement in Underlying EBITDA margin. The main contribution to this increase was the 39 per cent improvement in Underlying EBITDA margin of the former Xenith IP business to 28 per cent compared to 20 per cent when we acquired the business in 2019. Market conditions IPH maintains its leading patent market share positions in Australia, New Zealand and Singapore. In Australia, total patent filings (excluding innovation patents which cease to be available from August 2021) increased by 2.6 per cent for the period. IPH Group’s filings (including Baldwins IP on a pro-forma basis and excluding innovation patents) declined by 4.8 per cent. This was an improvement from our update at the AGM where filings had declined by ~8 per cent and the half year result (5.7 per cent decline). While we experienced some expected disruption from the integration of Griffith Hack and Watermark, IPH Group filings continued to improve in the second half of the year. IPH remains the market leader in Australia with combined group patent market share (including Baldwins IP on a proforma basis and excluding innovation patents) of 36.2 per cent for the year to 30 June 2021. iphltd.com.au 2021 Annual Report 11 Removing the effect of a significant increase of one client filing in the prior year, IPH experienced patent filing growth of 8.4 per cent across its key Asian jurisdictions (excluding Singapore) in FY21, with growth across all key jurisdictions (except Vietnam). Filings declined by 5 per cent when this client’s filings are included in the prior year comparison. China and Hong Kong SAR continued to perform well with patent filing growth of 12 per cent and 10 per cent respectively. In Singapore, IPH Group strengthened its number one patent market share of 25.9 per cent for the period ending 30 June 2021 with a 1 per cent increase in patent filings, despite a strong comparative prior period which included the closure of the foreign route system. The overall trade mark market in Australia increased by 18 per cent. Excluding self-filers, the market increased by 24 per cent. IPH trade mark filings increased by 8 per cent and the Group maintains its number one trade mark market position in Australia with 20 per cent share of filings from the top 50 agents. Strategic progress IPH’s strategy is focused on organic growth, consolidating acquisitions and pursuing growth step-out opportunities. During FY21 the Company made continued progress in each of these areas. We continued to leverage our leading network in IP jurisdictions across the Asia Pacific region with an increase in client referrals leading to organic growth. The consolidation of the Xenith IP and Baldwins IP acquisitions is generating synergies which is driving earnings growth and margin accretion whilst enhancing our full service offering to clients. More recently, the acquisition of Applied Marks Pty Ltd accelerates our digital capability while allowing us to address the retail online trade mark market. It also bolsters IPH’s ability to participate in the online automated IP services space and will support IPH in evolving its traditional trade mark offering in line with the changing market. Over time we expect to harness this digital expertise in related areas of IP across the regions where we operate. Our autonomous time-keeping software application, WiseTime, was enhanced through the development and addition of a billing module called Legebill. Both the original application and this new functionality have seen an increase in interest from existing and prospective customers. Focus on our people We continue to focus on attracting, motivating, developing, and retaining our people across the group. At the senior level, we were pleased to appoint a new Chief Commercial Officer for IPH in July 2021, while new Managing Directors were appointed in Spruson & Ferguson, Griffith Hack and AJ Park and a General Manager in Pizzeys during the year. FY21 was a record year for promotions for the IPH group with 35 promotions across member firms, including 11 Principal appointments. The breadth and depth of promotions across the member firms highlights the collective strength of talent across the group. IPH continues to invest in the future of the IP profession with 32 trainee attorneys across the group as at 30 June 2021. Summary During FY21 IPH demonstrated our ability to continue to create enhanced value from acquisitions and the right-sizing of our acquired businesses to achieve a more efficient operating model. I want to acknowledge and thank all our people across IPH for their hard work and dedication during the year. We are building a stronger platform with increased operational leverage for further growth. At the same time IPH maintains a solid financial position with low gearing and consistent cash generation which enables us to assess further growth options, including potential international acquisition opportunities in core secondary IP markets. Kind regards, Andrew Dr Andrew Blattman CEO and Managing Director IPH Limited iphltd.com.au 2021 Annual Report 12 IPH Board of Directors The Board of Directors bring relevant experience and skills to the governance of IPH, including professional services, financial management, legal services and corporate governance. Richard Grellman AM Dr Andrew Blattman Independent Non-executive Chairman CEO and Managing Director FCA BScAgr (Hons 1), PhD, GraDipIP Richard was appointed independent Non-executive Chairman in September 2014. Richard worked for KPMG for 32 years, mostly within the Corporate Recovery Division and was a Partner from 1982 to 2000. Richard is currently the Tribunal of the Statutory and Other Officers Remuneration Tribunal (SOORT), appointed by the Governor of NSW. Richard is also Chairman of FBR Ltd, Lead Independent Director of F45 Training Holdings Inc (NYSE) and Lead Independent Director of the Salvation Army in Australia. Andrew has more than 20 years’ experience in the intellectual property profession. Previously he was CEO of Spruson & Ferguson, the largest entity in the IPH Limited group. Andrew joined Spruson & Ferguson in 1995 and in 1999 he was appointed as a Principal of the firm. In 2015 Andrew was appointed CEO of Spruson & Ferguson. Under his leadership Spruson & Ferguson significantly expanded its footprint in the Australian and Asian IP markets – opening new offices in Melbourne, Beijing, Hong Kong SAR, Jakarta and Bangkok. Richard was also formerly Chairman of Genworth Mortgage Insurance Limited, Chairman of Bisalloy Steel Group Ltd (2014- 2020), Chairman of the AMP Foundation, Chairman of SuperConcepts Pty Ltd (AMP) and Director of the National Health and Medical Research Council Institute for Dementia Research. Since Spruson & Ferguson’s incorporation and the listing of IPH on the Australian Securities Exchange in 2014, Andrew has played a key role in the development and growth of the IPH group. He has a deep knowledge and understanding of the IPH business and the environment in which the company operates. iphltd.com.au 2021 Annual Report 13 John Atkin Robin Low Jingmin Qian Independent Non-executive Director Independent Non- executive Director Independent Non-executive Director BCom, FCA, GAICD BEc, MBA, CFA, FAICD Robin was appointed as a Non-executive Director in September 2014. Jingmin was appointed as a Non-executive Director in April 2019. Robin is a Director of AUB Group Limited, Appen Limited, Marley Spoon AG, Australian Reinsurance Pool Corporation, Gordian Runoff Limited/Enstar Australia Holdings Pty Ltd (part of the NASDAQ listed Enstar Group), Guide Dogs NSW/ACT and the Sax Institute. Robin is also on the University of New South Wales audit committee and was formerly Deputy Chairman of the Auditing and Assurance Standards Board. Robin was with Pricewaterhouse Coopers for 28 years and was a partner from 1996 to 2013, specialising in audit and risk. Jingmin is a Director of Abacus Property Group, Trustee of Club Plus Super, a member of Macquarie University Council, a Director of the Australia China Business Council, Director of the Foundation for Australian Studies in China and a Director of the CFA Society of Beijing. She is also a senior advisor to leading global and Australian organisations and Director of Jing Meridian Advisory Pty Ltd. Jingmin previously held senior roles with L.E.K. Consulting, Boral Limited and Leighton Holdings, and brings a broad range of commercial experience covering strategy, mergers and acquisitions, capital planning, investment review and Asian expansion. LLB (1st Class Hons), BA (Pure Mathematics) (1st Class Hons), FAICD John was appointed as a Non-executive Director in September 2014. John is Chairman of the Australian Institute of Company Directors, and Qantas Superannuation Limited. He is a Director of Integral Diagnostics Limited, Commonwealth Bank Officers Superannuation Corporation Pty Limited and is Vice Chairman of Outward Bound International Inc. John is a former Chief Executive Officer and Managing Director of The Trust Company Limited (2009-2013) prior to its successful merger with Perpetual Limited, a former non-executive director of Aurizon Holdings Limited (2010- 2016), and former Chairman of GPT Metro Office Fund (2014- 2016). John was also Managing Partner and Chief Executive of Blake Dawson (2002-2008). He also worked at Mallesons Stephen Jaques as a Mergers & Acquisitions Partner for 15 years (1987-2002). iphltd.com.au 2021 Annual Report 14 Note: Directors’ profiles as at August 2021 Corporate Directory Corporate Directory Directors Mr Richard Grellman AM - Chairman Dr Andrew Blattman Mr John Atkin Ms Robin Low Ms Jingmin Qian Company Secretary Mr Philip Heuzenroeder Notice of Annual General Meeting Registered office IPH will hold its 2021 Annual General Meeting on Thursday 18 November 2021, commencing at 10.30am (AEDT). Level 24, Tower 2, Darling Park 201 Sussex Street, Sydney NSW 2000 Tel: 02 9393 0301 Fax: 02 9261 5486 Principal place of business Level 24, Tower 2, Darling Park 201 Sussex Street, Sydney NSW 2000 Share register Auditor Solicitors Link Market Services Limited Level 12, 680 George Street, Sydney NSW 2000 Tel: 1300 554 474 Deloitte Touche Tohmatsu Level 9, Grosvenor Place 225 George Street, Sydney NSW 2000 Watson Mangioni Lawyers Pty Limited Level 23, 85 Castlereagh Street, Sydney NSW 2000 Stock exchange listing IPH Limited shares are listed on the Australian Securities Exchange (ASX code: IPH) Website www.iphltd.com.au Corporate Governance Statement The Corporate Governance Statement has been approved by the Board of Directors and can be found at www.iphltd.com.au iphltd.com.au 2021 Annual Report 16 Directors’ Report The Directors present their report, together with the financial statements, of the consolidated entity (referred to hereafter as the ‘Group’) consisting of IPH Limited (referred to hereafter as the ‘Company’ or ‘Parent Entity’) and the entities it controlled at the end of, or during, the year ended 30 June 2021. IPH is the leading intellectual property (“IP”) services group in the Asia-Pacific region offering a wide range of IP services and products to a diverse client base including some of the world’s leading companies, multi-nationals, universities, public sector research organisations, foreign associates and other corporate and individual clients. IPH was the first IP services group to list on the Australian Securities Exchange. 1. Directors The following persons were Directors of IPH Limited during the whole of the financial year and up to the date of this report, unless otherwise stated: Name Office Mr Richard Grellman, AM Non-executive Chairman Dr Andrew Blattman Managing Director and Chief Executive Officer Mr John Atkin Ms Robin Low Non-executive Director Non-executive Director Ms Jingmin Qian Non-executive Director 1.1 Information on Directors The skills, experience, and expertise of each person who is a director of the Company at the end of the financial year is provided below, together with details of the company secretary as at year end. Name: Title: Richard Grellman AM Non-executive Chairman (appointed 23 September 2014) Qualifications: FCA Experience and expertise: Richard worked for KPMG for 32 years and was a Partner from 1982 to 2000. Richard is currently the Tribunal of The Statutory and other Officers Remuneration Tribunal (SOORT), appointed by the Governor of NSW in 2014. Other current directorships: Richard is Chairman of FBR Ltd and Lead Independent Director of F45 Training Holdings Inc (NYSE). Richard is also Lead Independent Director of Salvation Army in Australia. Former directorships (last 3 years) Chairman of the AMP Foundation (2012 – 2018), Bisalloy Steel Group Ltd (2014 - 2020) and SuperConcepts Pty Ltd (AMP) (2012 – 2019). Interests in shares: 54,108 Special responsibilities: Chairman. Member – Nominations and Remuneration Committee Annual Financial Report iphltd.com.au 2021 Annual Report 18 Page 3 Name: Title: Dr Andrew Blattman Managing Director and Chief Executive Officer (appointed 20 November 2017) Qualifications: BScAgr (Hons 1), PhD, GraDipIP Experience and expertise: Andrew has more than 20 years’ experience in the intellectual property profession. Previously he was CEO of Spruson & Ferguson, the largest entity in the IPH Limited group. Andrew joined Spruson & Ferguson in 1995 and in 1999 he was appointed as a Principal of the firm. In 2015 Andrew was appointed CEO of Spruson & Ferguson. Under his leadership Spruson & Ferguson significantly expanded its footprint in the Australian and Asian IP markets – opening new offices in Melbourne, Beijing, Hong Kong SAR, Jakarta and Bangkok. Since Spruson & Ferguson’s incorporation and the listing of IPH on the Australian Securities Exchange in 2014, Andrew has played a key role in the development and growth of the IPH group. He has a deep knowledge and understanding of the IPH business and the environment in which the company operates. Memberships of Professional Associations: FIPTA, APAA, AIPPI, FICPI and IPSANZ Other current directorships: St Paul’s College Foundation Interests in shares: 2,323,751 Special responsibilities: CEO Name: Title: John Atkin Non-executive Director (appointed 23 September 2014) Qualifications: LLB (1st Class Hons), BA (Pure Mathematics) (1st Class Hons), FAICD Experience and expertise: Other current directorships: Former directorships (last 3 years) John is a former Chief Executive Officer and Managing Director of The Trust Company Limited (2009 - 2013) prior to its successful merger with Perpetual Limited, a former non-executive director of Aurizon Holdings Limited (2010-2016), and former Chairman of GPT Metro Office Fund (2014- 2016). John was also Managing Partner and Chief Executive of Blake Dawson (2002 - 2008). He also worked at Mallesons Stephen Jaques as a Mergers & Acquisitions Partner for 15 years (1987 - 2002). John is Chairman of the Australian Institute of Company Directors, and Qantas Superannuation Limited, and Vice Chairman of Outward Bound International Inc. He is a director of Integral Diagnostics Limited. Commonwealth Bank Officers Superannuation Corporation Pty Limited Interests in shares: 121,053 Special responsibilities: Chairman - Nominations and Remuneration Committee. Member - Audit Committee, Risk Committee Annual Financial Report iphltd.com.au 2021 Annual Report 19 Page 4 Name: Title: Robin Low Non-executive Director (appointed 23 September 2014) Qualifications: BCom, FCA, GAICD Experience and expertise: Other current directorships: Robin was with PricewaterhouseCoopers for 28 years and was a Partner from 1996 to 2013, specialising in audit and risk. Robin is a Director of AUB Group Limited, Appen Limited, Marley Spoon AG, Australian Reinsurance Pool Corporation, Gordian Runoff Limited/Enstar Australia Holdings Pty Ltd (part of the NASDAQ listed Enstar Group), Guide Dogs NSW/ACT and the SAX Institute. Robin is also a member of the University of New South Wales audit committee and is a former Deputy Chairman of the Auditing and Assurance Standards Board. Former directorships: CSG Limited Interests in shares: 74,214 Special responsibilities: Chairman - Audit Committee. Member - Nominations and Remuneration Committee, Risk Committee Name: Title: Jingmin Qian Non-executive Director (appointed 1 April 2019) Qualifications: BEc, MBA, CFA, FAICD Experience and expertise: Other current directorships: Jingmin previously held senior roles with L.E.K. Consulting, Boral Limited and Leighton Holdings, and brings a broad range of commercial experience covering strategy, mergers and acquisitions, capital planning, investment review and Asian expansion. Jingmin is a Director of Abacus Property Group, Trustee of Club Plus Super, a member of Macquarie University Council, a Director of the Australia China Business Council and a Director of the Foundation for Australian Studies in China. She is also a senior advisor to leading global and Australian organisations and Director of Jing Meridian Advisory Pty Ltd. Interests in shares: Nil Special responsibilities: Chairman - Risk Committee. Member – Audit Committee, Nominations and Remuneration Committee The non-executive directors hold no interest in options, performance rights or contractual rights to the securities of IPH Limited as at the date of this report. Annual Financial Report iphltd.com.au 2021 Annual Report 20 Page 5 1.2 Meetings of Directors The number of meetings of the Company’s Board of Directors (‘the Board’) held during the year ended 30 June 2021, and the number of meetings attended by each Director were: Name Board of Directors Nominations and Remuneration Committee Audit Committee Risk Committee Attended Held Attended Held Attended Held Attended Held Richard Grellman AM Andrew Blattman John Atkin Robin Low Jingmin Qian 9 9 9 9 9 9 9 9 9 9 3 - 3 3 3 3 - 3 3 3 - - 4 4 4 - - 4 4 4 - - 3 3 3 - - 3 3 3 Held: represents the number of meetings held during the time the Director held office. Whilst not a member of the committees Andrew Blattman was in attendance except in circumstances of a conflict of interest. 2. Company secretary Philip Heuzenroeder, BEc, LLB, LLM, GAICD (Order of Merit). Mr Heuzenroeder was appointed Group General Counsel and Company Secretary on 29 April 2016. He is a solicitor with over 25 years professional experience working in private practice and in-house, with experience in a broad range of areas of law including commercial law, competition law, ICT, intellectual property and litigation. Philip was formerly a Principal of Spruson & Ferguson Lawyers and was a director of the Cure Brain Cancer Foundation from 2013 to 2017. 3. Principal activities During the year the principal activities of the Group consisted of: • IP services related to provision of filing, prosecution, enforcement and management of patents, designs, trademarks and other IP in Australia, New Zealand, Asia and other countries; • the development of autonomous timekeeping software under a subscription licence model whereby the software is licensed and paid for on a recurring basis. There were otherwise no significant changes in the nature of activities of the Group during that period. 4. Operational and Financial Review 4.1 Operations and financial performance The summary financial analysis below shows the results on a statutory and underlying basis. The Directors believe it is important to include the financial information on an underlying basis as this reflects the ongoing or underlying activities of the Group and excludes items that are not expected to occur frequently and do not form part of the core activities of the Group. Annual Financial Report iphltd.com.au 2021 Annual Report 21 Page 6 The FY21 underlying earnings of the Group have been determined by adjusting statutory earnings amounts to eliminate the effect of amortisation of intangible assets, business acquisition costs, restructuring expenses, non-cash share based payments expenses, impairments and IT SaaS implementations costs. A summary of adjustments is outlined in section 4.1.1. Revenue declined by 2% to $363.5m, driven by organic growth in Asia, offset by the negative impact of a higher Australian dollar in FY21 compared to the prior year. Statutory EBITDA was flat at $113.3m, compared to $113.2m in FY20. Underlying EBITDA declined by 1% to $124.3m from $126.0m for the prior year. The Group reported a statutory net profit after tax of $53.6m; a decline of 2% on the prior year’s result of $54.8m. Underlying net profit after tax decreased by 2% to $76.2m compared to the prior year. Annual Financial Report iphltd.com.au 2021 Annual Report 22 Page 7 Australia and New Zealand IP Underlying revenue in the Australia and New Zealand IP segment declined by 1% to $275.7m. In Australia, total patent filings (excluding innovation patents which cease to be available from August 2021) increased by 2.6% for the period. IPH Group’s filings (including Baldwins IP on a pro-forma basis and excluding innovation patents) declined by 4.8%, however, excluding the impact of the reset of the merged Griffith Hack into a higher margin and more profitable business, IPH’s filings increased by 0.7%. IPH remains the market leader in Australia with combined group patent market share (including Baldwins IP on a proforma basis and excluding innovation patents) of 36.2% for the year to 30 June 2021. Underlying EBITDA decreased by 2% to $93.3m which includes the impact of unfavourable foreign exchange movements. On a like for like basis revenue declined by 3%. However, the delivery of cost synergies from the successful Xenith integration resulted in a 7% uplift in like-for-like EBITDA. The main contribution to this increase was the improvement in Underlying EBITDA margin of the former Xenith IP business to 28%. Asian IP Revenue in the Asian IP segment declined by 6% to $96.1m. On a like for like basis revenue increased by 3%. Like for like Underlying EBITDA improved by 8%. Total filings across IPH’s key Asian jurisdictions (excl Singapore) declined by 5% in FY21. However, the prior year included a significant increase in filings from one client filing across multiple jurisdictions. Removing the effect of this one client, IPH experienced patent filing growth of 8% with growth across all key jurisdictions (except Vietnam). China and Hong Kong, SAR continued their improved performance from the first half with year on year patent filing growth of 12% and 10% respectively For the first half of CY21, the Group has strengthened its number one patent market share position in Singapore (all patent applications filed in Singapore). Adjacent Businesses The Group continues to invest in WiseTime, an autonomous time-keeping software application. In FY21 the product offering was enhanced through the development and addition of a billing module called Legebill. Both the original application and this new functionality have seen an increase in interest from existing and prospective customers. Movements in FX Rates Foreign exchange rates used to translate earnings throughout the period were: AUD/USD AUD/EUR AUD/SGD Year End Average Year End Average Year End Average FY19 FY20 0.7022 0.7153 0.6176 0.6270 0.9500 0.9765 0.6877 0.6712 0.6124 0.6069 0.9591 0.9283 Movement 6.2% 3.2% 4.9% FY21 0.7507 0.7472 0.6320 0.6262 1.0095 1.0055 Movement (11.3%) (3.2%) (8.3%) Annual Financial Report iphltd.com.au 2021 Annual Report 23 Page 8 The average exchange rates incurred in FY21 had an adverse effect on the reported results compared to those incurred during FY20. A one cent movement in the AUD/USD equates to a c$1.9m movement in service charges (revenue), the majority of which falls to the EBITDA line. 4.1.1 Adjustments to Statutory Results The internal reporting that is regularly provided to the chief operating decision makers includes financial information prepared on both a statutory and underlying basis. It is considered important to include the financial information on an underlying basis as this reflects the ongoing or underlying activities of the Group and excludes items that are not expected to occur frequently and do not form part of the core activities of the Group. Adjustments to the statutory EBITDA for FY21 have been made for: • Business acquisition costs – costs incurred in the pursuit of acquisitions which have been completed, not ultimately pursued or are currently in progress. • New business establishment costs – costs of establishing new offices. • Restructuring expenses – costs of restructuring across the Group. In the current year these predominately related to the integration of Xenith IP and Baldwins businesses. • Share based payments – accounting charges for the share-based incentive plans. • IT systems implementation costs - one off costs associated with the implementation of new SaaS based general ledger and HRIS. This is new for FY21 following clarification of the treatment of upfront configuration and customisation costs incurred in implementing SaaS arrangements by the IFRS Interpretations Committee (IFRIC) . Previous treatment would be to capitalise these costs which would subsequently flow through the statement of profit & loss as amortisation. 4.2 Business model, strategy and outlook 4.2.1 Business model IPH Limited is an intellectual property group operating a number of professional services businesses providing intellectual property services (“IP Services”). In FY21 it also operated the WiseTime business, an autonomous time- keeping software application. In IPH’s IP Services businesses in Australia, New Zealand and Asia, revenue is derived from fees charged for the provision of professional IP Services by each firm as related to securing, enforcing and managing IP rights in the country (directly or through an agent) in which registration is sought by the client. The business model allows IPH to generate recurring revenue streams throughout all stages of the IP lifecycle from its long-standing and diverse client base. Factors that affect the performance of the business include, amongst others, the performance of the global and Australian economies, client activity levels, competitor activity, and the regulatory environment in which the services are provided. 4.2.2 Strategy IPH vision, mission and values From the Company’s foundation and listing on the ASX in November 2014, IPH has been pursuing its vision of becoming the leading IP group in IP secondary markets and adjacent areas of IP. From its origins in 1887 as Spruson & Ferguson, IPH’s success continues to be underpinned by the key drivers and values at the core of our businesses, which remain unchanged: • Excellence in service delivery to our clients • Innovation in value creation • Integrity in business practices Annual Financial Report iphltd.com.au 2021 Annual Report 24 Page 9 • Efficiency and effectiveness in operations • Empowerment and engagement of our people Value creating growth strategies IPH’s seeks to achieve its goals through implementation of strategic initiatives in five key areas: • Australian and New Zealand IP businesses • Asia IP businesses • Other secondary IP markets • Adjacent to IP markets • Business improvements and operations Australian and New Zealand IP businesses A key objective of all IPH’s Australia and New Zealand businesses is to continue to organically grow the volume of filings, market share and revenue across all disciplines, and to invest in providing superior service to global customers consistent with the longstanding strength and reputation of its brands, AJ Park, Griffith Hack, Pizzeys, Shelston IP and Spruson & Ferguson. IPH’s Australia and New Zealand businesses are also an important part of the Asian growth strategy in that they are a valuable source of filings and revenue into IPH’s Asian business. The successful acquisition of the Xenith IP businesses in August 2019 and subsequent integration provides an additional opportunity for professionals in these businesses to offer a pan-Asian filing solution to their clients. Asian IP businesses Asia has been a key part of the Group’s strategy since the opening of the Singapore office in 1997. In recent years IPH has supported its Asian growth strategy with the opening of offices in Thailand and Indonesia and expanding into China and Hong Kong through the acquisition of Ella Cheong Hong Kong and Beijing (re-branded Spruson & Ferguson). The expansion provides a strong platform to extend the provision of IP services to new geographical areas for existing clients and an improved multi-country service offering for potential new clients. The key focus for IPH’s Asian business is to leverage existing infrastructure for further organic growth. IPH will continue to assess potential organic and M&A opportunities in Asia as they arise. Other secondary IP markets IPH has adopted a strategic and disciplined approach to the assessment of any potential M&A opportunities in Asia- Pacific and other secondary IP markets. First and foremost, the growth opportunities are evaluated on the extent to which they help to achieve IPH’s strategic objectives. IPH continues to evaluate potential acquisition opportunities in international secondary markets. Business improvements and operations The Group will continue to focus on the optimisation of all IPH’s businesses with a view to extract operational efficiencies and improve the quality of service for our clients. 4.2.3 FY22 priorities IPH’s strategic priorities include maintaining its leading positions in Australia, New Zealand and Singapore, and seeking to expand in other secondary market jurisdictions. The completion of integration of Baldwins IP into AJ Park provides IPH with a strong opportunity to leverage its position in that market. The Company will continue to build on its positive momentum in leveraging its Asian network to expand organic revenue opportunities and grow market share in high growth markets across the region. Annual Financial Report iphltd.com.au 2021 Annual Report 25 Page 10 As announced on 1 July 2021 the Company acquired Applied Marks Pty Ltd, a leading online automated trade mark application platform. This acquisition strengthens IPH’s position in automated IP services and enhances its digital strategy. IPH maintains a solid financial position with low gearing and consistent cash generation which enables the Company to continue to assess further growth options, including potential international acquisition opportunities in core secondary IP markets. 4.3 Risks During FY21 the Company took steps to identify, assess and manage risks in accordance with its risk management framework. This section provides a summary of the material risks identified by the Company which may have an impact on the Company’s ability to achieve its operational, financial and strategic targets and the Company’s approach to the management of such risks. Risk Description Management of risk Strategic planning and implementation The Company conducts its operations in a market that has undergone significant changes with the development of corporatised service providers, which the market continues to adjust to. This provides the Group with both opportunities and risks requiring development and communication of a clear strategic vision and objectives. The Board is closely involved in identifying, reviewing and confirming strategic objectives and reviewing implementation, including assessing opportunities and risks, and in providing direction to management. Competition and changing market conditions The sectors in which the Company operates are subject to vigorous competition, based on factors including price, service, innovation and the ability to provide the customer with an appropriate range of IP services in a timely manner. Scope exists for market conditions to change over time reflecting economic, political or other circumstances. Regulatory environment The Company is subject to significant regulatory and legal oversight. Effective client service, comprising a high level of expertise at competitive prices delivered in a timely manner. The IPH Group continues to implement leading IT systems to support client services. Regular marketing visits or, where travel is not possible, virtual meetings or other forms of communication, to maintain and develop client relationships and understand potential changes in client needs, and internal and external pressures. IPH also provides a broad range of IP services and its operations are geographically widespread, reducing exposure to any one form of IP country or jurisdiction in which it operates. Senior executives ensure that all regulatory and legal issues affecting IPH’s business are monitored and that any changes to the business operations necessary to comply with regulatory and legal changes are undertaken in a timely manner. Careful management and oversight of the Group’s internal case management system. Compliance with a professional work approval process for outgoing work. The approval process is correlated to the complexity and level of potential risk associated with the work. Annual Financial Report iphltd.com.au 2021 Annual Report 26 Page 11 Risk Description Management of risk Regulatory reforms The Group’s service offerings are subject to changes to government legislation, regulation and practices including particularly, if implemented, proposals to streamline multi- jurisdictional patent filing and examination processes. The Company is proactive in any review or evaluation of regulations likely to affect its operations materially, and works with regulators or review authorities to ensure a clear understanding of facts and circumstances, and consideration of all stakeholder perspectives. Personnel The Company depends on the talent and experience of its personnel. The loss of any key personnel, or a significant number of personnel generally may have an adverse effect on the Company including loss of knowledge and relationships. Employee costs represent a significant component of the Group’s total cost base. Disintermediation, adjacent service providers and third party aggregation The Group acts as an intermediary agent between its clients and IP offices. The removal of intermediaries in the IP application and registration process would have an adverse impact on the Group. It is possible that third party service providers that currently only provide services with respect to limited aspects of IP protection may seek to extend their relationships with clients into other aspects of the provision of IP services that the Group currently services causing a diminution of relationships with clients. Third party aggregators, such as third parties offering IP provider “brokerage”-like services may have an adverse impact on the Group’s relationships with clients Case management and technology systems The Group’s internally customised systems represent an important part of its operations upon which the Group is reliant. The Company seeks to offer its services in a range of secondary markets. Many of these markets have less developed IP regulations and systems, and require translations into languages other than English, and are therefore less likely to be affected by such proposals if they were to be implemented than developed or primary markets. Other factors which help safeguard the Company’s role are effective technology, excellent client service and efficient operations and the likely need for IP applicants to continue to be required to record a local address for service of documents with the local IP office for examination and prosecution purposes. The Company also continues to consider the development of revenue streams from adjacent markets. Retention practices including conducting regular employee surveys and implementing initiatives to improve the employee experience, appropriate remuneration, incentive programmes (both short and long term having regard to appropriate key performance indicators), retention awards, working environment and rewarding work. Learning and development programs are in place to attract, develop and build the capability of our workforce to meet our current and future needs of clients. Remove single point of failure by where practicable maintaining relationships with clients through multiple contact points. Dilute the dependency on personnel by providing value-add services through technology. Careful management of staff numbers and salary levels and consideration of resourcing requirements as the Company grows. IPH’s intermediary role is safeguarded by clients’ reliance on the Group’s expertise (both general IP expertise and local expertise) and regulatory barriers such as exclusive rights of patent attorneys to provide various IP related services and requirements for IP applicants to record a local address for service of documents with the local IP office. Other factors which help safeguard the Company’s intermediary role are effective technology, excellent client service and efficient operations. The Company also seeks to offer its services in a range of secondary markets. Many of these markets have less developed IP regulations and systems and require translations into languages other than English and are therefore less likely to be affected by disintermediation or expansion by other providers. The “network effect” provided by the Group in bringing together a portfolio of member firms supported by leading infrastructure and providing services across multiple jurisdictions may reduce the risk of disintermediation and third party aggregation and may provide an opportunity for the Group to secure its own additional clients. The Company has established business continuity plans and procedures and maintains system back up and maintenance processes. The Company conducts appropriate reviews of its information technology systems, operations and human resourcing, and its management of cyber risk. The Company continually invests in system enhancements and engages quality third party suppliers to assist with its systems development and maintenance. The Company’s transition of its IT systems to offsite ‘cloud-based’ systems enables centralised oversight and standardisation of processes. Annual Financial Report iphltd.com.au 2021 Annual Report 27 Page 12 Risk Description Management of risk Technology disruption The increasing use of electronic systems and processes and technology by regulatory authorities in some markets may provide opportunities for technology disruption in the industry. Foreign exchange risk The Group’s financial reports are prepared in Australian dollars. However, a substantial proportion of the Group’s sales revenue, expenditure and cash flows are generated in, and assets and liabilities are denominated in US dollars, Euros and Singapore dollars. Conflict of duties Australian and New Zealand patent and trademark attorneys are required to abide by the Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018 (Code of Conduct) that requires them to act in accordance with the law, in the best interests of their client, in the public interest, and in the interests of the registered attorney’s profession as a whole. There may be circumstances in with the Company is required to act in accordance with these duties contrary to other corporate responsibilities and against the interests of shareholders and the short term profitability of IPH. An amendment to the Code of Conduct may affect the manner in which the Group conducts its activities, particularly with the expansion of the Group to include additional member firms. Standardisation, removal of technical debts and the introduction of IT change control stabilises the systems and improves reliability. The need for the Company’s services is safeguarded by the reliance of target clients on the Group’s expertise (both general IP expertise and local expertise) and regulatory barriers such as exclusive rights of patent attorneys to provide various IP related services, and requirements for IP applicants to record a local address for service of documents with the local IP office. Targeted acquisitions of new technologies also increase the services offered by the Group. Other factors which help safeguard the Company against technology disruption include its own investment in and awareness of effective technology development, and in efficiency in operations. The Company also seeks to offer its services in a range of secondary markets. Many of these markets have less developed IP regulations and electronic systems, are less advanced technologically and require technical translations into languages other than English. The Company monitors the foreign currency exposures that arise from its foreign currency revenue, expenditure and cash flows and from the foreign currency assets and liabilities held on its balance sheet. The Company undertakes regular sensitivity analyses of these exposures. The Company has foreign currency hedging facilities available as part of its bank facilities and has engaged in appropriate use of foreign currency denominated finance facilities to reduce exposure. The Chief Financial Officer regularly reports to the Board in respect of the Company’s foreign currency exposures. The Board reviews its hedging policy in respect of the foreign currency exposures from time to time. Currently the Group does not directly hedge against its foreign currency exchange risk. The Company has been proactive in any review or evaluation of regulations likely to affect its operations materially and works with regulators or review authorities to ensure a clear understanding of facts and circumstances, and consideration of all stakeholder perspectives. The Company has sought detailed advice on issues of conflict of interest and compliance with related professional obligations. The Company actively assists its member firms to implement appropriate processes and procedures for compliance, including relevant professional standards bodies’ Codes of Conduct and Professional Rules. Professional liability and uninsured risks The provision of patent and trademark services and legal services by the Company gives rise to the risk of potential liability for negligence or other similar client or third party claims. The Company maintains file management processes which are highly automated, safeguarded, controlled and regularly reviewed. The Company has comprehensive quality assurance processes to ensure appropriate standards of professional work are maintained. The Group has in place a comprehensive insurance programme which includes professional indemnity insurance. To support its professional indemnity insurance arrangements, the Group has internal processes to ensure timely notification to the underwriters of any potential claim arising from its business activities. Annual Financial Report iphltd.com.au 2021 Annual Report 28 Page 13 Risk Description Management of risk Acquisitions The Company’s growth strategy may include the acquisition of other IP businesses. Risks arise in ensuring that potential acquisitions are appropriately selected and issues affecting the value of individual acquisitions are identified and reflected in the purchase considerations. The Company assesses potential acquisition opportunities against the Company’s strategic objectives, values and culture. Where an appropriate potential acquisition is identified the Company undertakes an extensive due diligence process and, where appropriate, engages competent professional experts to assist with the due diligence process and appropriate documentation of the transaction. The Company’s Board is involved in the review of, and approves, all corporate acquisitions. Integration of acquired businesses Following the acquisition of new businesses, risks arise in ensuring the acquired business is properly integrated into the IPH Group, that people and culture issues that may arise are addressed, key staff retained and value maintained. The Company seeks to identify potential post-acquisition risks when assessing potential acquisitions including for cultural fit and matching of expectations, and to mitigate such risks by appropriate transaction and post-acquisition management structures. Steps are taken following acquisition to review and ensure appropriate on-boarding of new acquisitions with IPH governance, policies, processes and practices and levels of financial control and reporting, and to integrate Company and Group approaches to retention of key staff and utilisation of appropriate information technology platforms. The integration of new acquisitions is regularly reviewed by the Company’s Board and relevant Board Committees. Management of an expanded group With the expansion of the Group to include new businesses with multiple offices and across multiple jurisdictions risk may arise with respect to ensuring the appropriate structuring and resourcing of key management and shared services functions and appropriate reporting and oversight of Group operations. As the Group expands, with the oversight of the Board, the Company reviews and adapts existing management structures to ensure appropriate oversight, reporting requirements, support and resourcing is in place, and that the Company is attracting, retaining and motivating appropriate skilled personnel. Global or regional economic, health or physical events Risk may arise as a result of global or regional events in the nature of natural disasters or other physical events, global or regional health events, including the global Covid- 19 Pandemic, or global or regional economic shocks which may impact on the level of demand for IP services by clients and their ability to provide or confirm instructions, the capability and timing for IP regulatory authorities to accept, review and progress the prosecution of IP rights, and the ability of the Group to provide its services. The nature of the Group’s customer base means that it receives revenue from a large number of customers located in a range of jurisdictions such that no one customer accounts for more than a small percentage of the overall revenue of the Group. Further much of the demand for patent related services arises from research and development programmes conducted over longer periods that are likely to be less susceptible to economic impacts in the short term. The IP prosecution process also generally extends over longer timeframes and is usually subject to certain fixed milestone steps which are known in advance and required to be met to preserve rights, providing a degree of protection against short term decisions to cease or delay prosecution. The Company has established business continuity plans and procedures. The Company’s transition of its IT systems to offsite ‘cloud-based’ systems enables remote conduct of its business by employees, where required. Similarly, the ability of many customers and IP offices to continue their core operations in a remote environment facilitates ongoing provision of instructions and responses. As part of its COVID-19 pandemic, response the Company has implemented comprehensive COVID-19 response and safety plans across all offices to ensure the ongoing safety and wellbeing of our people, our clients and our communities. Member firms have implemented a range of initiatives to ensure continued connectivity and interaction with their clients, and the Company and member firms monitor the impact of the pandemic on business activity so that appropriate responses can be implemented. Annual Financial Report iphltd.com.au 2021 Annual Report 29 Page 14 5. Remuneration report (audited) 5. Remuneration report (audited) Introduction from the Nominations and Remuneration Committee Chair Introduction from the Nominations and Remuneration Committee Chair Dear Shareholders, Dear Shareholders, On behalf of the Board, I am pleased to present the Remuneration Report for the 2021 financial year. On behalf of the Board, I am pleased to present the Remuneration Report for the 2021 financial year. Last year’s Remuneration Report supplied significant detail as to the evolution of the group’s remuneration strategy Last year’s Remuneration Report supplied significant detail as to the evolution of the group’s remuneration strategy since listing which resulted in the alignment of the CEO’s remuneration in line with market as well as that of the since listing which resulted in the alignment of the CEO’s remuneration in line with market as well as that of the Chairman and Non-executive directors. This historical context has not been repeated this year. Chairman and Non-executive directors. This historical context has not been repeated this year. As foreshadowed in our last Annual Report, in light of the uncertain global outlook, annual pay reviews were delayed for As foreshadowed in our last Annual Report, in light of the uncertain global outlook, annual pay reviews were delayed for key management personnel (KMP) including the IPH Executive in FY21 (with the exception of promotions and key management personnel (KMP) including the IPH Executive in FY21 (with the exception of promotions and addressing anomalies). In January 2021 it was decided that FY21 KMP remuneration would remain at FY20 levels. For addressing anomalies). In January 2021 it was decided that FY21 KMP remuneration would remain at FY20 levels. For FY22, executive KMP fixed remuneration has increased by 2.0%, in addition to the increase in the Superannuation FY22, executive KMP fixed remuneration has increased by 2.0%, in addition to the increase in the Superannuation Guarantee cap. Pay review decisions for the KMP were informed by external benchmarking conducted by third party Guarantee cap. Pay review decisions for the KMP were informed by external benchmarking conducted by third party remuneration consultants which will be detailed later in the report. remuneration consultants which will be detailed later in the report. Despite the impact of FX headwinds on reported results, and the lingering impact of Covid-19 the Group exceeded its Despite the impact of FX headwinds on reported results, and the lingering impact of Covid-19 the Group exceeded its budgeted EBITDA target for STIP purposes on a constant currency basis. Pleasingly, the Group’s three year EPS budgeted EBITDA target for STIP purposes on a constant currency basis. Pleasingly, the Group’s three year EPS CAGR exceeded 9% resulting in an LTIP payout of the FY19 grant of approximately 63%. CAGR exceeded 9% resulting in an LTIP payout of the FY19 grant of approximately 63%. Additions to the FY21 Remuneration Report Additions to the FY21 Remuneration Report During the year I have had the opportunity to meet with shareholders and proxy advisors to receive their feedback on During the year I have had the opportunity to meet with shareholders and proxy advisors to receive their feedback on remuneration matters and seek to address any issues arising from the FY20 report, where appropriate. The following remuneration matters and seek to address any issues arising from the FY20 report, where appropriate. The following matters raised have been addressed in the body of the report: matters raised have been addressed in the body of the report: • Inclusion of EBITDA targets on a retrospective basis for KMP STI metrics and outcomes; and • Inclusion of EBITDA targets on a retrospective basis for KMP STI metrics and outcomes; and • further information on the award of STIP based upon non-financial KPIs for the KMP. • further information on the award of STIP based upon non-financial KPIs for the KMP. As the Company continues to grow and mature, we will continue to review the remuneration framework and settings for As the Company continues to grow and mature, we will continue to review the remuneration framework and settings for all executives and professional staff, including KMP, to ensure its ability to attract, motivate and retain the talent all executives and professional staff, including KMP, to ensure its ability to attract, motivate and retain the talent necessary to run the business, and simultaneously drive behaviour that aligns with the creation of sustainable necessary to run the business, and simultaneously drive behaviour that aligns with the creation of sustainable shareholder value. shareholder value. We look forward to your support and welcome your feedback on our Remuneration Report. We look forward to your support and welcome your feedback on our Remuneration Report. Yours sincerely, Yours sincerely, John Atkin John Atkin Nominations and Remuneration Committee Chair Nominations and Remuneration Committee Chair Annual Financial Report iphltd.com.au Annual Financial Report 2021 Annual Report 30 Page 2 Page 2 The Remuneration Report details the key management personnel (‘KMP’) remuneration arrangements for the Group, in accordance with the requirements of the Corporations Act 2001 and its Regulations. KMP are those persons having authority and responsibility for planning, directing and controlling the activities of the Group, directly or indirectly, including all Directors. The Remuneration Report is set out under the following main topics: • Overview of Executive Remuneration Framework and Guiding Principles • Overview of Executive Remuneration • 2021 Remuneration Outcomes • Overview of Non-Executive Director Remuneration • Details of Remuneration of Key Management Personnel • Service Agreements • Additional Disclosures Relating to Key Management Personnel 5.1 Overview of Executive Remuneration Framework and Guiding Principles The objective of the Group’s executive reward framework is to ensure reward for performance is competitive and appropriate for the results delivered. The framework aligns executive reward with the achievement of strategic objectives and the creation of value for shareholders. The Board of Directors (the Board) ensures that executive reward satisfies the following key criteria for good reward governance practices: • competitiveness, fairness and reasonableness; • acceptability to shareholders and other stakeholders; • performance linkage and alignment of executive compensation with remuneration provided across the Group; and • transparency. The Nominations and Remuneration Committee (‘NRC’) is responsible for reviewing and making recommendations to the Board on remuneration packages and policies related to the Directors and other KMP and to ensure that the remuneration policies and practices are consistent with the Group’s strategic goals and people objectives. The performance of the Group depends on the quality of its directors and other KMP. The remuneration philosophy is to attract and retain high quality people and motivate high performance. The NRC has structured an executive remuneration framework that is market competitive and complementary to the strategy of the Group. a) Alignment to shareholders’ interests: • focuses on sustained growth in earnings per share as well as focusing the executive on key non-financial drivers of value; and • attracts and retains high calibre executives. b) Alignment to participants’ interests: • rewards capability and experience; • reflects competitive reward for contribution to growth in shareholder wealth; and • provides a clear structure for earning rewards. Annual Financial Report iphltd.com.au 2021 Annual Report 31 Page 3 Aon Hewitt was engaged by the NRC to provide remuneration advice and other valuation services in relation to the KMP, but did not provide the NRC with remuneration recommendations as defined under Division 1, Part 1.2, 9B(1) of the Corporations Act 2001 (Cth). The Board was satisfied that advice received was free from any undue influence by KMP to whom the advice may relate because strict protocols were observed and complied with regarding any interaction between Aon Hewitt and management, and because all remuneration advice was provided to the NRC Chair. 5.2 Overview of Executive Remuneration The Group aims to reward executives with a level and mix of remuneration based on their position and responsibility, which has both fixed and variable components. The executive remuneration and reward framework for executive KMP for FY21 had the following components: • base salary, short and long-term incentives and non-monetary benefits; and • other remuneration such as superannuation and long service leave. The combination of these comprises the executive KMP’s total remuneration. In broad terms, fixed remuneration is set at or above median market levels compared to peers with similar revenues and market capitalisation, while the short-term at-risk component is set at below median levels. The Board believes that the “at-risk” component should be weighted towards long-term incentives, to align with long-term value creation for shareholders. Fixed Remuneration Fixed remuneration, consisting of base salary, superannuation and non-monetary benefits, are reviewed annually by the NRC, based on individual performance, the overall performance of the Group and comparable market remuneration. Executives may receive their fixed remuneration in the form of cash or other fringe benefits (for example, motor vehicle benefits) where it does not create any additional costs to the Group and provides additional value to the executive. In light of the uncertain global outlook and with reference to external benchmarking, KMP remuneration remained at FY20 levels in FY21. For FY22, the Board reviewed the CEO’s remuneration against available remuneration benchmarks for like businesses and roles provided by Aon Hewitt. The Board has also considered the composition of remuneration in terms of the mix of fixed, and short and long-term at-risk incentives. Following such review, the Directors increased the KMP’s fixed remuneration by 2.0%, in addition to the Superannuation Guarantee cap. Variable Remuneration Short and long-term incentives remained at 33% for the CEO and 25% for the CFO, with a stronger focus on alignment through the long-term incentives at 100% for the CEO and 75% for the CFO. Incentives continue to be reviewed annually by the NRC. The mix of remuneration is illustrated below: Remuneration Mix Andrew Blattman 43% 14% 43% John Wadley 50% 12% 38% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Fixed STI LTI Annual Financial Report iphltd.com.au 2021 Annual Report 32 Page 4 Long term incentive Under the long-term incentive plan, the CEO and CFO are issued Performance Rights which entitle the holder at the Vesting Date to an equivalent number of Shares subject to satisfying defined vesting conditions. Performance Rights will vest on the Vesting Date subject to the Company’s achievement of a minimum compound annual growth rate (CAGR) in Earnings Per Share over the Performance Period. EPS performance will be assessed on the basis of the Company’s EPS performance during the relevant Performance Period compared to the EPS targets for that period as determined by the Board. The Board will determine a target for EPS for the Performance Period (EPS Target) and a minimum target for EPS for the Performance Period (Minimum EPS Target) prior to any issue from year to year. For vesting to occur, EPS for the Performance Period must be at least equal to the Minimum EPS Target. In the prior year, the Board had reviewed the Long-Term Incentive (LTI) Earnings Per Share (EPS) targets, taking into account shareholder feedback and appropriate levels of growth for IPH to pursue in the markets in which the Group operates. As a result, the LTI targets for the KMP as outlined below were re-calibrated to align with internal objectives and external expectations whilst maintaining an appropriate level of stretch. The Board also considered in the past the possible inclusion of an additional performance conditions based on alternative measures including those based upon capital returns however assessed they were not appropriate for inclusion. The Board will ensure that management continues to apply a disciplined approach to investing the Group’s capital when evaluating acquisitions and other investment opportunities. The table below outlines how Performance Rights issued in calendar 2021 (the FY22 Plan) will vest based on the Company’s EPS performance over the Performance Period (measured by calculating the CAGR between EPS for FY21 and EPS for FY24. EPS in FY24 Percentage of Performance Rights that Vest Less than 5% CAGR in EPS over the Performance Period Equal to 5% CAGR in EPS over the Performance Period Nil vesting 25% vesting CAGR in EPS greater than 5%, up to and including 12.5% Pro-rated vesting on a straight-line basis CAGR in EPS over the Performance Period At or above 12.5% CAGR in EPS over the Performance Period 100% vesting Dividends will not be paid on Performance Rights. Annual Financial Report iphltd.com.au 2021 Annual Report 33 Page 5 5.3 2021 Remuneration Outcomes The Group aims to align its Executive remuneration to its strategic objectives and the consequences on shareholder’s financial wealth. The evolution of the Group’s remuneration policy aligns with the growth in the business in the last five financial years as summarised below: 2017 2018 2019 2020 2021 NPAT (‘000) 42,893 40,673 53,112 54,752 53,600 EPS (cents per share) Underlying EPS (cents per share) 22.5 26.7 20.8 26.4 26.9 31.7 25.9 24.8 36.6 35.0 Dividends Paid (‘000) 40,924 42,823 51,360 61,015 62,432 Total Dividends (cents per share) Share Price (30 June closing price) 22.0 22.5 25.0 28.5 29.5 $4.80 $4.45 $7.46 $7.46 $7.80 Return of Capital (‘000) - 2,727 - - - 2021 STIP Outcomes – Summary of plan design Financial KPI – The KMP (maximum 50% of STIP Opportunity) have the attainment of the Group Underlying EBITDA budget (on an FX adjusted or constant currency basis) as their financial target. Group Underlying EBITDA was selected as it is the most common measure used to assess the group’s financial performance. Strategic KPI’s – The KMP (maximum 50% of STIP Opportunity) have the attainment of a number individual objectives in line with the Board approved strategy of: • Consolidation of acquisitions; organic growth; and growth step-outs. (30%) • People and culture (20%) 2021 STIP Outcomes – Performance commentary The Group achieved an Underlying EBITDA of $124.3M despite FX headwinds. The average AUD/USD rate in FY21 was 0.747c versus a rate of 0.671c in the prior year. A 1c movement in this rate impacts service charges by approximately $1.9M on an annualised basis. This outcome included the acquisitive impact of the Baldwins IP business in NZ and continued strong organic EBITDA growth from the Asian and ANZ businesses. Dividends to shareholders increased by 3.5%. Annual Financial Report iphltd.com.au 2021 Annual Report 34 Page 6 Financial KPI The financial KPI is calculated on a constant currency basis and has a base, target and a stretch, as outlined in the table below. Achievement 97.5% 100% 102.5% Payout Ratio 50% 75% 100% The purpose of a constant currency calculation is to remove the impact of the difference between actual exchange rates incurred and the budgeted rate. The key exposure of the Group is to the USD. The budgeted AUD:USD for FY21 was 0.70c. The actual average rate incurred was 74.7c. The table below outlines the calculation of the constant currency EBITDA for comparison to budget EBITDA: • the base is the “underlying” EBITDA; • the first adjustment removes FX gains and losses recorded in the financial accounts while the second reflects the difference in exchange rates at which revenue and expense items were recorded versus the budgeted rate; and • this is then compared to the Group budget which was adjusted to allow for the acquisitive impact of Baldwins in the current financial year. Reported Group Underlying EBITDA Accounting FX adjustment Budgetary FX adjustment Constant Currency Underlying EBITDA IPH Group EBITDA Budget Financial KPI Budget Achievement Strategic KPI 124.3 0.2 10.7 135.2 130.9 103.3% An award was made to each executive KMP member on the basis of their achievement of individual objectives inline with the Board approved strategic objectives of: consolidating acquisitions; organic growth; and growth step outs (acquisitive growth), as well as People and Culture. The CEO and CFO were awarded 90% and 80% respectively of their STIP potential amount related to the Strategic KPI. Notable progress included: Consolidating acquisitions – The acquisition of Baldwins IP and integration into a single AJ Park brand has given the Group greater scale in the New Zealand market and a stronger platform for referrals into Asia. Cost synergies were achieved as a result of the consolidation of this business. Organic growth – The Group maintained organic growth in Asia, even with long periods of lockdown and closure of patent agents. This was due to the growth in filings in China, as well as further case inflow through the network effect of files directed by IPH entities. Annual Financial Report iphltd.com.au 2021 Annual Report 35 Page 7 Growth step-outs – On 1 July 2021 the group announced the acquisition of Applied Marks Pty Limited. This acquisition will accelerate its digital enablement strategy and strengthen its position in the local Australian trademarks services market. The Company continues to evaluate potential acquisition opportunities in international secondary markets. People and Culture - In 2021, the KMP were assessed as having met the majority of the people and culture key performance indicators. This included the emphasis on building capability with the roll out of the leadership excellence programs, more robust approach to driving employee engagement and movement towards driving greater organisational performance through the improvements in key performance indicator setting and monitoring. The restructuring of the shared services teams has also enabled an enterprise wide approach to drive efficiency and accountability across the IPH network. 2021 STIP Outcomes – Individual KMP outcome 2021 2020 Executive STI Forgone % STI Paid (%) STI Payment ($) STI Forgone % STI Paid (%) STI Payment ($) Andrew Blattman John Wadley 5 10 95 90 391,875 135,000 30 22 70 78 288,750 117,000 2019 LTIP Grant Outcomes – tested at the conclusion of the 2021 financial year The performance period for the 2019 LTIP commenced on 1 July 2018 and concluded on 30 June 2021. Performance was assessed at the end of the 2021 financial year and as a result of performance over the period, there was a partial vesting. In 2019, the NRC reviewed the definition of earnings which is used in the calculation of earnings per share. The LTIP issues made in 2018 and 2019 used a “cash-adjusted” earnings measure. The Committee felt the use of this third measure (in addition to the established statutory and underlying measures) had the potential to create confusion. Therefore, it was decided to re-calculate the targets based upon an underlying earnings measure consistent with that adopted for market reporting. This had the effect of increasing the maximum EPS target for the 2019 issue from 37.9 cents per share to 40.2 cents per share. This new methodology was approved before the 2020 issue and thus no change was required to that issue. Annual Financial Report iphltd.com.au 2021 Annual Report 36 Page 8 In determining the calculation of the Underlying EPS, adjustments are made to statutory profit after tax. The outcome for FY21 is as follows: Statutory Net Profit after tax ($M) Net amount of non-cash amortisation expenses of acquired intangibles Net amount of non-cash share based payments as part of the share incentive plan Net amount of adjustment to statutory results as disclosed in the Operational and Financial Review Underlying Net Profit after tax Underlying EPS (cents per share) 53.6 15.3 2.1 5.2 76.2 35.0 Grant Performance Period Measure Minimum Maximum Performance Achieved 2019 1 July 18 – 30 June 21 Underlying EPS CAGR 7% 15% 9.9% per annum On the basis of the underlying EPS achieved, the CAGR equated to 9.9%, which led to a pay-out of 63% of the maximum award. The basis for calculation of the proportion of the award is detailed in note 33 of the financial statements Executive Maximum Award1 ($) Rights % Vested % Forfeited Vested ($)2 Expensed ($)3 Andrew Blattman $900,000 198,676 John Wadley $270,000 59,603 63 63 37 37 $979,391 $555,694 $293,818 $166,709 1. Maximum remuneration attributable to rights 2. Value of shares vesting at 30 June 2021 share price 3. Expensed in the IPH Group P&L account over the life of the award Annual Financial Report iphltd.com.au 2021 Annual Report 37 Page 9 5.4 Overview of Non-Executive Director Remuneration Fees and payments to non-executive Directors reflect the demands and responsibilities of their role. Non-executive Directors’ fees and payments are reviewed periodically by the NRC. The NRC may, from time to time, receive advice from independent remuneration consultants to ensure Non-executive Directors’ fees and payments are appropriate and in line with the market. The Chairman’s fees are determined independently from the fees of other non-executive Directors based on comparative roles in the external market. Non-executive Directors do not receive share options or other incentives and their remuneration must not include a commission on, or a percentage of, operating revenue. Non-executive Director fees paid (Directors’ fees and committee fees) (inclusive of superannuation) for the year ended 30 June 2021 are summarised as follows: Name - Position FY2021 Fees Richard Grellman AM - Chairman John Atkin - Director Robin Low - Director Jingmin Qian - Director 330,000 165,000 165,000 165,000 825,000 The non-executive Directors are not entitled to participate in any employee incentive scheme (including the LTIP). Directors may also be reimbursed for expenses reasonably incurred in attending to the Company’s affairs. 5.5 Details of Remuneration of Key Management Personnel Amounts of remuneration The key management personnel of the Group consisted of the following directors of IPH Limited: • Richard Grellman, AM – Non-executive Chairman • Andrew Blattman – Managing Director and Chief Executive Officer • John Atkin – Non-executive Director • Robin Low – Non-executive Director • Jingmin Qian – Non-executive Director and the following persons: • John Wadley – Chief Financial Officer Annual Financial Report iphltd.com.au 2021 Annual Report 38 Page 10 Non-executive Directors Richard Grellman John Atkin Robin Low Jingmin Qian Executive Directors: Andrew Blattman 2021 2020 2021 2020 2021 2020 2021 2020 2021 2020 Short-term benefits Cash salary and fees $ Cash bonus $ 301,644 304,660 150,685 150,685 150,685 150,685 150,685 150,685 - - - - - - - - Non- Monetary1 $ - - - - - - - - 1,228,945 391,875 66,171 1,228,997 288,750 9,272 Other Key Management Personnel: John Wadley 2021 2020 578,945 135,000 35,711 589,325 117,000 (10,204) Post- employment benefits Long- term benefits Share- based payments Super Employee Leave2 annuation $ 28,356 25,340 14,315 14,315 14,315 14,315 14,315 14,315 28,755 27,889 22,446 21,725 Equity- Settled3 Total $ $ - - - - - - - - 330,000 330,000 165,000 165,000 165,000 165,000 165,000 165,000 $ - - - - - - - - 23,861 709,307 2,448,914 129,347 763,344 2,447,599 35,684 255,315 1,063,101 - 253,522 971,368 1. Non-monetary benefits represent the movement in the accrued annual leave balance during the year 2. Employee Leave balances represent the movement in accrued long service leave balances during the year. 3. Accounting charge based on the fair value of the award at date of grant. Total number of rights are included in the performance rights holding table at the end of this report. Annual Financial Report iphltd.com.au 2021 Annual Report 39 Page 11 5.6 Service Agreements Remuneration and other terms of employment for KMP are formalised in service or employment agreements. Details of these agreements are as follows: Dr Andrew Blattman, Managing Director and Chief Executive Officer. • Remuneration package (inclusive of superannuation) for the year ended 30 June 2021 of $1,250,000. Annual superior performance bonus of up to 33% of remuneration and a long-term incentive opportunity of 100% of remuneration. • Remuneration package (inclusive of superannuation) for the year ended 30 June 2022 of $1,277,000. Annual superior performance bonus of up to 33% of remuneration and a long-term incentive opportunity of 100% of remuneration. John Wadley, Chief Financial Officer. • Remuneration package (inclusive of superannuation) for the year ended 30 June 2021 of $600,000. Annual superior performance bonus of up to 25% of remuneration and a long-term incentive opportunity of 75% of remuneration. • Remuneration package (inclusive of superannuation) for the year ended 30 June 2022 of $614,000. Annual superior performance bonus of up to 25% of remuneration and a long-term incentive opportunity of 75% of remuneration. Executive KMP may terminate their employment contract by giving six months’ notice in writing. Contracts may be terminated by the Company with six months’ notice. In the event of serious misconduct or other specific circumstances warranting summary dismissal, the Company may terminate the employment contract immediately and without notice or payment in lieu of notice. Upon termination of the employment contract, the KMP will be subject to a restraint of trade period of 12 months throughout Australia, New Zealand and Singapore. The enforceability of the restraint is subject to all usual legal requirements. KMP have no entitlement to termination payments in the event of removal for misconduct. Andrew Blattman receives five weeks annual leave. Annual Financial Report iphltd.com.au 2021 Annual Report 40 Page 12 5.7 Additional Disclosures Relating to Key Management Personnel The following disclosures relate only to equity instruments in the Company or its subsidiaries. Shareholding The number of shares in the Company held during the financial year by each Director and other members of key management personnel of the Group, including their personally related parties, is set out below: Balance at the start of the year Additions Disposals Balance at the end of the year 30 June 2021 Ordinary shares Richard Grellman 51,773 Andrew Blattman 2,206,166 2,335 117,585 5,224 - - 35,752 160,896 - - - - - - - 54,108 2,323,751 121,053 74,214 - 36,165 2,609,291 115,829 74,214 - 413 2,448,395 Balance at the start of the year Additions Disposals Balance at the end of the year John Atkin Robin Low Jingmin Qian John Wadley 30 June 2020 Ordinary shares Richard Grellman 71,449 1,773 (21,449) 51,773 Andrew Blattman 2,506,166 John Atkin Robin Low Jingmin Qian John Wadley 115,829 74,214 - 401 2,768,059 - - - - 12 1,785 (300,000) 2,206,166 - - - - 115,829 74,214 - 413 (321,449) 2,448,395 Annual Financial Report iphltd.com.au 2021 Annual Report 41 Page 13 Option holding No options over ordinary shares in the Company were held during the financial year by each Director and other members of key management personnel of the Group, including their personally related parties. Performance rights holding The number of performance rights issued to KMPs is set out below: Executive Plan1 Balance Granted Vested Forfeited at Start of Year During Year FY21 Expense3 Unvested Future at end of year P&L Expense Andrew Blattman John Wadley 2018 117,585 2019 198,676 2020 175,809 - - - 2021 - 163,613 2018 35,276 2019 59,603 2020 63,292 - - - 2021 - 58,901 No %2 No % (117,585) 75 - - 31,383 - - - - - - - - (35,276) 75 (73,113) 37 (30,749) 125,563 31,942 - - - - - - 407,501 175,809 477,836 301,172 163,613 654,328 9,415 - - - - - - - - - (21,934) 37 (9,225) 37,669 9,583 - - (95,047) - - - 146,702 63,292 172,023 108,423 58,901 235,559 964,622 624,847 1,581,271 650,241 222,514 (152,861) 1. Financial year in which the award is granted. 2. % of maximum award 3. Expense for the 2019 award includes an adjustment for the forfeited award expensed in prior years. This concludes the remuneration report, which has been audited. Annual Financial Report iphltd.com.au 2021 Annual Report 42 Page 14 6. Shares under performance rights Details of unissued shares or interests under performance rights across all incentive plans of the Group at the date of this report are: Issuing Entity Type Number of Shares Class Exercise Price Expiry Date IPH Limited Performance 1,487,461 Ordinary 0.00 Up to Sept 2023 7. Shares under option There were no unissued ordinary shares of IPH Limited under option at the date of this report. 8. Dividends Dividends paid during the financial year were as follows: Final dividend of 15.0 cents per share for the year ended 30 June 2020, paid on 18 September 2020 (100% Franked) (A$’000s) Interim dividend of 14.0 cents per share for the year ended 30 June 2021, paid on 19 March 2021 (50% Franked) (A$’000s) 32,159 30,273 9. Significant changes in the state of affairs There were no other significant changes in the state of affairs of the Group during the financial year. 10. Matters subsequent to the end of the financial year On 1 July 2021 IPH Ltd completed the acquisition of Applied Marks Pty Ltd for upfront consideration of $5m with a potential further $2.1m in the form of ordinary shares escrowed for 2 years, subject to performance requirements. 11. Environmental regulation The Group is not subject to any significant environmental regulation under Australian Commonwealth or State law. Annual Financial Report iphltd.com.au 2021 Annual Report 43 Page 15 12. Indemnity and insurance of officers The Company has indemnified the Directors and executives of the Company for costs incurred, in their capacity as a Director or executive, for which they may be held personally liable, except where there is a lack of good faith. During the financial year, the Company paid a premium in respect of a contract to insure the Directors and executives of the Company against a liability to the extent permitted by the Corporations Act 2001. The contract of insurance prohibits disclosure of the nature of the liability and the amount of the premium. 13. Indemnity and insurance of auditor The Company has not, during or since the end of the financial year, indemnified or agreed to indemnify the auditor of the Company or any related entity against a liability incurred by the auditor. During the financial year, the Company has not paid a premium in respect of a contract to insure the auditor of the Company or any related entity. 14. Proceedings on behalf of the Company No person has applied to the Court under section 237 of the Corporations Act 2001 for leave to bring proceedings on behalf of the Company, or to intervene in any proceedings to which the Company is a party for the purpose of taking responsibility on behalf of the Company for all or part of those proceedings. 15. Non-audit services Details of the amounts paid or payable to the auditor for non-audit services provided during the financial year by the auditor are outlined in note 24 to the financial statements. The Directors are satisfied that the provision of non-audit services during the financial year, by the auditor (or by another person or firm on the auditor’s behalf), is compatible with the general standard of independence for auditors imposed by the Corporations Act 2001. The Directors are of the opinion that the services as disclosed in note 24 to the financial statements do not compromise the external auditor’s independence requirements of the Corporations Act 2001 for the following reasons: • all non-audit services have been reviewed and approved to ensure that they do not impact the integrity and objectivity of the auditor; and • none of the services undermine the general principles relating to auditor independence as set out in APES 110 Code of Ethics for Professional Accountants issued by the Accounting Professional and Ethical Standards Board, including reviewing or auditing the auditor’s own work, acting in a management or decision-making capacity for the Company, acting as advocate for the Company or jointly sharing economic risks and rewards. Annual Financial Report iphltd.com.au 2021 Annual Report 44 Page 16 16. Officers of the Company who are former partners of Deloitte Touche Tohmatsu There are no officers of the Company who are former partners of Deloitte Touche Tohmatsu. 17. Rounding of amounts The Company is of a kind referred to in ASIC Corporations (Rounding in Financial/Directors Reports) Instrument dated 24 March 2016 and in accordance with that Instrument amounts in the annual financial report are rounded off to the nearest thousand dollars, unless otherwise indicated. 18. 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 on the following page. 19. Auditor Deloitte Touche Tohmatsu continues in office in accordance with section 327 of the Corporations Act 2001. This report is made in accordance with a resolution of Directors, pursuant to section 298(2) (a) of the Corporations Act 2001. Dr Andrew Blattman CEO and Managing Director 19 August 2021 Sydney Annual Financial Report iphltd.com.au 2021 Annual Report 45 Page 17 Auditor’s Independence Declaration 19 August 2021 The Board of Directors IPH Limited Level 24, Tower 2, Darling Park 201 Sussex, Sydney 19 August 2021 Dear Board Members Deloitte Touche Tohmatsu ABN 74 490 121 060 Grosvenor Place 225 George Street Sydney NSW 2000 Tel: +61 2 9322 7000 www.deloitte.com.au Deloitte Touche Tohmatsu ABN 74 490 121 060 Grosvenor Place 225 George Street Sydney NSW 2000 Tel: +61 2 9322 7000 www.deloitte.com.au AAuuddiittoorr’’ss IInnddeeppeennddeennccee DDeeccllaarraattiioonn ttoo IIPPHH LLiimmiitteedd The Board of Directors IPH Limited In accordance with section 307C of the Corporations Act 2001, I am pleased to provide the following declaration Level 24, Tower 2, Darling Park of independence to the directors of IPH Limited. 201 Sussex, Sydney As lead audit partner for the audit of the financial report of IPH Limited for the year ended 30 June 2021, I declare that to the best of my knowledge and belief, there have been no contraventions of:  The auditor independence requirements of the Corporations Act 2001 in relation to the audit; and Dear Board Members  Any applicable code of professional conduct in relation to the audit. AAuuddiittoorr’’ss IInnddeeppeennddeennccee DDeeccllaarraattiioonn ttoo IIPPHH LLiimmiitteedd Yours faithfully In accordance with section 307C of the Corporations Act 2001, I am pleased to provide the following declaration of independence to the directors of IPH Limited. As lead audit partner for the audit of the financial report of IPH Limited for the year ended 30 June 2021, I declare that to the best of my knowledge and belief, there have been no contraventions of: DELOITTE TOUCHE TOHMATSU  The auditor independence requirements of the Corporations Act 2001 in relation to the audit; and  Any applicable code of professional conduct in relation to the audit. Yours faithfully H Fortescue Partner Chartered Accountants DELOITTE TOUCHE TOHMATSU H Fortescue Partner Chartered Accountants Liability limited by a scheme approved under Professional Standards Legislation. Member of Deloitte Asia Pacific Limited and the Deloitte organisation. iphltd.com.au 2021 Annual Report 46 Liability limited by a scheme approved under Professional Standards Legislation. Member of Deloitte Asia Pacific Limited and the Deloitte organisation. Financial Statements Statement of Profit or Loss and Other Comprehensive Income Consolidated Note 30 June 2021 30 June 2020 $’000 $’000 Revenue Other income Expenses Employee benefits expense Agent fee expenses Amortisation of acquired intangibles Depreciation of right-of-use assets Depreciation and amortisation of fixed assets and intangibles Insurance expenses Travel expenses Occupancy expenses Other expenses Finance costs Profit before income tax expense Income tax expense Profit after income tax expense for the year Other comprehensive income Items that may be reclassified subsequently to profit or loss Foreign currency translation Fair value loss on hedging instruments Items that will not be reclassified subsequently to profit or loss Fair value gain on investment in equity instruments Other comprehensive income for the year, net of tax Total comprehensive income for the year Profit for the year is attributable to: Owners of IPH Limited Total comprehensive income for the year is attributable to: Owners of IPH Limited Earnings per share From continuing operations Basic earnings (cents per share) Diluted earnings (cents per share) These statements should be read in conjunction with the following notes. 5 6 7 7 7 7 7 8 359,684 3,830 365,674 4,485 (115,124) (104,493) (21,607) (8,588) (7,275) (2,265) (358) (1,981) (25,967) (5,977) 69,879 (16,279) 53,600 (5,301) 282 - (5,019) 48,581 53,600 53,600 48,581 48,581 (115,462) (105,590) (19,616) (9,624) (5,241) (2,500) (1,910) (1,713) (29,686) (7,125) 71,692 (16,940) 54,752 (516) (542) 855 (203) 54,549 54,752 54,752 54,549 54,549 32 32 24.80 24.74 25.85 25.76 iphltd.com.au 2021 Annual Report 48 Statement of Financial Position Consolidated Note 30 June 2021 30 June 2020 $’000 $’000 Current assets Cash and cash equivalents Trade and other receivables Contract assets Other assets Total current assets Non-current assets Property, plant and equipment Right-of-use assets Intangibles Deferred tax Other assets Total non-current assets Total assets Current liabilities Trade and other payables Income tax payable Provisions Interest bearing lease liabilities Other financial liabilities Contract liabilities Total current liabilities Non-current liabilities Borrowings Deferred tax Interest bearing lease liabilities Other financial liabilities Provisions Total non-current liabilities Total liabilities Net assets Equity Issued capital Reserves Retained profits Total equity attributable to owners of IPH Limited These statements should be read in conjunction with the following notes. 9 10 11 12(a) 12(b) 12(c) 13 14 15 12(b) 16 13 12(b) 22 17 18 19 20 71,152 83,366 6,329 4,045 82,910 89,132 4,763 4,254 164,892 181,059 10,178 30,639 468,088 34 856 509,795 674,687 24,021 2,631 21,821 10,012 200 1,972 60,657 13,273 38,808 483,259 103 - 535,443 716,502 24,733 3,270 19,160 11,076 200 1,803 60,242 116,159 151,238 36,300 33,223 503 1,053 187,238 247,895 426,792 417,079 (1,500) 11,213 426,792 37,791 42,587 774 1,208 233,598 293,840 422,662 402,149 468 20,045 422,662 iphltd.com.au 2021 Annual Report 49 Statement of Changes in Equity Foreign Currency Translation Reserve Minority Interest Acquisition Reserve Equity Settled Employee Benefits Reserve Other Reserve $’000 $’000 $’000 (14,814) - (14,814) 4,453 - 4,453 Issued Capital $’000 262,763 - 262,763 - - - - - 130,730 8,656 - - $’000 3,858 - 3,858 - (516) - - (516) - - - - 4,478 - 4,478 - - 855 (542) 313 - - - - 4,791 - - - - - - - 2,696 - 7,149 402,149 3,342 (14,814) (14,814) 7,149 4,791 402,149 - - - - 2,447 12,483 - - 3,342 - (5,301) - (5,301) - - - - 417,079 (1,959) (14,814) - - - - - - 3,051 - 10,200 - - 282 282 - - - - 5,073 - - - - - - - - - - - - - - - - - Retained Profits $’000 Total equity $’000 24,012 (2,183) 21,829 54,752 - - - 54,752 - - - (56,536) 20,045 20,045 53,600 - - 53,600 - - - (62,432) 11,213 284,750 (2,183) 282,567 54,752 (516) 855 (542) 54,549 130,730 8,656 2,696 (56,536) 422,662 422,662 53,600 (5,301) 282 48,581 2,447 12,483 3,051 (62,432) 426,792 Balance at 1 July 2019 AASB 16 transitional impact on retained earnings Adjusted opening balance at 1 July 2019 Profit after income tax expense for the year Effect of foreign exchange differences Fair value gain on investment in equity instruments designated at FVTOCI Hedge revaluation (note 22) Total comprehensive income for the year Transactions with owners in their capacity as owners: Issue of ordinary shares as consideration for a business combination, net of transaction costs Dividend Reinvestment Plan (note 21) Share-based payments charge Dividends paid (note 21) Balance at 30 June 2020 Balance at 1 July 2020 Profit after income tax expense for the year Effect of foreign exchange differences Hedge revaluation (note 22) Total comprehensive income for the year Transactions with owners in their capacity as owners: Issue of ordinary shares as consideration for a business combination, net of transaction costs (note 28) Dividend Reinvestment Plan (note 21) Share-based payments charge Dividends paid (note 21) Balance at 30 June 2021 These statements should be read in conjunction with the following notes. iphltd.com.au 2021 Annual Report 50 Statement of Cashflows Consolidated Note 30 June 2021 30 June 2020 $’000 $’000 Cash flows from operating activities Receipts from customers Payments to suppliers and employees Interest received Interest and other finance costs paid Income taxes paid Net cash from operating activities Cash flows from investing activities Payments for purchase of subsidiaries, net of cash acquired Payments for property, plant and equipment Payments for internally developed software Net cash used in investing activities Cash flows from financing activities Dividends paid Proceeds of borrowings Repayment of borrowings Payment of lease liabilities Net cash (used in)/from financing activities 6 7 31 28 12(a) 12(c) 21 Net (decrease)/increase in cash and cash equivalents Cash and cash equivalents at the beginning of the financial year Effects of exchange rate changes on cash and cash equivalents Cash and cash equivalents at the end of the financial year 9 These statements should be read in conjunction with the following notes. 404,664 (285,672) 60 (5,977) (20,426) 92,649 (4,659) (1,814) (4,364) (10,837) (49,949) 116,159 (148,601) (11,162) (93,553) (11,741) 82,910 (17) 71,152 413,835 (288,793) 75 (7,125) (30,442) 87,550 (40,324) (2,117) (3,046) (45,487) (47,880) 90,183 (26,107) (9,630) 6,566 48,629 35,263 (982) 82,910 iphltd.com.au 2021 Annual Report 51 Note 1. General information The financial statements cover IPH Limited as a Group consisting of IPH Limited and the entities it controlled at the end of, or during, the year. The financial statements are presented in Australian dollars, which is IPH Limited’s functional and presentation currency. IPH Limited is a listed public company limited by shares, incorporated and domiciled in Australia. Its registered office and principal place of business is: Level 24, Darling Park Tower 2, 201 Sussex Street, Sydney NSW 2000 A description of the nature of the Group’s operations and its principal activities are included in the Directors’ report, which is not part of the financial statements. The financial statements were authorised for issue, in accordance with a resolution of Directors, on 19 August 2021. Note 2. Significant accounting policies The principal accounting policies adopted in the preparation of the financial statements are set out below. These policies have been consistently applied to all the years presented, unless otherwise stated. New, revised or amending Accounting Standards and Interpretations adopted The Group has adopted all of the new, revised or amending Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (‘AASB’) that are mandatory for the current reporting period. The adoption of these Accounting Standards and Interpretations did not have any significant impact on the financial performance or position of the Group. Any new, revised or amending Accounting Standards or Interpretations that are not yet mandatory have not been early adopted. Statement of compliance These general purpose financial statements have been prepared in accordance with Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (‘AASB’) and the Corporations Act 2001, as appropriate for for-profit oriented entities. These financial statements also comply with International Financial Reporting Standards as issued by the International Accounting Standards Board (‘IASB’). Basis of preparation The financial statements have been prepared under the historical cost convention except for certain financial instruments that are measured at revalued amounts or fair values, as explained in the accounting policies below. Historical cost is generally based on the fair values of the consideration given in exchange for assets. Critical accounting estimates The preparation of the financial statements requires the use of certain critical accounting estimates. It also requires management to exercise its judgement in the process of applying the Group’s accounting policies. The areas involving a higher degree of judgement or complexity, or areas where assumptions and estimates are significant to the financial statements, are disclosed in note 3. Parent entity information In accordance with the Corporations Act 2001, these financial statements present the results of the Group only. Supplementary information about the parent entity is disclosed in note 27. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 52 Page 2 Principles of consolidation The consolidated financial statements are those of the consolidated entity (“the Group”), comprising the financial statements of the parent entity and all of the entities the parent controls. The Company controls an entity when it has power over the investee and the Group is exposed to or has rights to variable returns from its involvement with the entity and has the ability to affect those returns through its power to direct the activities of the entity. Consolidation of a subsidiary begins when the Company obtains control over the subsidiary and ceases when the Company loses control of the subsidiary. Specifically, income and expenses of a subsidiary acquired or disposed of during the year are included in the consolidated statement of profit or loss and other comprehensive income from the date the Company gains control until the date when the Company ceases to control the subsidiary. External non-controlling interests are allocated their share of total comprehensive income and are presented within equity in the consolidated Statement of Financial Position, separately from the equity of shareholders. When necessary, adjustments are made to the financial statements of subsidiaries to bring their accounting policies into line with the Group’s accounting policies. All intragroup assets and liabilities, equity, income, expenses and cash flows relating to transactions between members of the Group are eliminated in full on consolidation. Changes in the Group’s ownership interests in existing subsidiaries Changes in the Group’s ownership interests in subsidiaries that do not result in the Group losing control over the subsidiaries are accounted for as equity transactions. The carrying amounts of the Group’s interests and the non- controlling interests are adjusted to reflect the changes in their relative interests in the subsidiaries. Any difference between the amount by which the non-controlling interests are adjusted and the fair value of the consideration paid or received is recognised directly in equity and attributed to owners of the Company. Foreign currency translation The individual financial statements of each Group entity are presented in the currency of the primary economic environment in which the entity operates (its functional currency). For the purpose of the consolidated financial statements, the results and financial position of each Group entity are expressed in Australian dollars (‘$’), which is the functional currency of the Company and the presentation currency for the consolidated financial statements. In preparing the financial statements of each individual group entity, transactions in currencies other than the entity’s functional currency (foreign currencies) are recognised at the rates of exchange prevailing at the dates of the transactions. At the end of each reporting period, monetary items denominated in foreign currencies are retranslated at the rates prevailing at that date. Non-monetary items carried at fair value that are denominated in foreign currencies are retranslated at the rates prevailing at the date when the fair value was determined. Non-monetary items that are measured in terms of historical cost in a foreign currency are not retranslated. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 53 Page 3 Exchange differences on monetary items are recognised in profit or loss in the period in which they arise except for: • exchange differences on transactions entered into in order to hedge certain foreign currency risks which are recognised in reserves; and • exchange differences on monetary items receivable from or payable to a foreign operation for which settlement is neither planned nor likely to occur (therefore forming part of the net investment in the foreign operation), which are recognised initially in other comprehensive income and reclassified from equity to profit or loss on repayment. For the purpose of presenting these consolidated financial statements, the assets and liabilities of the Group’s foreign operations are translated into Australian dollars as follows: • Income and expense items are translated at the average exchange rates for the period, unless exchange rates fluctuated significantly during that period, in which case the exchange rates at the dates of the transactions are used; • Assets and liabilities for each Statement of Financial Position presented are translated at the closing rate at the balance date; and • All resulting exchange differences are recognised in other comprehensive income, in the foreign currency translation reserve. Goodwill and fair value accounting adjustments arising on the acquisition of a foreign entity are treated as assets and liabilities of the foreign entity and translated at the closing rate. Revenue recognition Revenue is measured at the fair value of the consideration received or receivable. The Group provides professional services in relation to the protection, commercialisation, enforcement and management of all forms of intellectual property. Delivery of these services represent performance obligations. Upon completion of each performance obligation, which is satisfied at a point in time, the Group is entitled to payment for the services performed. Fees for completion of each performance obligation are determined by reference to a scale of charges and revenue is recognised. Other revenue, including commission revenue, is recognised when it is received or when the right to receive payment is established. All revenue is stated net of the amount of goods and services tax (GST). Other Income Dividend revenue is recognised when the right to receive a dividend has been established (provided that it is probable that the economic benefits will flow to the Group and the amount of income can be measured reliably). Interest income from a financial asset is recognised when it is probable that the economic benefits will flow to the Group and the amount of revenue can be measured reliably. Interest income is recognised on an accruals basis. Government Grants Grants from governments are recognised at their fair value where there is reasonable assurance that the grant will be received and the Group will comply with any specified requirements. All government grants are recognised in the Statement of Profit or Loss and Other Comprehensive Income on a systematic basis over the periods in which the Group recognises the related costs. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 54 Page 4 Contract assets Contract assets represent costs incurred and profit recognised on client assignments and services that are in progress at balance date. Contract assets are valued at net realisable value after providing for any foreseeable losses. Contract assets are subsequently assessed for impairment using the expected credit loss under AASB9. Disbursements recoverable Recoverable client disbursements recorded in contract assets are recognised when services are provided. The amount recognised is net of any GST payable. Internally generated disbursements are credited directly to the profit & loss as they are charged to a client matter. Disbursements recoverable are subsequently assessed for impairment using the expected credit loss under AASB9.. Income Tax The income tax expense or benefit is the tax payable on the current period’s taxable income based on the national income tax rate for each jurisdiction adjusted by changes in deferred tax assets and liabilities attributable to temporary differences between the tax bases of assets and liabilities and their carrying amounts in the financial statements. Current tax Current tax is calculated by reference to the amount of income taxes payable or recoverable in respect of the taxable profit or tax loss for the period. It is calculated using tax rates and tax laws that have been enacted or substantively enacted by reporting date. Deferred tax Deferred tax is recognised on temporary differences between the carrying amount of assets and liabilities in the financial statements and the corresponding tax base of those items. Deferred tax liabilities are recognised for all taxable temporary differences. Deferred tax assets are recognised to the extent that it is probable that sufficient taxable amounts will be available to utilise those temporary differences and losses. Deferred tax assets and liabilities are not recognised if the temporary differences giving rise to them arise from the initial recognition of assets and liabilities (other than as a result of a business combination) which affects neither taxable income nor accounting profit. Furthermore, a deferred tax liability is not recognised in relation to taxable temporary differences arising from goodwill. Deferred tax liabilities are recognised for taxable temporary differences arising on investments except where the Group is able to control the reversal of the temporary differences and it is probable that the temporary differences will not reverse in the foreseeable future. Deferred tax assets arising from deductible temporary differences associated with these investments and interests are only recognised to the extent that it is probable that there will be sufficient taxable profits against which to utilise the benefits of the temporary differences and they are expected to reverse in the foreseeable future. Deferred tax assets and liabilities are measured at the tax rates that are expected to apply to the period(s) when the asset and liability giving rise to them are realised or settled, based on tax rates (and tax laws) that have been enacted or substantively enacted by reporting date. The measurement of deferred tax liabilities and assets reflects the tax consequences that would follow from the manner in which the Company expects, at the reporting date, to recover or settle the carrying amount of its assets and liabilities. Deferred tax assets and liabilities are offset when they relate to income taxes levied by the same taxation authority and the Company intends to settle its current tax assets and liabilities on a net basis. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 55 Page 5 Current and deferred tax for the period Current and deferred tax is recognised as an expense or income in the Statement of Profit or Loss and Other Comprehensive Income, except when it relates to items credited or debited directly to equity, in which case the deferred tax is also recognised directly in equity. The Company and its wholly owned Australian resident entities are part of a tax-consolidated group which was formed on 3 September 2014. As a consequence, all members of the tax-consolidated group are taxed as a single entity. The head entity within the tax consolidated group is IPH Limited. Tax expense/income, deferred tax liabilities and deferred tax assets arising from temporary differences of the members of the tax-consolidated group are recognised in the separate financial statements of the members of the tax consolidated group using the “separate taxpayer within group” approach. Current tax liabilities and assets and deferred tax assets arising from unused tax losses and tax credits of the members of the tax-consolidated group are recognised by the Company (as head entity in the tax-consolidated group). Due to the existence of a tax funding arrangement between the entities in the tax-consolidated group, amounts are recognised as payable to or receivable by the Company and each member of the group in relation to the tax contribution amounts paid or payable between the parent entity and the other members of the tax consolidated group in accordance with the arrangement. Where the tax contribution amount recognised by each member of the tax consolidated group for a particular period is different to the aggregate of the current tax liability or asset and any deferred tax asset arising from unused tax losses and tax credits in respect of that period, the difference is recognised as a contribution from (or distribution to) equity participants. Financial instruments Financial assets Financial assets are classified as either financial assets at amortised cost, at fair value through other comprehensive income (FVTOCI) or at fair value through profit or loss (FVTPL). Financial assets are initially recognised at fair value on the trade date, including, in the case of instruments not recorded at fair value through profit or loss, directly attributable transaction costs. Subsequently, financial assets are carried at fair value (equity investments and derivatives) or amortised cost adjusted for any loss allowance (loans, trade receivables and other receivables). Derivative financial instruments A derivative is a type of financial instrument typically used to manage risk. A derivative’s value changes over time in response to underlying variables including interest rates or exchange rates and is entered into for a fixed period. A hedge is where a derivative is used to manage an underlying exposure and the Group uses derivatives to manage its exposure to interest rates and foreign exchange risk accordingly. All derivatives are measured through the Statement of Profit and Loss and Other Comprehensive Income unless designated and effective as a hedge where the hedge accounting provisions apply. Impairment of financial assets The impairment approach is based on lifetime expected credit losses (ECL model) for financial assets held at amortised cost. Therefore, it is not necessary for a loss event to have occurred before credit losses are recognised. Instead, a loss allowance is always recognised for ECL and is re-measured at each reporting date for changes in those expected credit losses. The expected credit losses are estimated via a provision matrix based on the Group’s historical credit loss experience. This is then adjusted for factors that are specific to the debtors, general economic conditions and an assessment of both the current and forecasted direction of conditions at the reporting date, including time value of money where appropriate. For financial assets, a credit loss is the present value of the difference between: (i) the contractual cash flows that are due under the contract; and (ii) the cash flows expected to be received. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 56 Page 6 The carrying amount of the financial asset is reduced by the impairment loss directly for all financial assets with the exception of trade receivables, where the carrying amount is reduced through the use of an allowance account. When a trade receivable is considered uncollectible, it is written off against the allowance account. Subsequent recoveries of amounts previously written off are credited against the allowance account. Changes in the carrying amount of the allowance account are recognised in profit or loss. Cash and cash equivalents Cash and cash equivalents include cash on hand and at banks, short term deposits with an original maturity of three months or less held at call with financial institutions, and bank overdrafts. Bank overdrafts are shown within borrowings in current liabilities in the consolidated Statement of Financial Position. Trade and other receivables Trade and other receivables include amounts due from customers for services performed in the ordinary course of business. Receivables expected to be collected within 12 months of the end of the reporting period are classified as current assets. All other receivables are classified as non-current assets. Trade and other receivables are measured at amortised cost using the effective interest method. Loans and receivables Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in an active market. They are carried at amortised cost using the effective interest rate method. Gains and losses are recognised in profit or loss when the asset is derecognised or impaired. The carrying amount of financial assets is reviewed annually by the directors’ to assess whether there is any objective evidence that a financial asset is impaired. Where such objective evidence exists, the Group recognises impairment losses. Financial liabilities Financial liabilities include trade payables, other creditors and loans from third parties including inter group balances. Non derivative financial liabilities are recognised at amortised cost using the effective interest method. Trade accounts payable comprise the original debt less principal payments plus where applicable any accrued interest. Financial liabilities are classified as current liabilities unless the group has an unconditional right to defer settlement of the liability for at least twelve months after the reporting period. Trade and other payables Trade and other payables represent the liabilities for goods and services received that remain unpaid at the end of the reporting period. The balance is recognised as a current liability with the amounts normally paid within 90 days of recognition of the liability. Contract Liabilities are recognised as a liability when received and is recognised as revenue once a patent service has been provided or completed. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 57 Page 7 Property, plant and equipment Property, plant and equipment are stated at cost less accumulated depreciation and accumulated impairment losses. Depreciation is recognised so as to write off the cost or valuation of assets less their residual values over their useful lives, using the straight-line method. The estimated useful lives, residual values and depreciation method are reviewed at the end of each reporting period, with the effect of any changes in estimate accounted for on a prospective basis. Item Leasehold improvements Plant and equipment Furniture, fixtures and fittings Computer equipment Years 6-15 years 2-20 years 5-20 years 2-5 years An item of property, plant and equipment is derecognised upon disposal or when no future economic benefits are expected to arise from the continued use of the asset. Any gain or loss arising on the disposal or retirement of an item of property, plant and equipment is determined as the difference between the sales proceeds and the carrying amount of the asset and is recognised in profit or loss. Intangible assets Intangible assets acquired as part of a business combination, other than goodwill, are measured at their fair value at the date of the acquisition. Goodwill Goodwill represents the excess of the cost of an acquisition over the fair value of the Group’s share of the net identifiable assets of the acquired subsidiary/associate at the date of acquisition. Goodwill is not amortised. Instead, goodwill is tested annually for impairment, or more frequently of events or changes in circumstances indicate that it might be impaired and it is carried at cost less accumulated impairment losses. Impairment losses on goodwill are taken to profit and loss and not subsequently reversed. Intangible assets acquired separately Intangible assets with finite lives that are acquired separately are carried at cost less accumulated amortisation and accumulated impairment losses. Customer Relationships Customer relationships are the assessed value of the supply of goods and services that exist at the date of acquisition. In valuing customer relationships, consideration is given to historic customer retention and decay statistics, projected future cash flows and appropriate capital charges. Customer relationships are amortised over a period of 10 years. The estimated useful lives, residual values and amortisation method are reviewed at the end of each reporting period, with the effect of any changes in estimate accounted for on a prospective basis. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 58 Page 8 Trademarks Trademarks are intangible assets with indefinite useful lives that are acquired separately and are carried at cost less accumulated impairment losses. Software acquired Software acquired through a business combination is assessed as the identifiable value of that software at the date of acquisition. Acquired software is amortised over a period of 4 years. Internally generated intangible assets Internally generated intangible assets, including software, arising from development (or from the development phase of an internal project) is recognised if, and only if, all of the following have been demonstrated: • the technical feasibility of completing the intangible asset so that it will be available for use or sale; • the intention to complete the intangible asset and use or sell it; • the ability to use or sell the intangible asset; • how the intangible asset will generate probable future economic benefits; • the availability of adequate technical, financial and other resources to complete the development and to use or sell the intangible asset; and • the ability to measure reliably the expenditure attributable to the intangible asset during its development. The amount initially recognised for internally generated intangible assets is the sum of the expenditure incurred from the date when the intangible asset first meets the recognition criteria listed above. Where no internally generated intangible asset can be recognised, development expenditure is recognised in profit or loss in the period in which it is incurred. Subsequent to initial recognition, internally generated intangible assets are reported at cost less accumulated amortisation and accumulated impairment losses, on the same basis as intangible assets that are acquired separately. The useful lives of internally generated intangible assets are as follows: Software 3 years Derecognition of intangible assets An intangible asset is derecognised on disposal, or when no future economic benefits are expected from use or disposal. Gains or losses arising from derecognition of an intangible asset, measured as the difference between the net disposal proceeds and the carrying amount of the asset are recognised in profit or loss when the asset is derecognised. Sofware-as-a-Service (SaaS) arrangements SaaS arrangements are service contracts providing the Group with the right to access the cloud providers application software over the contract period. Costs incurred to configure or customise, and the ongoing fees to obtain access to the cloud providers application software, are recognised as operating expenses when the services are received. Impairment of assets Goodwill and other assets that have an indefinite useful life are not amortised but are tested annually for impairment in accordance with AASB 136 ‘Impairment of Assets’. Assets subject to annual depreciation or amortisation are reviewed for impairment whenever events or circumstances arise that indicates that the carrying amount of the asset may be impaired. An impairment loss is recognised where the carrying amount of the asset exceeds its fair value less costs of disposal. The recoverable amount of an asset is defined as the higher of its fair value less costs of disposal and value in use. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 59 Page 9 For the purposes of impairment, assets are grouped at the lowest levels for which there are separately identifiable cash flows (cash generating units). For the purpose of impairment testing, goodwill acquired in a business combination shall, from the acquisition date, be allocated to each of the acquirer’s cash-generating units, or groups of cash-generating units, that is expected to benefit from the synergies of the combination, irrespective of whether other assets or liabilities of the acquiree are assigned to those units or groups of units. Provisions Provisions are recognised when the Group has a present obligation (legal or constructive) as a result of a past event, it is probable that the Group will be required to settle the obligation, and a reliable estimate can be made of the amount of the obligation. The amount recognised as a provision is the best estimate of the consideration required to settle the present obligation at the end of the reporting period, taking into account the risks and uncertainties surrounding the obligation. When a provision is measured using the cash flows estimated to settle the present obligation, its carrying amount is the present value of those cash flows (where the effect of the time value of money is material). When some or all of the economic benefits required to settle a provision are expected to be recovered from a third party, a receivable is recognised as an asset if it is virtually certain that reimbursement will be received and the amount of the receivable can be measured reliably. Leases The Group recognises a right-of use-asset and a lease liability at the lease commencement date. The right-of-use assets comprise the initial measurement of the corresponding lease liability, lease payments made at or before the commencement day, less any lease incentives received and any initial direct costs. They are subsequently measured at cost less accumulated depreciation and impairment. Right-of-use assets are depreciated over the shorter period of lease term and useful life of the underlying asset. If a lease transfers ownership of the underlying asset or the cost of the right-of-use asset reflects that the Group expects to exercise a purchase option, the related right-of-use asset is depreciated over the useful life of the underlying asset. The depreciation starts at the commencement date of the lease. The Group applies AASB 136 to determine whether a right-of-use asset is impaired and accounts for any identified impairment loss as described in the ‘Impairment of assets’ policy. Whenever the Group incurs an obligation for costs to dismantle and remove a leased asset, restore the site on which it is located or restore the underlying asset to the condition required by the terms and conditions of the lease, a provision is recognised and measured under AASB137. To the extent that the costs relate to a right-of-use asset, the costs are included in the related right-of-use asset. As a practical expedient, AASB 16 permits a lessee not to separate non-lease components, and instead account for any lease and associated non-lease components as a single arrangement. The Group has not used this practical expedient. The lease liability is initially measured at the present value of the lease payments that are not paid at the commencement date, discounted using the Group's incremental borrowing rate. The lease liability is subsequently measured by increasing the carrying amount to reflect interest on the lease liability (using the effective interest method) and by reducing the carrying amount to reflect the lease payments made. Lease payments included in the measurement of the lease liability comprise: • Fixed lease payments (including in-substance fixed payments), less any lease incentives receivable; and • Lease payments that depend on an index rate, initially measured using the index or rate at the commencement date. The Group remeasures the lease liability (and makes a corresponding adjustment to the related right-of-use asset) whenever: Notes to the Financial Statements iphltd.com.au 2021 Annual Report 60 Page 10 • The lease term has changed or there is a significant event or change in circumstances, in which case the lease liability is remeasured by discounting the revised lease payments using a revised discount rate; or • A lease contract is modified and the lease modification is not accounted for as a separate lease, in which case the lease liability is remeasured based on the lease term of the modified lease by discounting the revised lease payments using a revised discount rate at the effective date of the modification. To determine the incremental borrowing rate, the Group makes adjustments specific to the lease including factors such as lease term, country, currency and security. The weighted average incremental borrowing rate applied to lease liabilities was 4.49% (2020: 4.23%). Variable rents that do not depend on an index or rate are not included in the measurement of the lease liability and the right-of-use asset. The related payments are recognised as an expense in the period in which the event or condition that triggers those payments occurs and is disclosed in note 13(b). Employee benefits Short and long-term employee benefit A liability is recognised for benefits accruing to employees in respect of wages and salaries, annual leave, and long service leave when it is probable that settlement will be required and they are capable of being measured reliably. Liabilities recognised in respect of short-term employee benefits, are measured at their nominal values using the remuneration rate expected to apply at the time of settlement. Liabilities recognised in respect of long term employee benefits are measured at the present value of the estimated future cash outflows to be made by the Group in respect of services provided by the employees up to reporting date. Retirement benefit costs Payments to defined contribution plans are recognised as an expense when employees have rendered service entitling them to the contributions. Borrowing costs Borrowing costs can include interest, amortisation of discounts or premiums relating to borrowings, ancillary costs incurred in connection with arrangement of borrowings, foreign exchange losses net of hedged amounts on borrowings. Borrowings are initially recognised at fair value, net of transaction costs and subsequently measured at amortised cost. Any difference between the proceeds (net of transaction costs) and the redemption amount is recognised in profit or loss over the period of the borrowings using the effective interest method. Goods and services tax (GST) Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Tax 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 consolidated Statement of Financial Position are shown inclusive of GST. Cash flows are presented in the statement of cash flows on a gross basis, except for the GST component of investing and financing activities, which are disclosed as operating cash flows. Share based payments Equity settled share based compensation benefits are provided to employees. Equity settled transactions are awards of shares, options or rights, which are provided in exchange for the rendering of services. Equity settled share based payments are measured at the fair value of the equity instruments at the grant date. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 61 Page 11 The fair value at the grant date of the equity settled share based payments is expensed on a straight line basis over the vesting period, based on the Group’s estimate of equity instruments that will eventually vest, with a corresponding increase in equity. At the end of each reporting period, the Group revises its estimate of the number of equity instruments expected to vest. The impact of the revision of the original estimates, if any, is recognised in profit or loss such that the cumulative expense reflects the revised estimate, with a corresponding adjustment to the equity settled employee benefits reserve. Fair value measurement When an asset or liability, financial or non-financial, is measured at fair value for recognition or disclosure purposes, the fair value is based on the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date; and assumes that the transaction will take place either: in the principal market; or in the absence of a principal market, in the most advantageous market. Fair value is measured using the assumptions that market participants would use when pricing the asset or liability, assuming they act in their economic best interests. For non-financial assets, the fair value measurement is based on its highest and best use. Valuation techniques that are appropriate in the circumstances and for which sufficient data are available to measure fair value, are used, maximising the use of relevant observable inputs and minimising the use of unobservable inputs. Assets and liabilities measured at fair value are classified, into three levels, using a fair value hierarchy that reflects the significance of the inputs used in making the measurements (note 22). Classifications are reviewed at each reporting date and transfers between levels are determined based on a reassessment of the lowest level of input that is significant to the fair value measurement. For recurring and non-recurring fair value measurements, external valuers may be used when internal expertise is either not available or when the valuation is deemed to be significant. External valuers are selected based on market knowledge and reputation. Where there is a significant change in fair value of an asset or liability from one period to another, an analysis is undertaken, which includes a verification of the major inputs applied in the latest valuation and a comparison, where applicable, with external sources of data. Issued capital Ordinary shares are classified as equity. Incremental costs directly attributable to the issue of new shares or options are shown in equity as a deduction, net of tax, from the proceeds. Dividends Dividends are recognised when declared during the financial year and are no longer at the discretion of the Company. Business combinations The acquisition method of accounting is used to account for business combinations regardless of whether equity instruments or other assets are acquired. The consideration transferred is the sum of the acquisition-date fair values of the assets transferred, equity instruments issued or liabilities incurred. The consideration transferred also includes the fair value of any contingent consideration arrangement and the fair value of any pre-existing equity interest in the subsidiary. Identifiable assets acquired and liabilities and contingent liabilities assumed in a business combination are measured initially at their fair values at the acquisition date. For each business combination, the non-controlling interest in the acquiree is measured at either fair value or at the proportionate share of the acquiree’s identifiable net assets. All acquisition costs are expensed as incurred to profit or loss. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 62 Page 12 On the acquisition of a business, the Group assesses the financial assets acquired and liabilities assumed for appropriate classification and designation in accordance with the contractual terms, economic conditions, the Group’s operating or accounting policies and other pertinent conditions in existence at the acquisition-date. Where the business combination is achieved in stages, the Group remeasures its previously held equity interest in the acquiree at the acquisition-date fair value and the difference between the fair value and the previous carrying amount is recognised in profit or loss. Contingent consideration to be transferred by the acquirer is recognised at the acquisition- date fair value. Subsequent changes in the fair value of the contingent consideration classified as an asset or liability is recognised in profit or loss. Contingent consideration classified as equity is not remeasured and its subsequent settlement is accounted for within equity. The difference between the acquisition-date fair value of assets acquired, liabilities assumed and any non-controlling interest in the acquiree and the fair value of the consideration transferred and the fair value of any pre-existing investment in the acquiree is recognised as goodwill. If the consideration transferred and the pre-existing fair value is less than the fair value of the identifiable net assets acquired, being a bargain purchase, the difference is recognised as a gain directly in profit or loss on the acquisition-date, but only after a reassessment of the identification and measurement of the net assets acquired, the non-controlling interest in the acquiree, if any, the consideration transferred and any previously held equity interest. Where settlement of any part of cash consideration is deferred, the amounts payable in the future are discounted to their present value as at the date of exchange. Contingent consideration is classified either as equity or a financial liability. Amounts classified as financial liability are subsequently remeasured to fair value with changes to fair value recognised in profit or loss. Business combinations are initially accounted for on a provisional basis. The Group retrospectively adjusts the provisional amounts recognised and also recognises additional assets or liabilities during the measurement period, based on new information obtained about the facts and circumstances that existed at the acquisition-date. The measurement period ends on either the earlier of (i) 12 months from the date of the acquisition or (ii) when the Group receives all the information possible to determine fair value. Earnings per share Basic earnings per share Basic earnings per share is calculated by dividing the profit attributable to the owners of IPH Limited, excluding any costs of servicing equity other than ordinary shares, by the weighted average number of ordinary shares outstanding during the financial year, adjusted for bonus elements in ordinary shares issued during the financial year. Diluted earnings per share Diluted earnings per share adjusts the figures used in the determination of basic earnings per share to take into account the after income tax effect of interest and other financing costs associated with dilutive potential ordinary shares and the weighted average number of shares assumed to have been issued for no consideration in relation to dilutive potential ordinary shares. Rounding of amounts The Company is of a kind referred to in ASIC Corporations (Rounding in Financial/Directors Reports) Instrument dated 24 March 2016 and in accordance with that Instrument amounts in the annual financial report are rounded off to the nearest thousand dollars, unless otherwise indicated. Adoption of new accounting standards The Group has adopted all of the new and revised Standards and Interpretations issued by the Australian Accounting Standards Board (the AASB) that are relevant to its operations and effective for an accounting period that begins on or after 1 July 2020. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 63 Page 13 Implementation of IFRIC agenda decision During the year an IFRIC agenda decision clarified the interpretation of how accounting standards apply to upfront configuration and customisation costs incurred in implementing SaaS arrangements. In the current period, costs of $1.1m have been recognised as an expense. There has been no restatement of prior reported financial information as the amounts involved were not material. Note 3. Critical accounting judgements, estimates and assumptions The preparation of the financial statements requires management to make judgements, estimates and assumptions that affect the reported amounts in the financial statements. Management continually evaluates its judgements and estimates in relation to assets, liabilities, contingent liabilities, revenue and expenses. Management bases its judgements, estimates and assumptions on historical experience and on other various factors, including expectations of future events, management believes to be reasonable under the circumstances. The resulting accounting judgements and estimates will seldom equal the related actual results. The judgements, estimates and assumptions that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities (refer to the respective notes) within the next financial year are discussed below. Goodwill and other indefinite life intangible assets The Group tests annually, or more frequently if events of changes in circumstances indicate impairment, whether goodwill and other indefinite life intangible assets have suffered any impairment, in accordance with the accounting policy stated in note 2. Customer relationships are finite intangible assets and are amortised over their expected life. Assets subject to amortisation are reviewed for impairment whenever events or circumstances arise that indicates that the carrying amount of the asset may be impaired. COVID-19 Management have considered the impact of Covid-19 and the current economic environment on the judgements, estimates and assumptions that affect the reported amounts in the financial statements and adjusted these where appropriate. Government Covid-19 stimulus grants were provided to Asian entities from their local governments, refer to note 7. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 64 Page 14 Note 4. Operating segments Identification of reportable operating segments The Group is organised into three segments: Intellectual Property Services Australia & New Zealand; Intellectual Property Services Asia; and Adjacent Businesses. Adjacent Businesses includes the operations of Wisetime. These operating segments are based on the internal reports that are reviewed and used by the senior executive team and Board of Directors (who are identified as the Chief Operating Decision Makers (‘CODM’)) in assessing performance and in determining the allocation of resources. There is no aggregation of operating segments. Segment Activity Intellectual Property Services Related to the provision of filing, prosecution, enforcement and management of patents, Australia & New Zealand designs, trademarks and other IP in Australia and New Zealand. Intellectual Property Services Asia Related to the provision of filing, prosecution, enforcement and management of patents, designs, trademarks and other IP in Asia. Adjacent Businesses Adjacent businesses include Wisetime the autonomous time-keeping tool and in the prior year, Glasshouse Advisory. The CODM reviews profit before interest, income tax and adjustments to the statutory reported results. The accounting policies adopted for internal reporting to the CODM are consistent with those adopted in the financial statements. The information reported to the CODM is on at least a monthly basis. Intersegment transactions There are varying levels of integration between the segments. The integration includes provision of professional services, shared technology and management services. Intersegment transactions were made at market rates. Intersegment transactions are eliminated on consolidation. Reliance on major customers Maximum revenue from any customer is less than 3% of overall revenue of the Group. Notes to the Financial Statements iphltd.com.au 2021 Annual Report 65 Page 15 Note 4. Operating Segments Consolidated Australia & NZ Asia Adjacent Businesses Corporate Intellectual Property Services 2021 $’000 2020 $’000 267,739 266,059 948 2,528 268,687 268,587 6,979 9,062 2021 $’000 91,945 5,280 97,225 (1,112) 2020 $’000 97,345 5,292 102,637 72 275,666 277,649 96,113 102,709 2021 $’000 - - - 409 409 2020 $’000 2,270 - 2,270 473 2,743 2021 $’000 2020 $’000 - - - - - - 5,601 5,601 2,040 2,040 Intersegment eliminations / unallocated Total 2021 $’000 - (6,228) (6,228) (8,107) 2020 $’000 2021 $’000 2020 $’000 - 359,684 365,674 (7,820) (7,820) (7,689) - - 359,684 365,674 3,770 3,958 (14,335) (15,509) 363,454 369,632 Revenue Sales to external customers Intersegment sales Total sales revenue Other revenue Total revenue Less: Overheads (182,411) (182,066) (52,703) (56,622) (778) (4,612) (17,436) (15,218) 14,152 14,922 (239,176) (243,596) Earnings before interest, tax, depreciation and amortisation (EBITDA), before adjustments Less: Depreciation Less: Amortisation 93,255 95,583 (9,680) (10,002) (21,055) (19,147) 43,410 (2,469) (1,290) Less: Management Charges 4,853 3,159 (10,523) 46,087 (2,482) (1,225) (7,199) (369) (56) (1,698) - (1,869) (11,835) (13,178) (183) (587) 124,278 126,036 (400) (110) - (256) (988) 5,564 (273) (866) 4,037 - 22 106 - 24 3 (12,461) (13,157) (25,009) (21,324) - - Segment result: (Profit before interest, tax and adjustments) Reconciliation of segment result Segment result Adjustments to statutory result: Business acquisition costs Restructuring expenses Impairment of intangible assets Impairment of right-of-use assets and fixed assets Share based payments IT SaaS Implementation Costs Total adjustments Interest income Finance Costs Profit for the period before income tax expense Reconciliation of segment revenue Segment revenue Restructuring Interest income Total revenue 67,373 69,593 29,128 35,181 (2,123) (2,379) (7,515) (10,280) (55) (560) 86,808 91,554 86,808 91,554 (3,616) (2,190) - (464) (3,578) (1,164) (1,202) (4,127) (1,600) (3,704) (2,180) - (11,012) (12,813) 60 (5,977) 69,879 75 (7,125) 71,691 363,454 369,632 - 60 452 75 363,514 370,159 iphltd.com.au 2021 Annual Report 66 Note 5. Sales revenue Revenue from the rendering of services Note 6. Other income Net realised foreign exchange (loss)/gain Net unrealised foreign exchange gain/(loss) Other income Commission Interest Note 7. Expenses Profit before income tax includes the following specific expenses: Depreciation and amortisation: Depreciation - Property, plant and equipment Amortisation - Software development Depreciation - Right-of-use asset Amortisation - Acquired Intangibles Total depreciation and amortisation Employee benefits expense: Share based payments (note 33) Superannuation expense Government Covid-19 stimulus grants1 Other expenses: Advertising and marketing Impairment of right-of-use assets and revaluation of lease liabilities arising from onerous leases Impairment of leasehold improvements Impairment of Watermark trademark Impairment and loss on disposal of fixed assets IT and communication Office expenses Professional fees Staff welfare and training Business acquisition costs Other Finance costs Interest on bank facilities - Overdraft Interest on bank facilities - Loan Other finance costs - Facility fees Interest on lease contracts (note 12(b)) Total finance costs 1. Grants received from Asian governments in response to the impact of Covid-19. Consolidated 30 June 2021 30 June 2020 $’000 359,684 359,684 $’000 365,674 365,674 Consolidated 30 June 2021 30 June 2020 $’000 (6,338) 6,151 1,430 2,527 60 3,830 $’000 1,732 (1,556) 1,736 2,498 75 4,485 Consolidated 30 June 2021 30 June 2020 $’000 3,873 3,402 7,275 8,588 21,607 37,470 3,578 6,351 (1,273) 1,182 (13) - - 876 6,876 1,780 2,746 1,009 3,616 7,895 25,967 - 2,592 1,444 4,036 1,941 5,977 $’000 3,533 1,708 5,241 9,624 19,616 34,481 2,180 7,151 (1,071) 825 2,385 1,319 1,600 - 5,052 2,152 3,006 1,128 1,202 11,017 29,686 36 3,779 1,042 4,857 2,268 7,125 iphltd.com.au 2021 Annual Report 67 Note 8. Income tax expense Income tax expense Current tax Deferred tax Over provided in prior years Aggregate income tax expense Deferred tax included in income tax expense comprises: Increase in deferred tax assets (note 13) Decrease in deferred tax liabilities (note 13) Reconciliation of income tax expense and tax at the statutory rate Profit before income tax expense Tax at the statutory tax rate of 30% Tax effect amounts which are not deductible/(taxable) in calculating taxable income: Permanent differences Equity settled share based payments Acquisition costs Difference in overseas tax rates Over provision with respect to current tax in prior years Over provision with respect to deferred tax in prior years Other Effect of income that is exempt from tax Income tax expense Note 9. Current assets - cash and cash equivalents Cash on hand Cash at bank 1 Term deposit 1. Restricted cash cover for bank facilities. Note 10. Current assets - trade and other receivables Trade receivables from contracts with customers Less: Loss allowance and ECL Consolidated 30 June 2021 30 June 2020 $’000 $’000 20,683 (3,395) (1,009) 16,279 854 (4,249) (3,395) 69,879 20,964 48 (1,098) 1,424 (3,831) (1,009) (219) - - 23,935 (6,859) (136) 16,940 (1,520) (5,339) (6,859) 71,692 21,508 108 (169) 249 (4,683) (136) - 63 - 16,279 16,940 Consolidated 30 June 2021 30 June 2020 $’000 62 71,070 20 71,152 $’000 162 81,898 850 82,910 Consolidated 30 June 2021 30 June 2020 $’000 86,236 (2,870) 83,366 $’000 91,886 (2,754) 89,132 Impairment of receivables The Group has recognised a loss of $1,447,000 (2020: $1,855,000) in profit or loss in respect of the loss allowance for the year ended 30 June 2021. The Group measures the loss allowance for trade receivables and an amount equal to the lifetime ECL. The expected credit losses are estimated via a provision matrix based on the Group’s historical credit loss experience. This is then adjusted for factors that are specific to the debtors, general economic conditions and an assessment of both the current and forecasted direction of conditions at the reporting date, including time value of money where appropriate. Expected credit losses for ageing categories1 Past due more than 91 days 1. Ageing brackets not covered are deemed immaterial. Movements in the loss allowance for impairment of receivables are as follows: Opening balance Additional provisions recognised through business combinations (note 28) Additional provisions recognised Receivables written off during the year as uncollectable Closing balance Consolidated 30 June 2021 30 June 2020 $’000 2,549 $’000 2,396 Consolidated 30 June 2021 30 June 2020 $’000 2,754 - 1,447 (1,331) 2,870 $’000 1,249 470 1,855 (820) 2,754 iphltd.com.au 2021 Annual Report 68 Note 10. Current assets - trade and other receivables (Cont) Trade receivable ageing The ageing of trade receivables are as follows: Current 0 to 60 days overdue 61 to 90 days overdue Past due more than 91 days Ageing has been calculated with reference to the trading terms of local clients (30 days) and international clients (90 days). No interest is charged on outstanding trade receivables. Note 11. Current assets - other Prepayments Foreign exchange contracts (note 22) Net investment in sub-lease Other current assets Note 12. Non-current assets (a) Property, plant and equipment Leasehold improvements - at cost Less: Accumulated depreciation Plant and equipment - at cost Less: Accumulated depreciation Furniture, fixtures and fittings - at cost Less: Accumulated depreciation Computer equipment - at cost Less: Accumulated depreciation Consolidated 30 June 2021 30 June 2020 $’000 58,388 9,657 4,646 10,675 83,366 $’000 52,282 26,895 2,882 7,073 89,132 Consolidated 30 June 2021 30 June 2020 $’000 2,888 - 307 850 4,045 $’000 3,697 384 - 173 4,254 Consolidated 30 June 2021 30 June 2020 $’000 15,180 (9,401) 5,779 1,659 (1,413) 246 5,000 (3,910) 1,090 27,255 (24,192) 3,063 10,178 $’000 14,846 (8,038) 6,808 1,589 (1,359) 230 6,281 (4,228) 2,053 29,093 (24,911) 4,182 13,273 Reconciliations Reconciliations of the written down values at the beginning and end of the current and previous financial year are set out below: Consolidated Balance at 1 July 2019 Additions Additions through business combinations (note 28) Disposals Impairment Exchange differences Depreciation expense Balance at 30 June 2020 Additions Additions through business combinations (note 28) Disposals / Transfers Impairment Exchange differences Depreciation expense Balance at 30 June 2021 Leasehold improvements Plant and equipment Furniture, fixtures and fittings Computer equipment $’000 $’000 $’000 $’000 Total $’000 3,911 424 5,366 (240) (1,319) (33) (1,301) 6,808 269 139 (180) - 145 (1,402) 5,779 171 80 41 - - (3) (59) 230 36 - 83 - 252 (355) 246 1,044 383 913 - - (10) (277) 2,053 86 13 (810) - (175) (77) 1,090 1,566 1,230 3,314 (2) - (30) (1,896) 4,182 1,423 39 357 (479) (420) (2,039) 3,063 6,692 2,117 9,634 (242) (1,319) (76) (3,533) 13,273 1,814 191 (550) (479) (198) (3,873) 10,178 iphltd.com.au 2021 Annual Report 69 Note 12. Non-current assets (Cont) (b) Leases The Group enters leases in relation to office space and office equipment. The Statement of Financial Position shows the following amounts relating to leases: Right-of-use assets Balance at 1 July 2019 Adoption of AASB 16 Remeasurements Additions through business combinations (note 28) Depreciation expense Impairment arising from onerous leases Exchange gains / (losses) Balance at 30 June 2020 Additions Additions through business combinations (note 28) Remeasurements Depreciation expense Disposals / Reclasses Exchange gains / (losses) Balance at 30 June 2021 Lease Liabilities Current Non-current The Statement of Profit or Loss and Other Comprehensive Income shows the following amounts relating to leases: Depreciation charge - Right-of-use assets Interest expense (included in finance costs) Expense relating to variable lease payments not included in lease liabilities (included in occupancy expenses) Income from subleasing of right-of-use assets (included in other income) Impairment of right-of-use assets and remeasurement of lease liability Total cash outflow for leases in 2021 was $11,162,000 (2020: $9,630,000). (c) Intangibles Goodwill - at cost Patents and trade marks - at cost Less: Accumulated amortisation Capitalised software development - at cost Less: Accumulated amortisation Customer Relationships Less: Accumulated amortisation Less: Impairment Premises Equipment $’000 $’000 Total $’000 - 29,730 2,562 20,222 (9,475) (4,661) 162 38,540 526 1,186 - (8,446) (927) (439) 30,440 - 357 66 - (149) - (6) 268 71 - 9 (142) - (7) 199 - 30,087 2,628 20,222 (9,624) (4,661) 156 38,808 597 1,186 9 (8,588) (927) (446) 30,639 Consolidated 30 June 2021 30 June 2020 $’000 10,012 33,223 43,235 $’000 11,076 42,587 53,663 Consolidated 30 June 2021 30 June 2020 $’000 8,588 1,941 1,856 (386) (13) $’000 9,624 2,268 2,818 (260) 2,385 Consolidated 30 June 2021 30 June 2020 $’000 296,434 17,293 (5) 313,722 15,067 (9,370) 5,697 218,284 (68,654) (961) 148,669 468,088 $’000 298,038 17,232 - 315,270 10,792 (6,022) 4,770 212,011 (47,831) (961) 163,219 483,259 iphltd.com.au 2021 Annual Report 70 Note 12. Non-current assets (Cont) Reconciliations Reconciliations of the written down values at the beginning and end of the current and previous financial year are set out below: Consolidated Balance at 1 July 2019 Exchange differences Additions Additions through business combinations (note 28) Impairment1 Amortisation expense Balance at 30 June 2020 Exchange differences Additions Additions through business combinations (note 28) Amortisation expense Balance at 30 June 2021 Goodwill Patents and trade marks Customer relationships Capitalised software development $’000 $’000 $’000 $’000 Total $’000 184,648 (530) - 113,920 - - 298,038 (3,590) - 1,986 - 296,434 4,189 - 43 14,600 (1,600) - 17,232 61 - - (5) 17,288 62,735 - - 120,100 - (19,616) 163,219 296 - 6,756 (21,602) 148,669 3,481 (6) 3,003 - - (1,708) 4,770 (35) 4,364 - (3,402) 5,697 255,053 (536) 3,046 248,620 (1,600) (21,324) 483,259 (3,268) 4,364 8,742 (25,009) 468,088 1. On 1 July 2020 Watermark was merged with Griffith Hack and will operate under the Griffith Hack name. As a result, the intangible asset relating to the former Watermark trademark has been assessed as having no ongoing economic benefit and hence has been written off. Impairment testing For the purposes of impairment testing, goodwill is allocated to cash generating units (CGUs) that are an identifiable group of assets that generate cash associated with the goodwill. A summary of the goodwill by CGU is set out below: CGU Spruson & Ferguson Australia Pizzeys AJ Park Segment Australia & NZ Australia & NZ Australia & NZ Spruson & Ferguson (Hong Kong) Asia Griffith Hack Shelston Spruson & Ferguson Asia Other Total Australia & NZ Australia & NZ Asia Asia Consolidated 30 June 2021 30 June 2020 $’000 52,958 68,158 43,278 31,828 54,006 36,992 8,888 326 $’000 52,958 68,158 41,424 34,839 54,006 36,992 9,355 306 296,434 298,038 The recoverable amount of a CGU is determined primarily utilising a value-in-use calculation and secondly based on estimated net selling prices. Value-in-use calculations use cash flow projections based on financial budgets prepared by management and approved by the Board. Cashflows for future years are extrapolated using the estimated growth rates stated below. After five years a terminal growth rate is assumed and terminal value-in-use calculated. The terminal growth rates do not exceed the average growth rates that the business has experienced and are generally lower than the short term growth rates assumed. Key assumptions used for value-in-use calculations CGU Spruson & Ferguson Australia Spruson & Ferguson Asia Pizzeys AJ Park S&F Hong Kong Griffith Hack Shelston 5 yr EBITDA CAGR Terminal growth rates Pre-Tax Pre-Tax Post-Tax Post-Tax Discount rates1 2021 % 4.2 8.0 5.1 3.4 13.2 5.5 5.7 2020 % 4.1 8.2 4.9 4.0 13.6 6.6 5.9 2021 2020 % 2.0 2.0 2.0 2.0 2.0 2.0 2.0 % 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2021 % 13.6 12.6 13.6 13.2 13.8 13.6 13.6 2020 % 15.0 12.6 15.0 14.6 13.8 15.0 15.0 2021 % 9.5 10.5 9.5 9.5 11.5 9.5 9.5 2020 % 10.5 10.5 10.5 10.5 11.5 10.5 10.5 1. The post-tax discount rate has been applied to discount the future attributable post-tax cash flows. At 30 June 2021, the assessed value-in-use for each CGU exceeded the carrying amounts of the CGU and no impairment loss was recognised. It has been determined that a reasonable change in key assumptions would not result in an impairment loss. Note 13. Deferred tax assets/liabilites The net deferred tax asset comprises the following balances: Loss allowance Property, plant and equipment Provisions Accrued expenses Unbilled revenue Prepayments Foreign exchange Transaction costs Leased assets Software Intangible assets - Customer Relationships Intangible assets - Trademarks Sundry Financial Instruments Fair value movement on Investments Opening balance Recognised in profit or loss Acquisitions Recognised in equity Closing balance $’000 $’000 $’000 $’000 $’000 545 399 5,309 1,543 (1,141) (131) 978 3,366 3,612 (56) (48,780) (4,305) 762 211 - (37,688) (70) (1,007) (22) (927) (35) 89 (1,577) (961) (194) 751 6,065 - 706 20 557 3,395 - - - - - - - - - - (1,892) - - - - (1,892) - - - - - - - - - - - - - (81) - (81) 475 (608) 5,287 616 (1,176) (42) (599) 2,405 3,418 695 (44,607) (4,305) 1,468 150 557 (36,266) iphltd.com.au 2021 Annual Report 71 Note 13. Deferred tax assets/liabilites (Cont) Disclosed as: Deferred tax asset Deferred tax liability Note 14. Current liabilities - trade and other payables Trade payables Sundry creditors and accruals Note 15. Current liabilities - provisions Employee benefits Provision for onerous contracts Other provisions Movement in provision for onerous contracts Opening balance at beginning of financial year Additions Current / non-current reclasses Payment of onerous contracts Closing balance at the end of financial year Note 16. Non-current liabilities - borrowings Non Current Multicurrency loan facility Consolidated 30 June 2021 30 June 2020 $’000 $’000 34 (36,300) (36,266) 103 (37,791) (37,688) Consolidated 30 June 2021 30 June 2020 $’000 15,227 8,794 24,021 $’000 15,064 9,669 24,733 Consolidated 30 June 2021 30 June 2020 $’000 21,451 370 - 21,821 $’000 18,577 523 60 19,160 Consolidated 30 June 2021 30 June 2020 $’000 523 169 348 (670) 370 $’000 - 523 - - 523 Consolidated 30 June 2021 30 June 2020 $’000 $’000 116,159 116,159 151,238 151,238 On 28 June 2021, the Group entered into a facilities agreement (‘Agreement’) with HSBC, Westpac, ANZ and CBA which refinanced the facilities previously outstanding with HSBC and Westpac. The facilities under the Agreement comprise: - A $115m multicurrency revolving loan facility; - A $70m acquisition term loan facility; and - A $25m revolving credit facility for the general corporate purposes of the Group. The Agreement has a term of three years maturing on 4 July 2024. Assets pledged as security The bank facility made available by HSBC, ANZ, CBA and Westpac is secured by cross guarantee and all assets from IPH Limited and a number of its wholly owned subsidiaries. The value of current and non-current assets pledged as security are as noted on the consolidated Statement of Financial Position. Financing arrangements Unrestricted access was available at the reporting date to the following lines of credit: Total facilities Loan facilities Working capital facility Used at the reporting date Loan facilities Bank guarantees drawn under working capital facility Unused at the reporting date Loan facilities Working capital facility Consolidated 30 June 2021 30 June 2020 $’000 $’000 185,000 25,000 210,000 116,159 116,159 190,000 20,000 210,000 151,238 151,238 8,760 12,813 68,841 16,240 85,081 38,762 7,187 45,949 iphltd.com.au 2021 Annual Report 72 Note 17. Non-current liabilities - provisions Employee benefits Provision for onerous contracts Other provisions Movement in provision for onerous contracts Opening balance at beginning of financial year Additions Current / non-current reclasses Cancellation of onerous contract Closing balance at the end of financial year Note 18. Equity - issued capital Ordinary Class shares - fully paid Movements in ordinary share capital Opening balance Acquisition of Xenith IP Group Ltd (note 28) Performance and retention rights exercised Dividend reinvestment - final dividend (note 21) Dividend reinvestment - interim dividend (note 21) Balance at 30 June 2020 Performance and retention rights exercised Dividend reinvestment - final dividend (note 21) Acquisition of Baldwins Intellectual Property (note 28) Dividend reinvestment - interim dividend (note 21) Balance at 30 June 2021 Ordinary shares Consolidated 30 June 2021 30 June 2020 $’000 730 135 188 1,053 $’000 565 643 - 1,208 Consolidated 30 June 2021 30 June 2020 $’000 643 - (348) (160) 135 $’000 - 643 - - 643 Consolidated Consolidated 30 June 2021 30 June 2020 30 June 2021 30 June 2020 Shares 217,203,866 217,203,866 Shares 214,396,164 214,396,164 Date 1 July 2019 15 August 2019 28 August 2019 18 September 2019 13 March 2020 11 September 2020 18 September 2020 16 October 2020 19 March 2021 $’000 417,079 417,079 Shares 197,341,566 15,581,683 510,320 307,613 654,982 $’000 402,149 402,149 $’000 262,763 130,730 - 2,879 5,777 214,396,164 402,149 553,071 950,862 335,016 968,753 - 6,462 2,447 6,021 217,203,866 417,079 Ordinary shares entitle the holder to participate in dividends and the proceeds on the winding up of the Company in proportion to the number of and amounts paid on the shares held. The fully paid ordinary shares have no par value and the Company does not have a limited amount of authorised capital. On a show of hands every member present at a meeting in person or by proxy shall have one vote and upon a poll each share shall have one vote. Employee Share Trust On 1 July 2017, IPH established the Employee Share Trust for the purpose of acquiring and allocating shares granted through the IPH Employee Incentive Plan. As at 30 June 2021, the number of shares held by the trust was 866,186 (2020: 579,154). 553,071 shares were issued to the trust during the year. Share buy-back There were no shares bought back during the year ended 30 June 2021. Capital risk management The Group’s objectives when managing capital is to safeguard its ability to continue as a going concern, so that it can provide returns for shareholders and benefits for other stakeholders and to maintain an optimum capital structure to reduce the cost of capital. In order to maintain or adjust the capital structure, the Group may adjust the amount of dividends paid to shareholders, return capital to shareholders, issue new shares or sell assets to reduce debt. The Group would look to raise capital when an opportunity to invest in a business or company was seen as value adding relative to the current Company’s share price at the time of the investment. The Group is subject to certain financing arrangements covenants and meeting these is given priority in all capital risk management decisions. There have been no events of default on the financing arrangements during the financial year. Dividend reinvestment plan The group operates a dividend reinvestment plan. The issue price is the average of the daily volume weighted average market price of all shares sold by normal trade during the 10 days trading days commencing on the second trading day following the dividend record date. iphltd.com.au 2021 Annual Report 73 Note 19. Equity - reserves Foreign currency reserve Share-based payments reserve Minority interest acquisition reserve Other reserve Foreign currency reserve Consolidated 30 June 2021 30 June 2020 $’000 (1,959) 10,200 (14,814) 5,073 (1,500) $’000 3,342 7,149 (14,814) 4,791 468 The reserve is used to recognise exchange differences arising from the translation of the financial statements of foreign operations to Australian dollars. It is also used to recognise gains and losses on hedges of the net investments in foreign operations. Share-based payments reserve The reserve is used to recognise the value of equity benefits provided to employees and Directors as part of their remuneration, and other parties as part of their compensation for services. Specifically the reserve relates to performance rights issued by the Company to its employees under its LTIP. Minority interest acquisition reserve This reserve represents the difference between the amount by which non-controlling interests are adjusted and the fair value of the consideration paid or received, where there is no change in control and arose on the initial listing of IPH. Other reserve This reserve includes the following items: - fair value gains or losses on investments in equity instruments designated as FVTOCI; and - revaluation of hedging instruments ($503k at 30 June 2021). Movements in reserves Movements in each class of reserve during the current and previous financial year are presented in the Statement of Changes in Equity. Note 20. Equity - retained profits Retained profits at the beginning of the financial year Profit after income tax expense for the year attributable to owners of IPH Limited Transitional impact on adoption of AASB16 Dividends paid (note 21) Retained profits at the end of the financial year Note 21. Equity - dividends Interim dividend December 2019 - paid 13 March 2020 December 2020 - paid 19 March 2021 Final dividend June 2019 - paid 18 September 2019 June 2020 - paid 18 September 2020 Consolidated 30 June 2021 30 June 2020 $’000 20,045 53,600 - (62,432) 11,213 $’000 24,012 54,752 (2,183) (56,536) 20,045 Cents per share 13.5 14.0 13.0 15.0 Consolidated 30 June 2021 30 June 2020 $’000 - 30,273 - 32,159 $’000 28,856 - 27,680 - On 19 August 2021, the Company declared an ordinary dividend of 15.5 cents per share (franked at 40%) to be paid on 17 September 2021. The dividend value is $33,666,600. No provision for this dividend has been recognised in the Statement of Financial Position as at 30 June 2021, as it was declared after the end of the financial year. Dividend Reinvestment Plan The Dividend Reinvestment Plan was active during the financial year. 1,919,615 (2020: 962,595) shares were issued to participants totalling $12,483,000 (2020: $8,656,199). Franking credits Franking credits available for subsequent financial years based on a tax rate of 30% Consolidated 30 June 2021 30 June 2020 $’000 2,050 $’000 9,100 The above amounts represent the balance of the franking account as at the end of the financial year, adjusted for franking credits that will arise from the payment of the amount of the provision for income tax at the reporting date. iphltd.com.au 2021 Annual Report 74 Note 22. Financial instruments Financial risk management objectives The Group’s overall risk management program focuses on the unpredictability of financial markets and seeks to minimise potential adverse effects on the financial performance of the Group. The Group’s principal financial instruments, other than derivatives, comprise of cash and bank loan facilities. The main purpose of financial instruments is to manage liquidity and hedge the Group’s exposure to financial risks, namely: - foreign currency risk; - interest rate risk; - liquidity risk; and - credit risk. The Group uses derivatives to reduce the Group’s exposure to fluctuations in interest rates and foreign exchange rates. These derivatives create an obligation or a right that effectively transfers one or more of the risks associated with an underlying financial instrument, asset or obligation. Derivative financial instruments that the Group uses to hedge its risks include: - foreign exchange contracts; and - interest rate swaps. The Group does not trade in derivative instruments for speculative purposes. The Group uses different methods to measure the different types of risks to which it is exposed, including sensitivity analysis in the case of interest rate and foreign exchange and ageing analysis for credit risk. i) Market risk Foreign currency risk The Group undertakes certain transactions denominated in foreign currency and is exposed to foreign currency risk through foreign exchange rate fluctuations. Foreign exchange risk arises from future commercial transactions and recognised financial assets and financial liabilities denominated in a currency that is not the entity’s functional currency. The risk is measured using sensitivity analysis and cash flow forecasting. The focus is on minimising exposure to fluctuations in the rate of the United States Dollar (“USD”) and the European Union’s Euro (“EUR”) which represent most of the Group’s foreign currency exposure. The Group’s net asset exposure at the reporting date was as follows: 30 June 2021 Net asset exposure (Local Currency) 30 June 2020 Net asset exposure (Local Currency) 1. Australian dollar equivalent. A$'000 US$'000 362,272 37,093 €'000 3,126 S$000 NZD$000 7,959 7,850 Other1 1,271 348,005 41,491 5,736 9,628 7,137 3,369 The sensitivity of the Group's Australian dollar denominated Profit or Loss account and Statement of Financial Position to foreign currency movements is based on a 10% fluctuation (2020: 10% fluctuation) on the average rates during the financial year. This analysis assumes that all other variables including interest rates remain constant. A 10% movement in the average foreign exchange rates would have impacted the Group's profit after tax and equity as follows: USD Euro SGD NZD Other currencies Net exposure to foreign currency risk Interest rate risk 10% Weakening 10% Strengthening 2021 $’000 4,492 450 717 664 116 6,439 2020 $’000 5,046 744 729 667 337 7,523 2021 $’000 (4,941) (495) (788) (731) (127) 2020 $’000 (4,587) (677) (662) (606) (306) (7,082) (6,838) The Group’s main interest rate risk arises from its borrowings. Borrowings issued at variable rates expose the Group to interest rate risk. Borrowings issued at fixed rates expose the Group to fair value interest rate risk. The Group’s policy is to seek to reduce its interest rate exposure using interest rate swaps. Instruments in place at year end are summarised in the table below: As at 30 June 2021 Interest rate swaps As at 30 June 2020 Interest rate swaps As at the reporting date, the Group had the following variable rate borrowings outstanding: Consolidated Multicurrency loan facility Net exposure to cash flow interest rate risk ii) Liquidity risk Carrying amount ($'000) Notional amount ($'000) Hedge ranges % p.a. Average maturity profile years (503) 50,000 0.79-0.92 (774) 50,000 0.79-0.92 <5 <5 30 June 2021 30 June 2020 Weighted average interest rate % 1.49 Balance $’000 116,159 116,159 Weighted average interest rate % 1.87 Balance $’000 151,238 151,238 Liquidity risk management requires the Group to maintain sufficient liquid assets (mainly cash and cash equivalents) and available borrowing facilities to be able to pay debts as and when they become due and payable. The Group manages liquidity risk by maintaining adequate cash reserves and available borrowing facilities by continuously monitoring actual and forecast cash flows and matching the maturity profiles of financial assets and liabilities. Refer to the Remaining Contractual Maturities section in this note for a breakdown of future cash commitments of the Group. iphltd.com.au 2021 Annual Report 75 Note 22. Financial instruments (Cont) iii) Credit risk Credit risk refers to the risk that a counterparty will default on its contractual obligations resulting in financial loss to the Group. The Group may obtain payment in advance or restrict the services offered where appropriate to mitigate credit risk. The maximum exposure to credit risk at the reporting date to recognised financial assets is the carrying amount, net of any provisions for impairment of those assets, as disclosed in the Statement of Financial Position and notes to the financial statements. The Group does not have any material credit risk exposure to any single debtor or group of debtors and does not hold any collateral. iv) Price risk The Group is not exposed to any significant price risk. Offsetting financial assets and financial liabilities The Group presents its derivative assets and liabilities on a gross basis. Derivative financial instruments Fair value hedge A fair value hedge is a hedge of the exposure to changes in fair value of an asset or liability that is attributable to a particular risk and could affect the Statement of Comprehensive Income. Changes in the fair value of derivatives (hedging instruments) that are designated as fair value hedges are recorded in profit or loss, together with any changes in the fair value of the hedged asset or liability that are attributable to the hedged risk (hedged item). If the hedge no longer meets the criteria for hedge accounting, the adjustment to the carrying amount of a hedged item for which the effective interest method is used is amortised to profit or loss over the period to maturity using a recalculated effective interest rate. Cashflow hedge A cash flow hedge is a hedge of the exposure to variability in cash flows attributable to a particular risk of a highly probable forecast transaction or a recognised asset or liability. The effective portion of changes in the fair value of derivatives that are designated as cash flow hedges is recognised in other comprehensive income in equity via the cash flow hedge reserve. Amounts accumulated in equity are reclassified to profit or loss in the periods when the hedged item affects profit or loss. Any gain or loss related to ineffectiveness is recognised in profit or loss immediately. At inception of a hedge relationship the Group formally designates and documents the relationship between the hedging instrument and the hedged item, along with the risk management objectives and strategy for undertaking the hedge transaction. Both at inception and an ongoing basis that the hedging instrument is effective in offsetting changes in cash flows and fair values of the hedged item attributable to the hedged risk, which is when the hedging relationship meets all of the following hedge effectiveness requirements: — an economic relationship between the hedged item and the hedging instrument; — effect of credit risk does not dominate the value changes that result from that economic relationship; and — hedge ratio of the designated hedge is the same; that is the Group hedges the same quantity of the hedging instrument and the hedged item. Hedge accounting is discontinued when the hedging instrument expires, is terminated, is no longer in an effective hedge relationship, or the forecast transaction is no longer expected to occur. The fair value gain or loss of derivatives recorded in equity is recognised in profit or loss over the period that the forecast transaction is recorded in profit or loss. If the forecast transaction is no longer expected to occur, the cumulative gain or loss in equity is recognised in profit or loss immediately. Effects of hedge accounting on the financial position and performance The effects of the interest rate swaps on the group's financial position and performance are as follows: Carrying amount (non-current liability) Notional amount Maturity date Hedge ratio Change in fair value of outstanding hedging instruments since inception of hedge Change in value of hedged item used to determine hedge effectiveness Weighted average hedged rate for the year The group has the following derivative financial instruments in the following line items in the Statement of Financial Position: Current assets Foreign exchange contracts - fair value hedges Non-current liabilities Interest rate swaps - cash flow hedges Consolidated $’000 $’000 30 June 2021 (503) 50,000 2023 1:1 (503) 503 1.01% 30 June 2020 (774) 50,000 2023 1:1 (774) 774 1.5% Consolidated $’000 $’000 30 June 2021 30 June 2020 - - 503 503 384 384 774 774 iphltd.com.au 2021 Annual Report 76 Note 22. Financial instruments (Cont) Remaining contractual maturities The following tables detail the Group’s remaining contractual maturity for its financial instrument liabilities. The tables have been drawn up based on the undiscounted cash flows of financial liabilities based on the earliest date on which the financial liabilities are required to be paid. The tables include both interest and principal cash flows disclosed as remaining contractual maturities and therefore these totals may differ from their carrying amount in the statement of financial position. The cash flows in the maturity analysis below are not expected to occur significantly earlier than contractually disclosed below. Consolidated - 30 June 2021 Non-derivatives Non-interest bearing Trade payables Sundry creditors and accruals Interest-bearing - variable Lease liabilities Multi-option facility Total non-derivatives Consolidated - 30 June 2020 Non-derivatives Non-interest bearing Trade payables Other payables and accruals Interest-bearing - variable Lease liabilities Multicurrency loan facility Total non-derivatives Weighted average interest rate 1 year or less Between 1 and 2 years Between 2 and 5 years Over 5 years Remaining contractual maturities % $’000 $’000 $’000 $’000 $’000 - - 4.49% 1.49% Weighted average interest rate 15,227 8,794 11,546 1,731 37,298 - - 8,863 1,731 10,594 - - 17,541 117,890 135,431 - - 10,366 - 10,366 1 year or less Between 1 and 2 years Between 2 and 5 years Over 5 years 15,227 8,794 48,316 121,352 193,689 Remaining contractual maturities % $’000 $’000 $’000 $’000 $’000 - - 4.23% 1.87% 15,064 9,669 14,901 2,828 42,462 - - 14,087 152,888 166,975 - - 20,170 - 20,170 - - 13,546 - 13,546 15,064 9,669 62,704 155,716 243,153 The following tables detail the Group's assets and liabilities, measured or disclosed at fair value, using a three level hierarchy, based on the lowest level of input that is significant to the entire fair value measurement, being: Level 1 Unadjusted quoted prices in active markets for identical assets or liabilities that the entity can access at the measurement date. Level 2 Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly. Level 3 Unobservable inputs for the asset or liability. The Board considers that the carrying amount of financial assets and financial liabilities recognised in the financial statements approximate their fair value. The table below shows the assigned level for each asset and liability held at fair value by the Group: Consolidated - 30 June 2021 Financial assets measured at fair value Forward foreign exchange contracts Total current assets Financial liabilities measured at fair value Interest rate swaps1 Total non-current liabilities 1. The Level 2 input for foreign exchange contracts is based on fair value calculations as at 30 June 2021. Consolidated - 30 June 2020 Financial assets measured at fair value Forward foreign exchange contracts Total current assets Financial liabilities measured at fair value Interest rate swaps Total non-current liabilities Level 1 $’000 Level 2 $’000 Level 3 $’000 - - - - - - 503 503 - - - - Level 1 $’000 Level 2 $’000 Level 3 $’000 - - - - 384 384 774 774 - - - - Total $’000 - - 503 503 Total $’000 384 384 774 774 iphltd.com.au 2021 Annual Report 77 Note 23. Key management personnel disclosures Compensation The aggregate compensation made to Directors and other members of key management personnel of the Group is set out below: Short-term employee benefits Post-employment benefits Long-term benefits Share-based payments Note 24. Remuneration of auditors During the financial year the following fees were paid or payable for services provided by Deloitte Touche Tohmatsu, the auditor of the Company, and unrelated firms: Audit services - Deloitte Touche Tohmatsu (Australia) Audit or review of the financial statements Other assurance services Deloitte Touche Tohmatsu (Singapore) Audit or review of the financial statements Audit services - unrelated firms Audit or review of the financial statements Other services - unrelated firms Corporate and taxation services Note 25. Contingent liabilities The Group has given bank guarantees in respect of leased office premises as at 30 June 2021 of $8,760,000 (2020: $12,813,000). Note 26. Related party transactions Parent entity IPH Limited is the parent entity. Subsidiaries Interests in subsidiaries are set out in note 30. Key management personnel Disclosures relating to key management personnel are set out in note 23 and the remuneration report in the Directors’ report. Transactions with related parties There were no additional transactions with related parties. Note 27. Parent entity information Set out below is the supplementary information about the parent entity. Statement of profit or loss and other comprehensive income Profit after income tax Other comprehensive income Statement of financial position Total current assets Total assets Total current liabilities Total liabilities Equity Issued capital Share-based payments reserve Other Reserves Retained earnings Consolidated 30 June 2021 30 June 2020 $ 3,190,346 122,502 59,545 964,622 4,337,015 $ 2,979,854 117,899 129,347 1,016,866 4,243,966 Consolidated 30 June 2021 30 June 2020 $ $ 491,400 17,850 509,250 66,800 66,800 522,000 17,500 539,500 65,232 65,232 42,452 45,984 79,126 121,578 147,500 193,484 Parent 30 June 2021 30 June 2020 $’000 79,828 - 79,828 123,948 571,827 5,037 121,850 417,079 11,406 5,059 16,433 449,977 $’000 45,743 313 46,056 116,543 503,290 3,874 87,859 402,149 9,450 4,792 (960) 415,431 iphltd.com.au 2021 Annual Report 78 Note 27. Parent entity information (Cont) Guarantees entered into by the parent entity in relation to the debts of its subsidiaries Other than the security provided for the debt facility agreement as disclosed in note 16, the parent entity had no guarantees in relation to the debts of its subsidiaries as at 30 June 2021 apart from being party to the deed of cross guarantee as detailed in Note 34. Contingent liabilities The parent entity had no contingent liabilities as at 30 June 2021. Capital commitments - Property, plant and equipment The parent entity had no capital commitments for property, plant and equipment as at 30 June 2021. Significant accounting policies The accounting policies of the parent entity are consistent with those of the Group, as disclosed in note 2. Note 28. Business combinations Acquisitions undertaken in the year ended 30 June 2021 Balwdins Intellectual Property On 16 October 2020 the Group completed the acquisition of New Zealand intellectual property firm Baldwins Intellectual Property (Baldwins). The transaction was effected by the Group's subsidiary, AJ Park IP, acquiring the patent attorney business of Baldwins and the benefits of Baldwins' legal business through the acquisition of that legal business by AJ Park IP's allied law firm, AJ Park Law. The final agreed purchase price was NZ$7,500,000. Established in 1896, Baldwins is a well-known New Zealand IP firm, with four partners and other high quality IP professional staff working from Auckland and Wellington offices. Clients include large multi-national corporations, universities, government agencies, start-ups and individual inventors. The initial accounting for the acquisition has only been provisionally determined at the end of the reporting period with the 12 month period from acquisition date to end October 2021. Equity instruments issued A$2,447,288 of the purchase price was settled by way of the issue of 335,016 ordinary shares in IPH to the vendors of Baldwins (with those shares being escrowed for two years). The shares issued have been recorded in the financial statements at the acquisition date fair value of $7.31 per share. Consideration transferred The following table summarises the acquisition date fair value of each major class of consideration transferred. Cash Equity instruments (335,016 ordinary shares) Total acquisition value The Group incurred acquisition costs of $972,932. These costs have been included in business acquisition expenses in the Statement of Profit or Loss. Identifiable assets acquired and liabilities assumed The following table summarises the recognised amounts of assets acquired and liabilities assumed at the date of acquisition. Contract assets Other assets Property, plant and equipment Right-of-use assets Intangible assets - customer relationships Trade and other payables Provisions Deferred tax liability Interest bearing lease liabilities Net assets acquired Goodwill Acquisition-date fair value of total consideration transferred Cash used to acquire business, net of cash acquired: Acquisition-date fair value of total consideration transferred Less: shares issued by company as part of consideration Net cash used Acquisitions undertaken in the year ended 30 June 2020 Xenith IP Group Ltd $’000 4,659 2,447 7,106 Fair value $’000 208 126 191 1,186 6,756 (87) (182) (1,892) (1,186) 5,120 1,986 7,106 7,106 (2,447) 4,659 On 15 August 2019, the Group acquired the remaining 80.1% of ordinary shares of Xenith IP Group Limited which it did not already own under the terms of a Scheme of Arrangement. As a result the Group's consolidated FY21 statement of profit and loss contains approximately 6 weeks more of Xenith IP Group Limited's statement of profit and loss in comparison to the Group's FY20 statement of profit and loss. The final accounting for the acquisition was finalised during the previous financial year. iphltd.com.au 2021 Annual Report 79 Note 29. Events after the reporting period On 1 July 2021 IPH Ltd completed the acquisition of Applied Marks Pty Ltd for upfront consideration of $5m with potential further $2.1m subject to performance requirements. The fair value of the assets and liabilities acquired is yet to be assessed due to the proximity of the date of acquisition to the date of this financial report. Note 30. Interests in subsidiaries The consolidated financial statements incorporate the assets, liabilities and results of the following subsidiaries in accordance with the accounting policies described in note 2: Name AJ Park IP Ltd AJ Park IP Pty Ltd AJ Park Law Ltd5 IPH Holdings (Asia) Pte Ltd IPH (Thailand) Ltd4 Spruson & Ferguson Ltd Pizzeys Pte Ltd PT Spruson Ferguson Indonesia IPH Services Pty Ltd2,3 Pizzeys Patent & Trade Mark Attorneys Pty Ltd2,3 Practice Insight Pty Limited2,3 WiseTime LLC Spruson & Ferguson (Hong Kong) Ltd Spruson & Ferguson Intellectual Property Agency (Beijing) Company Ltd Spruson & Ferguson Limited Spruson & Ferguson (Shanghai) Ltd Spruson & Ferguson Pty Limited2,3 Spruson & Ferguson (Asia) Pte Limited Spruson & Ferguson Lawyers Pty Limited2,3 Spruson & Ferguson (M) SDN BHD Spruson & Ferguson (NSW) Pty Limited2,3 WiseTime GmbH Xenith IP Group Pty Ltd2,3,6 Griffith Hack Holdings Pty Ltd2,3,6 GH PTM Pty Ltd2,3,6 GH Law Pty Ltd2,3,6 Intellectual Property Management Pty Ltd2,3,6 Glasshouse Advisory Pty Ltd2,3,6 Shelston IP Lawyers Pty Ltd2,3,6 Shelston IP Pty Ltd2,3,6 Watermark Holdings Pty Ltd2,3,6 Watermark Advisory Services Pty Ltd2,3,6 Watermark Australasia Pty Ltd2,3,6 Watermark Intellectual Property Lawyers Pty Ltd2,3,6 Watermark Intellectual Property Pty Ltd2,3,6 Xenith IP Services Pty Ltd2,3,6 1. IPH Limited is the head entity within the tax consolidated group. 2. These companies are members of the tax consolidated group. Principal place of busines/Country of incorporation Principal activities Ownership interest Ownership interest New Zealand Australia New Zealand Singapore Thailand Thailand Singapore Indonesia Australia Australia Australia United States of America Hong Kong China Hong Kong China Australia Singapore Australia Malaysia Australia Germany Australia Australia Australia Australia Australia Australia Australia Australia Australia Australia Australia Australia Australia Australia Patent attorneys Patent attorneys Lawyers Non trading entity Non trading entity Patent attorneys Patent attorneys Patent attorneys Support services Patent attorneys Data analysis and software Data analysis and software Patent attorneys Patent attorneys Non trading entity Patent attorneys Patent attorneys Patent attorneys Lawyers Patent attorneys Non trading entity Data analysis and software Non trading entity Non trading entity Patent attorneys Lawyers Non trading entity Non trading entity Lawyers Patent attorneys Non trading entity Non trading entity Non trading entity Lawyers Patent attorneys Support services 30 June 2021 100% 30 June 2020 100% 100% 0% 100% 49% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 0% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 0% 100% 49% 100% 100% 100% 100% 100% 100% 0% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 3. These wholly owned subsidiaries entered into a deed of cross guarantee with IPH limited pursuant to ASIC Corporations (Wholly-owned Companies) Instrument 2016/785 and are relieved from the requirements to prepare and lodge an audited financial report (note 34). 4. The Group holds 90.6% of the voting rights and thus has control of this entity. 5. These entities have Alliance Agreements with Group entities which results in consolidation in the IPH Group for Accounting purposes. 6. These entites were acquired by IPH Group in the financial year ended 30 June 2020. iphltd.com.au 2021 Annual Report 80 Note 31. Reconciliation of profit after income tax to net cash from operating activities Profit after income tax expense for the year Adjustments for: Depreciation and amortisation Impairment of Intangible assets Lease liability revaluations and loss on disposal of fixed assets Unrealised foreign exchange Share-based payments Change in operating assets and liabilities: Decrease/(Increase) in trade and other receivables (Increase) in deferred tax assets Decrease/(Increase) in other assets (Decrease) in trade and other payables (Decrease) in provision for income tax Increase/(Decrease) in deferred revenue Increase in provisions Net cash from operating activities Note 32. Earnings per share Profit after income tax Profit after income tax attributable to the owners of IPH Limited Weighted average number of ordinary shares used in calculating basic earnings per share Options over ordinary shares Weighted average number of ordinary shares used in calculating diluted earnings per share Basic earnings per share Diluted earnings per share Note 33. Share-based payments Consolidated 30 June 2021 30 June 2020 $’000 $’000 53,600 54,752 37,470 - 308 (4,070) 3,578 7,121 (3,314) (1,101) (2,703) (1,153) 169 2,744 92,649 34,481 1,600 3,704 1,556 2,180 (682) (9,100) 6,291 (3,658) (4,402) (53) 881 87,550 Consolidated 30 June 2021 30 June 2020 $’000 53,600 53,600 $’000 54,752 54,752 Number Number 216,090,337 211,828,389 555,135 755,802 216,645,472 212,584,191 Cents 24.80 24.74 Cents 25.85 25.76 On 24 October 2014, the Long Term Incentive Plan (‘LTIP’) was adopted by the Board of Directors and was established to attract, motivate and retain key staff. Participation in the LTIP is at the Board’s discretion and no individual has a contracted right to participate in the LTIP or to receive any guaranteed benefits. Revised IPH Limited Employee Incentive Plan - November 2016 A new incentive plan, the IPH Limited Employee Incentive Plan (the "Incentive Plan"), was approved at the AGM on 16 November 2016. This plan replaced the existing Long Term Incentive Plan and Retention Rights Plan. Each performance right issued under the Incentive Plan converts into one ordinary share of IPH Limited on exercise. No amounts are paid or payable by the recipient of the performance right, and the performance rights carry neither rights to dividends nor voting rights. The performance rights are treated as in substance options and accounted for as share-based payments. The conditions attached to rights issued under the Incentive Plan can be in the form of a retention requirement or other Key Performance Indicator (KPI) metric for the Group, business unit and individual. Movement in Performance Rights issued under the new Incentive Plan during the financial year were: Grant Date Retention - 7 May 18 KPI - FY202 KPI - FY21 - 16 Sept 20 Total Performance Rights 1. Annual vesting of 25% of the award 2. Rights were issued in 3 tranches with grant dates of 11 Oct 19, 1 Nov 19 and 4 Dec 19 3. Vesting at Boards discretion prior this date Final vesting date Exercise price Balance at the start of year Granted Exercised Expired/ forfeited/ other Balance at the end of the year 9 Apr 20221 31 Aug 2020 31 Aug 20213 $0.00 $0.00 $0.00 14,494 335,886 - 350,380 - - 1,035,962 1,035,962 (7,247) (335,886) - (343,133) (7,247) - (508,102) (515,349) - - 527,860 527,860 iphltd.com.au 2021 Annual Report 81 Note 33. Share-based payments (Cont) IPH Executives - Long Term Incentive An executive long term incentive was introduced during FY18. Performance rights vest subject to achievement of a minimum compound annual growth rate in EPS over the performance period. The Board will determine a target for EPS for the performance period. For vesting to occur, EPS for the performance period must be at least equal to the Minimum EPS Target. EPS Targets for the FY18 and FY19 plans are: - Minimum EPS Target: 7% CAGR in EPS over the three year performance period ending on 30 June; and - EPS Target: 15% CAGR in EPS over the three year performance period ending on 30 June. Vesting of Rights is as follows: Less than 7% CAGR in EPS over the Performance Period - Nil vesting Equal to 7% CAGR in EPS over the performance Period - 20% vesting Greater than 7% CAGR in EPS up to and including 10% CAGR - straight line vesting between 20% and 65% Greater than 10% CAGR in EPS up to and including 15% CAGR - straight line vesting between 65% and 100% At or above 15% CAGR in EPS over the Performance Period - 100% vesting EPS Targets for the FY20 and FY21 plans: - Minimum EPS Target: 5% CAGR in EPS over the three year performance period ending on 30 June; - EPS Target: 12.5% CAGR in EPS over the three year performance period ending on 30 June. Vesting of Rights is as follows: Less than 5% CAGR in EPS over the Performance Period - Nil vesting Equal to 5% CAGR in EPS over the performance Period - 25% vesting Greater than 5% CAGR in EPS up to and including 12.5% CAGR - pro-rated vesting on a straight line basis At or above 12.5% CAGR in EPS over the Performance Period - 100% vesting Grant Date LTI - 20 Nov 17 LTI - 26 Nov 18 LTI - 22 Nov 19 LTI - 7 Dec 20 Total LTI Performance Rights 1. Vesting at Boards discretion prior this date Final vesting date1 Exercise price Balance at the start of year Granted Exercised Expired/ forfeited/ other Balance at the end of the year 1 Sept 2020 1 Sept 2021 1 Sept 2022 1 Sept 2023 $0.00 $0.00 $0.00 $0.00 216,608 366,493 377,044 - 960,145 - - - 369,768 369,768 (216,608) - - - - (153,704) - - (216,608) (153,704) - 212,789 377,044 369,768 959,601 Fair value of retention and performance rights granted The weighted average share price during the financial year was $6.94 (2020: $8.19). The weighted average remaining contractual life of rights outstanding at the end of the financial year was 0.9 years (2020: 1.04 years) The weighted fair value of the rights granted during the year is $6.58 (2020: $7.71) Valuation model inputs used to determine the fair value of rights at the grant date, are as follows: Revised IPH Limited Incentive Plan - November 2016 Professional Staff and Senior Management Grant Date IPH Limited Employee Incentive Plan Retention - 7 May 181,2 KPI FY20 - 11 Oct KPI FY20 - 1 Nov KPI FY20 - 4 Dec KPI FY21 - 16 Sept 1. Risk free interest rate and fair value at grant dat are at the weighted average of the rights issued 2. Annual vesting of 25% of the award. IPH Executives - Long Term Incentive Grant Date LTI - 20 Nov 2017 LTI - 26 Nov 20181 LTI - 22 Nov 20191 LTI - 7 Dec 20201 1. Expected volatility not included in this valuation. Amounts recognised in the Financial Statements Vesting Date Share price at grant date Exercise price Dividend yield Risk-free interest rate Fair value at grant date 9 April 2022 31 Aug 2020 31 Aug 2020 31 Aug 2020 31 Aug 2021 $3.86 $8.16 $8.05 $8.07 $7.12 $0.00 $0.00 $0.00 $0.00 $0.00 6.30% 3.90% 3.90% 3.90% 4.20% 2.08% 0.70% 0.83% 0.77% 0.16% $3.32 $7.88 $7.79 $7.84 $6.84 Vesting Date Share price at grant date Exercise price Expected Volatility Dividend yield Risk-free interest rate Fair value at grant date 1 Sept 2020 1 Sept 2021 1 Sept 2022 1 Sept 2023 $5.64 $5.40 $8.20 $6.62 $0.00 $0.00 $0.00 $0.00 32.00% 5.00% 5.20% 3.90% 4.60% 1.89% 2.07% 0.74% 0.12% $4.91 $4.68 $7.36 $5.84 During the financial year ended 30 June 2021, an expense of $3,578,000 was recognised in the Statement of Profit or Loss in relation to equity settled share based payment awards. (June 2020: $2,180,000) iphltd.com.au 2021 Annual Report 82 Note 34. Deed of cross guarantee The members of the Group party to the deed of cross guarantee are detailed in note 30. The consolidated Statement of Profit or Loss and Other Comprehensive Income and consolidated Statement of Financial Position of the entities party to the deed of cross guarantee are: Revenue Other income Expenses Employee benefits expense Depreciation of right-of-use assets Depreciation and amortisation of fixed assets and intangibles Occupancy expenses Business acquisition costs Agent fee expenses Insurance expenses Travel expenses Other expenses Finance costs Profit before income tax expense Income tax expense Profit after income tax expense for the year Other comprehensive income Items that may be reclassified subsequently to profit or loss Other comprehensive income for the year, net of tax Total comprehensive income for the year Profit for the year is attibutable to: Owners of IPH Limited Profit after income tax expense for the year Total comprehensive income for the year is attibutable to: Owners of IPH Limited Profit after income tax expense for the year Current assets Cash and cash equivalents Trade and other receivables Other assets Total current assets Non-current assets Property, plant and equipment Right-of-use assets Intangibles Investments in subsidiaries Deferred tax Total non-current assets Total assets Current liabilities Trade and other payables Income tax Provisions Interest bearing lease liabilities Deferred revenue Total current liabilities Non-current liabilities Borrowings Deferred tax liability Interest bearing lease liabilities Other financial liabilities Provisions Total non-current liabilities Total liabilities Net assets Equity Issued capital Reserves Retained profits Total equity 30 June 2021 30 June 2020 $’000 209,640 54,500 (74,971) (5,284) (24,318) (1,412) (3,467) (63,306) (1,902) (207) (16,173) (4,967) 68,133 (9,405) 58,728 282 59,010 58,728 58,728 59,010 59,010 $’000 220,755 44,146 (79,969) (6,119) (24,472) (711) (1,120) (66,632) (1,334) (1,369) (17,724) (6,473) 58,978 (12,098) 46,880 313 47,193 46,880 46,880 47,193 47,193 30 June 2021 30 June 2020 $’000 $’000 49,964 52,813 6,919 109,696 7,018 22,781 278,846 118,627 14,246 441,518 63,970 58,273 7,536 129,779 9,793 27,509 284,201 98,878 21,755 442,136 551,214 571,915 12,822 (3,045) 16,880 6,521 8,306 41,484 116,159 33,880 26,915 503 1,022 178,479 16,990 (4,361) 15,898 6,567 1,832 36,926 151,238 40,735 32,748 774 2,791 228,286 219,963 265,212 331,251 306,703 304,503 9,630 17,118 331,251 289,574 9,261 7,868 306,703 iphltd.com.au 2021 Annual Report 83 IPH LIMITED ABN 49 169 015 838 Directors Declaration IPH LIMITED ABN 49 169 015 838 Directors Declaration In the Directors’ opinion: - the attached financial statements and notes comply with the Corporations Act 2001, the Accounting Standards, the Corporations Regulations 2001 and other mandatory professional reporting requirements; In the Directors’ opinion: - the attached financial statements and notes comply with International Financial Reporting Standards as issued by the International Accounting Standards Board as - the attached financial statements and notes comply with the Corporations Act 2001, the Accounting Standards, the Corporations Regulations 2001 and other described in note 2 to the financial statements; mandatory professional reporting requirements; - the attached financial statements and notes give a true and fair view of the Group’s financial position as at 30 June 2021 and of its performance for the financial year - the attached financial statements and notes comply with International Financial Reporting Standards as issued by the International Accounting Standards Board as ended on that date; and described in note 2 to the financial statements; - there are reasonable grounds to believe that the Company will be able to pay its debts as and when they become due and payable. - the attached financial statements and notes give a true and fair view of the Group’s financial position as at 30 June 2021 and of its performance for the financial year ended on that date; and At the date of this declaration, the company is within the class of companies affected by ASIC Corporations (Wholly-owned Companies) Instrument 2016/785. The nature of the deed of cross guarantee is such that each company which is party to the deed guarantees to each creditor payment in full of any debt in accordance with - there are reasonable grounds to believe that the Company will be able to pay its debts as and when they become due and payable. the deed of cross guarantee. At the date of this declaration, the company is within the class of companies affected by ASIC Corporations (Wholly-owned Companies) Instrument 2016/785. The nature of the deed of cross guarantee is such that each company which is party to the deed guarantees to each creditor payment in full of any debt in accordance with In the directors’ opinion, there are reasonable grounds to believe that the company and the companies to which the ASIC Corporations Instrument applies, as detailed the deed of cross guarantee. in note 35 to the financial statements, will as a group, be able to meet any obligations or liabilities to which they are, or may become, subject by virtue of the deed of cross guarantee. In the directors’ opinion, there are reasonable grounds to believe that the company and the companies to which the ASIC Corporations Instrument applies, as detailed The Directors have been given the declarations required by section 295A of the Corporations Act 2001. in note 35 to the financial statements, will as a group, be able to meet any obligations or liabilities to which they are, or may become, subject by virtue of the deed of cross guarantee. Signed in accordance with a resolution of Directors made pursuant to section 295(5)(a) of the Corporations Act 2001. The Directors have been given the declarations required by section 295A of the Corporations Act 2001. On behalf of the Directors Signed in accordance with a resolution of Directors made pursuant to section 295(5)(a) of the Corporations Act 2001. On behalf of the Directors Dr Andrew Blattman Managing Director 19 August 2021 Sydney Dr Andrew Blattman Managing Director 19 August 2021 Sydney iphltd.com.au 2021 Annual Report 84 Heading here Independent Auditor’s Report Deloitte Touche Tohmatsu ABN 74 490 121 060 Grosvenor Place 225 George Street Sydney NSW 2000 Tel: +61 2 9322 7000 www.deloitte.com.au IInnddeeppeennddeenntt AAuuddiittoorr’’ss RReeppoorrtt ttoo tthhee MMeemmbbeerrss ooff IIPPHH LLiimmiitteedd RReeppoorrtt oonn tthhee AAuuddiitt ooff tthhee FFiinnaanncciiaall RReeppoorrtt Opinion We have audited the financial report of IPH Limited (the “Company”) and its subsidiaries (the “Group”) which comprises the consolidated statement of financial position as at 30 June 2021, the consolidated statement of profit or loss and other comprehensive income, the consolidated statement of changes in equity and the consolidated statement of cash flows for the year then ended, and notes to the financial statements, including a summary of significant accounting policies and other explanatory information, and the directors’ declaration. In our opinion, the accompanying financial report of the Group is in accordance with the Corporations Act 2001, including:  Giving a true and fair view of the Group’s financial position as at 30 June 2021 and of its financial performance for the year then ended; and  Complying with Australian Accounting Standards and the Corporations Regulations 2001. Basis for Opinion We conducted our audit in accordance with Australian Auditing Standards. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Group in accordance with the auditor independence requirements of the Corporations Act 2001 and the ethical requirements of the Accounting Professional & Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants (including Independence Standards) (the Code) that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities in accordance with the Code. We confirm that the independence declaration required by the Corporations Act 2001, which has been given to the directors of the Company, would be in the same terms if given to the directors as at the time of this auditor’s report. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Key Audit Matters Key audit matters are those matters that, in our professional judgement, were of most significance in our audit of the financial report for the current period. These matters were addressed in the context of our audit of the financial report as a whole, and in forming our opinion thereon, and we do not provide a separate opinion on these matters. Liability limited by a scheme approved under Professional Standards Legislation. Member of Deloitte Asia Pacific Limited and the Deloitte organisation. iphltd.com.au 2021 Annual Report 86 KKeeyy AAuuddiitt MMaatttteerr RReeccoovveerraabbiilliittyy ooff ggooooddwwiillll aanndd iinnttaannggiibbllee aasssseettss As at 30 June 2021, goodwill and intangible assets totalled $296.4 million and $171.7 million respectively, as disclosed in note 12(c). The determination of the recoverable amount of goodwill and intangible assets is complex and requires management to exercise significant judgement in particular in determining the key assumptions used in cash flow projections, such as:     short term forecast revenue and costs, particularly in light of the current economic uncertainty caused by COVID- 19; long term growth rates; terminal values; and discount rates. HHooww tthhee ssccooppee ooff oouurr aauuddiitt rreessppoonnddeedd ttoo tthhee KKeeyy AAuuddiitt MMaatttteerr Our procedures performed included, but were not limited to: o obtaining an understanding of management’s process to assess the recoverable amount of goodwill and intangible assets including the preparation of discounted cash flow models, and budgeting and forecast processes; o agreeing the cash flow projections used in the DCF model to Board approved forecasts; o consideration of the impact of COVID-19 on future forecast cash flows, with specific focus on revenue and cost forecasts; o assessing the historical accuracy of management’s forecasting by comparing actual results to budgeted results for preceding years; o in conjunction with our valuation specialists,   assessing the appropriateness of management’s discounted cash flow (“DCF”) models; and challenging the key assumptions and estimates used by management in their DCF models, including:   analysis of long term growth rates and terminal values by reference to industry data and external economic outlook; determining our independent expectation of an appropriate discount rate range; o challenging and evaluating the appropriateness of management’s sensitivity analysis; and o evaluating the appropriateness of disclosures made in the financial report against the relevant accounting standards. iphltd.com.au 2021 Annual Report 87 Other Information The directors are responsible for the other information. The other information comprises the information included in the Group’s annual report for the year ended 30 June 2021 but does not include the financial report and our auditor’s report thereon. Our opinion on the financial report does not cover the other information and we do not and will not express any form of assurance conclusion thereon. In connection with our audit of the financial report, our responsibility is to read the other information identified above and, in doing so, consider whether the other information is materially inconsistent with the financial report or our knowledge obtained in the audit, or otherwise appears to be materially misstated. If, based on the work we have performed on the other information that we obtained prior to the date of this auditor’s report, we conclude that there is a material misstatement of this other information, we are required to report that fact. We have nothing to report in this regard. Responsibilities of the Directors for the Financial Report The directors of the Company are responsible for the preparation of the financial report that gives a true and fair view in accordance with Australian Accounting Standards and the Corporations Act 2001 and for such internal control as the directors determine is necessary to enable the preparation of the financial report that gives a true and fair view and is free from material misstatement, whether due to fraud or error. In preparing the financial report, the directors are responsible for assessing the ability of the Group to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the directors either intend to liquidate the Group or to cease operations, or has no realistic alternative but to do so. Auditor’s Responsibilities for the Audit of the Financial Report Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report. As part of an audit in accordance with the Australian Auditing Standards, we exercise professional judgement and maintain professional scepticism throughout the audit. We also:  Identify and assess the risks of material misstatement of the financial report, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Group’s internal control.  Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the directors.  Conclude on the appropriateness of the directors’ use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Group’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial report or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Group to cease to continue as a going concern. iphltd.com.au 2021 Annual Report 88  Evaluate the overall presentation, structure and content of the financial report, including the disclosures, and whether the financial report represents the underlying transactions and events in a manner that achieves fair presentation.  Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business activities within the Group to express an opinion on the financial report. We are responsible for the direction, supervision and performance of the Group audit. We remain solely responsible for our audit opinion. We communicate with the directors regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. We also provide the directors with a statement that we have complied with relevant ethical requirements regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence, and where applicable, actions taken to eliminate threats or safeguards applied. From the matters communicated with the directors, we determine those matters that were of most significance in the audit of the financial report of the current period and are therefore the key audit matters. We describe these matters in our auditor’s report unless law or regulation precludes public disclosure about the matter or when, in extremely rare circumstances, we determine that a matter should not be communicated in our report because the adverse consequences of doing so would reasonably be expected to outweigh the public interest benefits of such communication. RReeppoorrtt oonn tthhee RReemmuunneerraattiioonn RReeppoorrtt Opinion on the Remuneration Report We have audited the Remuneration Report included in Section 5 of the Directors’ Report for the year ended 30 June 2021. In our opinion, the Remuneration Report of IPH Limited for the year ended 30 June 2021, complies with section 300A of the Corporations Act 2001. Responsibilities The directors of the Company are responsible for the preparation and presentation of the Remuneration Report in accordance with section 300A of the Corporations Act 2001. Our responsibility is to express an opinion on the Remuneration Report, based on our audit conducted in accordance with Australian Auditing Standards. DELOITTE TOUCHE TOHMATSU H Fortescue Partner Chartered Accountants Sydney, 19 August 2021 iphltd.com.au 2021 Annual Report 89 Heading here Shareholder Information Shareholder Information The shareholder information set out below was applicable as at 31 July 2021. Distribution of equitable securities Analysis of number of equitable security holders by size of holding: Range 100,001 and Over 10,001 to 100,000 5,001 to 10,000 1,001 to 5,000 1 to 1,000 Securities % No. of holders 191,164,636 88.01 10,316,518 5,534,634 8,585,890 1,602,188 4.75 2.55 3.95 0.74 Total 217,203,866 100.00 63 448 759 3,376 3,517 8,163 Geographic distribution Range AUSTRALIA BAHRAIN HONG KONG INDONESIA JAPAN LAO PEOPLE'S DEMOCRATIC REPUBLIC MALAYSIA NEW ZEALAND PHILIPPINES SINGAPORE SWEDEN THAILAND UNITED KINGDOM UNITED STATES OF AMERICA VANUATU Securities % No. of holders % 216,252,290 99.56 8,053 98.65 700 8,832 2,982 974 701 3,900 816,385 1,320 45,440 1,657 8,000 45,268 13,517 1,900 0.00 0.00 0.00 0.00 0.00 0.00 0.38 0.00 0.02 0.00 0.00 0.02 0.01 0.00 1 3 1 1 1 3 77 1 9 1 1 6 4 1 0.01 0.04 0.01 0.01 0.01 0.04 0.94 0.01 0.11 0.01 0.01 0.07 0.05 0.01 Total 217,203,866 100.00 8,163 100.00 iphltd.com.au 2021 Annual Report 91 Equity security holders Twenty largest quoted equity security holders The names of the twenty largest registered holders of quoted equity securities as at 31 July 2021 are listed below: Rank Name A/C designation 30 Jul 2021 %IC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 HSBC CUSTODY NOMINEES (AUSTRALIA) LIMITED J P MORGAN NOMINEES AUSTRALIA PTY LIMITED CITICORP NOMINEES PTY LIMITED HSBC CUSTODY NOMINEES (AUSTRALIA) LIMITED NATIONAL NOMINEES LIMITED 74,754,654 34.42 33,994,561 15.65 18,555,719 8.54 13,032,908 6.00 11,962,301 5.51 4,949,531 2.28 BNP PARIBAS NOMINEES PTY LTD BNP PARIBAS NOMS PTY LTD 3,200,040 1.47 HSBC CUSTODY NOMINEES (AUSTRALIA) LIMITED 2,968,221 1.37 SETDOR PTY LIMITED UBS NOMINEES PTY LTD TALABAH PTY LIMITED MILTON CORPORATION LIMITED ANACACIA PTY LIMITED CITICORP NOMINEES PTY LIMITED WARBONT NOMINEES PTY LTD WOMBEE PTY LTD NATIONAL NOMINEES LIMITED PACIFIC CUSTODIANS PTY LIMITED IPH EMP SHARE TST BRISPOT NOMINEES PTY LTD HSBC CUSTODY NOMINEES (AUSTRALIA) LIMITED - A/C 2 2,100,000 1,939,298 1,767,175 1,535,922 1,418,682 1,270,842 0.97 0.89 0.81 0.71 0.65 0.59 1,118,650 0.52 1,000,654 880,456 866,186 0.46 0.41 0.40 853,495 0.39 840,657 0.39 Total 179,009,952 Balance of register 38,193,914 0.82 0.18 Grand total 217,203,866 100.00 iphltd.com.au 2021 Annual Report 92 6.07% 5.10% 6.12% 6.40% Unquoted equity securities Performance Rights Substantial holders No. on Issue No. of holders 1,487,461 178 The names of substantial shareholders of the Company’s ordinary shares as at 31 July 2021 (holding no less than 5%) who have notified the Company in accordance with section 671B of the Corporations Act 2001 are: Holder Paradice Investment Management Pty Ltd Date of last notice received No. of securities Percentage of issued capital1 19 Aug 2019 13,185,819 The Vanguard Group 27 May 2019 11,076,840 Invesco Australia Ltd 11 Dec 2020 13,288,298 12 Mar 2021 13,903,589 Kabouter Management LLC & Related Entities 1) Percentage of issued securities at 31 July 2021 Voting rights The voting rights attached to ordinary shares are set out below: Ordinary shares On a show of hands every member present at a meeting in person or by proxy shall have one vote and upon a poll each share shall have one vote. There are no other classes of equity securities. Restricted securities There are no restricted securities. Securities subject to voluntary escrow Class Ordinary Expiry date No. of securities 16 Oct 2022 335,016 iphltd.com.au 2021 Annual Report 93 Annual General Meeting (AGM) Voting rights At a general meeting, a shareholder present in person or by proxy, attorney or representative has one vote on a show of hands and on a poll has one vote for each fully paid share held. Consistent with the ASX Corporate Governance Principles and Recommendations, the Chairman will demand a poll in relation to all substantive resolutions at a meeting of shareholders. If there are two or more joint holders of a share and more than one of them is present at a general meeting, in person or by proxy, attorney or representative, and tenders a vote in respect of the share, the Company will count only the vote cast by, or on behalf of, the shareholder by the joint holder whose name appears first in the Company’s register of shareholder. The quorum required for a meeting of members is the lesser (by number) of: five shareholders present in person; or shareholders present in person representing at least 10 per cent of the voting shares. Shareholder questions Shareholders can submit a written question to the Company or the Company’s auditor in regard to the AGM or any of the proposed resolutions to be considered at the AGM, using the form supplied which will accompany the Notice of Annual General Meeting to be distributed to shareholders. Information about IPH Information about IPH Group Limited including company announcements, presentations and reports can be accessed at www.iphltd.com.au. IPH will hold its 2021 Annual General Meeting on Thursday, 18 November 2021, commencing at 10.30am (AEDT). Details of the meeting will be included with the Notice of Annual General meeting which will be distributed to shareholders. IPH Limited is listed on the Australian Securities Exchange (ASX) and its ordinary shares are quoted under the ASX code ‘IPH’. Annual report Amendments to the Corporations Act 2001 have changed the obligations of companies regarding the provision of annual reports to shareholders. The default option for receiving annual reports has changed from a printed copy to an electronic copy via IPH’s website at www.iphltd.com.au. Verification process IPH has in place processes to verify the periodic corporate reports it has prepared and released during FY21, where those reports were not subject to audit or review by an external auditor, to satisfy itself that each report was materially accurate and balanced and provided investors with appropriate information to make investment decisions. This verification process was applied to the sections of this Annual Report not audited or reviewed by an external auditor. The verification processes used included documenting the sources of information and undertaking consultation within IPH or with external parties. The Board or, where appropriate, Board Committees, have reviewed and approved each periodic corporate report prepared and released by IPH during FY21. Online voting Shareholders can lodge voting instructions electronically either as a direct vote or by appointing a proxy for the 2021 Annual General Meeting. The information required to log on and use online voting will be shown on the voting form which will be distributed to shareholders with the Notice of Annual General meeting. iphltd.com.au 2021 Annual Report 94 iphltd.com.au

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