Nuix
Annual Report 2018

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IMPORTANT NOTICE - Financial statements for the financial year ended 30 June 2018 These financial statements are historical financial statements for Nuix Limited ACN 117 140 235 (Nuix) for the financial year ended 30 June 2018 (FY18). These financial statements were prepared by Nuix as special purpose financial statements. The financial statements for FY18 were subsequently restated by Nuix. The restated amounts are presented as comparatives in the consolidated annual report of Nuix for the financial year ended 30 June 2020 (FY20). All readers of the financial statements for FY18 should do so with reference to the restated comparatives for FY18 in the consolidated annual report of Nuix for FY20, including the notes and details explaining the restatements. L\337836948.2 Nuix Pty Ltd and Controlled Entities ANNUAL REPORT 30 June 2018 ABN 80 117 140 235 nuix.com Nuix Pty Ltd and Controlled Entities Annual Report Contents Nuix Technology Target Markets ............................................................... 5 Corporate Directory .................................................................................... 6 Chairman’s Report ..................................................................................... 7 CEO’s Message ......................................................................................... 9 Business Overview ................................................................................... 11 Director’s Report ...................................................................................... 13 Income Statement .................................................................................... 17 Balance Sheet .......................................................................................... 18 Change in Equity ...................................................................................... 19 Cash Flow ................................................................................................ 20 Notes to the Consolidated Financial Statements ...................................... 21 1. 2. 3. 4. 5. 6. 7. 8. 9. Statement of significant accounting policies ................................................. 21 Financial risk management ........................................................................... 35 Segment information ..................................................................................... 37 Profit for the year .......................................................................................... 38 Sales ............................................................................................................. 38 Other income ................................................................................................ 38 Income tax expense ...................................................................................... 39 Cash and cash equivalents........................................................................... 40 Trade and other receivables ......................................................................... 40 10. Other current assets ..................................................................................... 42 11. Property and equipment ............................................................................... 42 12. Intangible assets ........................................................................................... 43 13. Trade and other payables ............................................................................. 44 14. Deferred revenue .......................................................................................... 44 15. Provisions ..................................................................................................... 45 16. Borrowings .................................................................................................... 45 17. Issued capital ................................................................................................ 46 18. Equity ............................................................................................................ 46 19. Dividends ...................................................................................................... 47 20. Auditors’ remuneration .................................................................................. 48 21. Leasing commitments ................................................................................... 49 22. Related party disclosures ............................................................................. 49 PAGE 3 of 63 Nuix Pty Ltd and Controlled Entities Annual Report 23. Share based payment ................................................................................... 51 24. Cash flow information ................................................................................... 54 25. Earnings per share (EPS) ............................................................................. 55 26. Parent entity financial information ................................................................ 55 27. Events after the reporting date ..................................................................... 56 Director’s Declaration ............................................................................... 58 Independent Auditor’s Report ................................................................... 59 Shareholder Information ........................................................................... 62 PAGE 4 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Nuix Technology Target Markets PAGE 5 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Corporate Directory Directors Rod Vawdrey – Executive Director, Non-Independent David Standen – Non-Executive Director, Non-Independent Roy Frank Grady – Non-Executive Director, Independent Daniel Phillips – Non-Executive Director and Chairman, Non-Independent Mark Warren de Ambrosis – Non-Executive Director, Non-Independent Jeffrey Bleich – Non-Executive Director, Independent Group Chief Executive Officer Rod Vawdrey Chief Financial Officer Stephen Doyle Registered Office and Share Registry Nuix Pty Ltd Level 27 1 Market Street SYDNEY, NSW 2000 Telephone: +61 2 9280 0699 Facsimile: +61 2 9212 6902 Company Secretaries Brian Krupczak Stephen Doyle (jointly held) Auditors Total comprehensive income for the year Legal Advisors Bankers Financiers PricewaterhouseCoopers One International Towers Watermans Quay, Barangaroo SYDNEY NSW 2000 DLA Piper Australia 140 William Street Melbourne VIC 3000 PO Box 4301 Australia Commonwealth Bank of Australia Business Banking Level 8, 201 Sussex Street SYDNEY NSW 2000 Commonwealth Bank of Australia Business Banking Level 8, 201 Sussex Street SYDNEY NSW 2000 Website Address www.nuix.com PAGE 6 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Chairman’s Report Dear Shareholder, The Board of Nuix Pty Ltd is pleased to present the Annual Report of the Company and its subsidiaries (hereafter referred to as ‘Nuix’ or ‘Group’ or ‘Company’) for the financial year ended 30 June 2018. This year, the Group earned total sales of $120,118,636 (2017: $102,090,636), representing 18% growth. The Group achieved a full- year profit after tax of $10,989,512 compared with $8,544,585 in the previous year. Our 2018 growth rates are consistent with board expectations and reflect our ontrack execution of our growth and investment strategy. OUR ASSETS AND CAPABILITIES Nuix's key assets are: • its range of software applications that enable organisations to make fact-based decisions from human- generated data; and • the extensive knowledge of its global team of industry experts. Our software, built around the patented Nuix Engine, enables users to search, correlate, analyse and report on data at massive scale and in hundreds of formats. BUSINESS AND INDUSTRY OVERVIEW Organisations are finding themselves unprepared to investigate, manage, secure, de-risk and utilise the massive amounts of human-generated data they hold. This poses commercial, competitive and legal risks. Nuix technology is uniquely positioned to help organisations: • manage the data; • comply with legal and regulatory obligations; • minimise the losses that result from external and insider data breaches; and • exploit the data to create value. OUR GROWTH STRATEGY We plan to make our software a ubiquitously available platform for solving essential risk, compliance and security challenges. The key elements of our strategy are briefly outlined below: Extend our technological capabilities We intend to continue to invest heavily in our product development efforts to deliver additional features and solutions that address existing customer needs and new end-markets. We focus on attracting and retaining thought leaders and engineering talent who can expand the Nuix core engine into adjacent product and technology areas that enable organisations to further investigate, secure and unlock the value of their data. Drive incremental revenue from existing customers We will continue to cultivate incremental sales from our existing customers through increased use of our software. This will be achieved by additional deployments and new use cases in processing, investigation and analysis of data. PAGE 7 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Chairman’s Report (continued) Develop products that enable organisations in adjacent markets to use our software in different ways We believe there is a significant opportunity to leverage our core engine into new solutions that help organisations investigate, manage, secure and unlock the value of their data in specific markets and use cases. Training and certification services (across our range of solutions) and consulting services (notably in cybersecurity and insider threat management) are growing opportunities. Grow our user and partner ecosystem to target new use cases, drive operational leverage and deliver more targeted, higher value solutions Our user community, includes advisory firms, litigation support vendors, corporations, government and law enforcement agencies. We believe this ecosystem can provide significant operating leverage to extend our software’s functionality to new use cases. We will continue to invest in OEM and strategic relationships that enable new channels to market and extend our integration with third-party products. In addition, we expect that OEM vendors and managed service providers will invest in and create customised application functionality based on our core engine. Acquire and productise knowledge to deliver repeat engagements Through our thought leadership and partner ecosystem, we will deliver targeted solutions to early adopters who solve the most complex unstructured data problems and to create products and solutions to be resold to industry verticals. Deliver world-class customer service We are determined to continue to delight our customers with our passionate can-do customer service culture. OUR PLANS Looking towards 2019 and beyond, we are confident that we will continue to deliver year-on-year revenue growth rates. I would like to thank the shareholders for their support during the last financial year. The Board particularly acknowledges with thanks the entire talented, passionate and committed Nuix team. We look forward to the exciting next chapter in Nuix’s history. SIGNED: __________________________________ Daniel Phillips Chairman Sydney, Australia 19 October 2018 PAGE 8 of 63 Nuix Pty Ltd and Controlled Entities Annual Report CEO’s Message After a period of transition and consolidation in FY17, Nuix achieved an excellent FY18 revenue growth result at 18% over prior year. We expanded our markets geographically; refined our vision for the Group and sharpened our focus across development, product management and support business functions; and continued to reinvest our returns into the business. A RETURN TO STRONG GROWTH It was a record-breaking financial year in which we signed nine renewals over AU$1 million with our advisory and service provider partners and five seven-figure deals with new corporate and government customers. Average order size grew 20% year over year and we added 173 new customers and six new countries to bring us to well over 2,000 customers across 75 countries. While we expanded sales of our traditional eDiscovery and Investigation products, FY18 also saw promising uptake of our Security & Intelligence product line, including a strategically significant deal with the United States Department of Defense. GLOBAL EXPANSION CONTINUES We expanded geographically with a combination of feet on the ground and a revamped channel strategy with an eye to cultivating high-quality partners in new markets. These initiatives saw a significant influx of new customers in Asia-Pacific across Indonesia, the Philippines, Singapore and Taiwan, and in the EMEA region with multiple wins in Germany, Israel, Saudi Arabia, Switzerland, Turkey and the United Arab Emirates. STRATEGIC VISION: THE CONVERGENCE OF SECURITY, RISK AND COMPLIANCE Our strategic focus reflects three major challenges common across all organisations that handle large volumes of data: security, risk and compliance. The view across our customer base, as well as from industry analysts such as Gartner, is that these three challenges are converging. As a result, many forward-thinking organisations are bringing together traditionally siloed areas such as compliance, legal, governance and information security into a single team focused on managing risk. Some of them are appointing an executive head of risk to oversee this converged discipline. This presents a unique opportunity for Nuix, given that our technology already provides solutions for many of these challenges in areas such as investigation; legal and regulatory discovery; data risk management; regulatory compliance – especially with privacy legislation; and cybersecurity incident response. We can also apply our strengths to new use cases including intellectual property theft, insider threats, intelligence analysis and behavioural analytics. Just as customers are converging their teams to manage security, risk and compliance, we’re bringing many capabilities together into an always-on platform that gives them a ‘single pane of glass’ view of all their data and an always-on platform to solve a wide variety of business problems. PAGE 9 of 63 Nuix Pty Ltd and Controlled Entities Annual Report CEO’s Message (continued) BRINGING THE VISION TO LIFE During FY18 we held a global summit of our development teams to help them align around this vision and determine the ‘swim lanes’ and projects necessary to bring it to fruition. We appointed new global heads of engineering, product and solution consulting, and support to spearhead the transformation of these business units so they can deliver the world-class products, services and support our customers expect. We also embarked on a company-wide effort, working with a global marketing agency, to refine our message and to communicate our vision and value proposition to new and existing customers, current and potential investors, and to ourselves. The initial results of this project have been well received and investors can expect to see a lot more from this initiative in the year to come. We have a well-defined product strategy for FY19 and beyond. This will focus firstly on customer retention; then on core offerings and updates to support revenue; and then to position us as an extensible platform that provides a single pane of glass across all manner of investigations and data analytics. I am confident Nuix is positioned for further growth in FY19 and we will continue to add new customers across all segments. We have the best people in the industry focused helping Nuix reach new heights of achievement and truly making a difference in all the markets we serve. SIGNED: __________________________________ Rod Vawdrey Group CEO Sydney, Australia 19 October 2018 PAGE 10 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Business Overview Nuix has more than 2,000 customers worldwide across the private and public sectors. These customers rely on Nuix solutions to solve their complex data problems including law enforcement and enterprise investigation, governance and compliance, hyperscale data processing and cybersecurity. CUSTOMERS Advisory firms such as Accenture, BDO International, Consilio, Deloitte, EPIQ, Ernst & Young, FTI, Grant Thornton, KPMG, PwC and RSM use Nuix software to deal with massive volumes of digital evidence and numerous digital exhibits. These firms use Nuix solutions to deliver efficient and cost-effective services such as investigation, legal discovery and information governance to their clients. Litigation support vendors such as FRONTEO, H5, Kroll Ontrack, Law In Order, Lighthouse eDiscovery and Ricoh use Nuix software primarily to process large volumes of digital evidence for their clients such as law firms and enterprises, and make it available for early case assessment. Nuix software makes it possible for internal and external legal teams to collaborate on a single case and divide up stages of large, complex processes. Using Nuix Web Review & Analytics, they can make evidence available to clients, wherever they are, earlier in the data processing workflow than competing legal discovery technologies. Law firms including Arthur Cox, Baker & McKenzie, Herbert Smith Freehills, Morgan Lewis & Bockius, Nelson Mullins and Paul Weiss use Nuix eDiscovery in similar ways to litigation support vendors, processing data for early case assessment and legal review. Nuix software allows them to handle a wider variety of data formats at a much larger scale than competing technologies. Nuix also helps law firms to gain control of highly sensitive client data and minimise the risk of data breaches. International, national, state and local law enforcement agencies around the world face increasing pressure in the digital era. They must handle large-scale, highly complex investigations with data stored in large numbers of computers, mobile devices and cloud data sources. Nuix law enforcement customers include Australian Federal Police, Bundeskriminalamt (German Federal Police), Dutch Police, Geneva Police, HM Revenue and Customs, Indonesian State Intelligence Agency, Landeskriminalamt (German State Police), London Metropolitan Police, National Cyber Crime Unit (UK), NSW Crime Commission, New York City Department of Investigation, Police Scotland, Saudi Ministry of Interior, Singapore Ministry of Home Affairs and Turkish National Police Intelligence. ----------------------------------------------------------------------------------------------------------------------------- --------------------- According to an OECD report, the average regulatory enforcement case takes 7.3 years. An Australian Federal Police officer commented “Shaving just two years off this results in a huge return on investment on much-needed resourcing – including storage of data and investigation team churn.” PAGE 11 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Business Overview (continued) Federal, state, and local government agencies including Australian Department of Health, Australian Department of Foreign Affairs and Trade, Australian Department of Human Services, Australian Taxation Office, District of Columbia Inspector General, Executive Office for US Attorneys, Executive Office of the President (USA), Idaho Department of Transportation and the Welsh Government use Nuix software to find evidence of fraud by extracting and comparing information from multiple internal sources such as email and file shares, as well as public intelligence sources such as social media. Financial regulators such as Australian Securities and Investments Commission, China Securities Regulatory Commission, Federal Trade Commission (US), Financial Conduct Authority (UK), Hong Kong Securities and Futures Commission, Inland Revenue (New Zealand), Internal Revenue Service (US), Korea Fair Trade Commission, Securities and Exchange Surveillance Commission (Japan) and U.S. Securities and Exchange Commission face challenges with rapidly changing technology; it is hard to establish connections between vital facts among massive data volumes, noise, disparate systems and multiple suspects. Nuix software helps them by processing and managing incoming information, finding the specific data necessary to complete investigations and uncovering patterns within and across cases. Banking, financial services and insurance companies including AIG, American Express, Citigroup, Commonwealth Bank of Australia, Credit Suisse, Danske Bank, Deutsche Bank, Dun & Bradstreet, HSBC, Macquarie, Morgan Stanley, National Australia Bank, Prudential, Travelers Insurance, UniCredit Bank AG, Western Union and Westpac use Nuix software to detect and prevent fraud and corruption, identify and block insider threats and comply with privacy regulations. The financial services industry is already heavily regulated and this burden is increasing with the tightening of privacy regulations around the world, for example the European Union General Data Protection Regulation and the Australian Notifiable Data Breaches Act. Nuix software helps to reduce investigation times, resulting in decreased regulatory liability and more effective program management. Telecommunication providers such as Bell Canada, Comcast, O2 UK, Optus, Saudi Telecom, Verizon and Vodafone hold large volumes of highly sensitive information about their customers, which is a tempting target for external data breaches and insider threats. In the context of privacy regulations, telcos need to minimise the threats of data breaches and respond quickly and effectively when they happen. Nuix uniquely assists this process by providing transparency into a wide variety of data sources including email systems, file shares, archives, databases and other high-risk locations. This enables telcos to locate high-value and high-risk information, conduct regular sweeps for sensitive data, and reduce the gap between security incidents and their detection and remediation. Pharmaceuticals and healthcare providers including Abbott Laboratories, Allergan, Blue Cross Blue Shield North Carolina, Humana, Pfizer and UnitedHealth Group use Nuix software to scan and index their email servers and other storage systems, identify intellectual property and ensure these high-value materials are not being stolen, for example in the emails of departing employees. Commercial customers from industries such as energy, information technology, manufacturing, media and entertainment, and utilities include Adidas, AGL, CBS Corporation, Duke Energy, Eskom, General Motors, Microsoft, National Grid, Petrobras, Procter & Gamble, Raytheon, Salesforce, Sony Pictures, Suncor Energy, Tabcorp, Tata Consultancy Services, Toyota, Universal Entertainment and Walt Disney. These companies use Nuix software for enterprise investigations, detecting fraud and corruption, collecting evidence for legal and regulatory matters, data migration and protecting data from breaches. PAGE 12 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Director’s Report The directors present their report on the consolidated entity (hereafter referred to as ‘Nuix’ or ‘Group’ or ‘Company’) consisting of Nuix Pty Ltd and the entities it controlled at the end of, or during, the year ended 30 June 2018. Directors and company secretary The following persons were directors of Nuix Pty Ltd during the year and up to the date of this report unless otherwise stated: • Rod Vawdrey (Executive Director) • David Standen (Non-Executive Director) • Roy Frank Grady (Non-Executive Director) • Daniel Phillips (Non-Executive Director and Chairman) • Mark Warren de Ambrosis (Non-Executive Director) • Jeffrey Bleich (Non-Executive Director) • Anthony Castagna (Non-Executive Director) Anthony Castagna resigned as Director and Chairman on 18 April 2018. The company secretaries are Stephen Doyle and Brian Krupczak. Doyle and Krupczak were appointed to the position of company secretary in 2011 and 2015, respectively. Operating results The profit of the Group for the financial year after providing for income tax amounted to $10,989,512 (2017: $8,544,585). Review of operations A review of the operations of the Group during the financial year and the results of those operations follows: Sales EBITDA NPAT Operating cash flow Revenue per employee Working capital Orders backlog 2018 2017 2017-2018 MOVEMENT 120,118,636 102,090,636 25,366,979 22,604,344 10,989,512 8,544,585 18% 12% 29% 21,561,928 25,423,930 -15% 267,525 279,700 30,179,463 27,660,139 6,404,691 6,880,836 -4% 9% -7% PAGE 13 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Director’s Report (continued) A five-year summary of financial performance is provided below: Summary 2014 2015 2016 2017 2018 Total Revenue 45,831,966 74,224,534 101,923,960 102,090,636 120,118,636 EBITDA NPAT 11,702,285 19,672,764 25,050,009 22,604,344 25,366,979 7,886,560 13,449,635 14,025,129 8,544,585 10,989,512 The Company manages operating performance by reference to key operational metrics, a sample of which are above disclosed. Annual revenue per employee is calculated by reference to the fiscal year end number of all Nuix employees during the period. Total current assets are disclosed throughout the financial statements however management also reviews these balances in conjunction with ‘Orders backlog’ which it considers an important operating metric. Orders backlog represents future committed “sales orders”, that have not been booked as revenue nor debtors. This is considered when analysing the Company’s liquidity and also the litmus test for customer sentiment demonstrating the willingness of customers to enter into long-term contractual relationships with Nuix. Significant changes in state of affairs No significant changes in the Group’s state of affairs occurred during the financial year and up to date of this report. Principal activities The principal continuing activities of the Group during the financial year were the development, sales, marketing and distribution of software. No significant change in the nature of these activities occurred during the year. Events since the end of the financial year No other matter or circumstance has arisen since 30 June 2018 that has significantly affected, or may significantly affect: (a) the Group's operations in future financial years, or (b) the results of those operations in future financial years, or (c) the Group's state of affairs in future financial years. Likely developments and expected results of operations Likely developments in the operations of the Group and the expected results of those operations in future financial years are not included in this report. Environmental regulation The Group’s operations are not regulated by any significant environmental regulations under a law of the Commonwealth or of a state or any other territories of Australia or territory in which it operates. PAGE 14 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Director’s Report (continued) Meetings of directors The numbers of meetings of the company’s board of directors held during the fiscal year ended 30 June 2018, and the numbers of meetings attended by each director were: David Standen Roy Frank Grady Daniel Phillips Mark Warren de Ambrosis Jeffrey Bleich Rod Vawdrey Anthony Castagna (resigned April 18, 2018) Full meetings of directors A 5 5 5 5 4 5 3 B 5 5 5 5 5 5 4 A = Number of meetings attended B = Number of meetings held during the time the director held office or was a member of the committee during the year Dividends paid or recommended There were no dividends paid or declared since the start of the financial year and up to the date of this report. Shares issued on the exercise of options During the fiscal year ended June 30, 2018 Nuix Pty Ltd issued nil shares (2017: 11,666,350) with weighted average issue price of $nil (2017: $0.12) per share on the exercise of options granted under Nuix Employee Option Plans. Insurance of officers Nuix Pty Ltd insure the directors and secretaries of the company and its Australian-based controlled entities, and the general managers of each of the divisions of the Group. The liabilities insured are legal costs that may be incurred in defending civil or criminal proceedings that may be brought against the officers in their capacity as officers of entities in the Group, and any other payments arising from liabilities incurred by the officers in connection with such proceedings. This does not include such liabilities that arise from conduct involving a wilful breach of duty by the officers or the improper use by the officers of their position or of information to gain advantage for themselves or someone else or to cause detriment to the company. It is not possible to apportion the premium between amounts relating to the insurance against legal costs and those relating to other liabilities. PAGE 15 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Director’s Report (continued) Indemnifying officers or auditor No indemnities have been given or insurance premiums paid, during or since the end of the financial year, for any person who is or has been an auditor of the Group. This report is signed in accordance with a resolution of the Board of directors. SIGNED: __________________________________ Daniel Phillips Chairman Sydney, Australia 19 October 2018 PAGE 16 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Income Statement CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME For the year ended 30 June 2018 Sales Cost of goods sold Gross profit Sales and distribution Research and development General and administration Other income Other gains / (losses) - net Operating profit Finance costs Share based payment expense Profit before income tax Income tax expense Profit for the year Exchange differences on translation of foreign operation Total comprehensive income for the year Earnings per share Basic earnings per share Diluted earnings per share NOTES 2018 $ 2017 $ 5 120,118,636 102,090,636 (10,354,915) (5,401,123) 109,763,721 96,689,513 (53,575,892) (45,587,754) (4,015,335) (3,653,059) (37,771,103) (31,887,842) 763,149 717,151 407,340 (1,568,917) 15,571,880 14,709,092 (743,115) (721,725) (1,167,751) (757,827) 13,661,014 13,229,540 (2,671,502) (4,684,955) 10,989,512 8,544,585 375,955 (147,697) 11,365,467 8,396,888 0.05 0.04 0.04 0.03 6 4 4 4 7 18 18 25 25 The financial statements should be read in conjunction with the accompanying notes. PAGE 17 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Balance Sheet CONSOLIDATED STATEMENT OF FINANCIAL POSITION For the year ended 30 June 2018 Current assets Cash and cash equivalents Trade and other receivables Current tax assets Other current assets Total current assets Non-current assets Property and equipment Intangible assets Deferred tax asset Total non-current assets Total assets Current liabilities Trade and other payables Deferred revenue Current tax liabilities Provisions Other liability Total current liabilities Non-current liabilities Deferred tax liabilities Provisions Borrowings Other long-term liability Total non-current liabilities Total liabilities Net assets Equity Issued capital Reserves Retained earnings Total equity NOTES 2018 $ 2017 $ 8 9 10 11 12 7 13 14 15 7 15 16 17 18 18 26,998,317 34,251,863 - 1,769,109 20,341,298 29,710,419 357,292 1,865,570 63,019,289 52,274,579 3,014,832 3,040,279 75,680,533 57,857,327 2,157,393 2,457,646 80,852,758 63,355,252 143,872,047 115,629,831 19,642,982 9,237,235 9,635,257 13,206,694 437,620 186,611 2,616,504 1,983,900 507,463 - 32,839,826 24,614,440 5,132,522 5,284,303 526,514 453,625 20,000,000 15,000,000 - 277,030 25,659,036 21,014,958 58,498,862 45,629,398 85,373,185 70,000,433 17,809,218 8,801,888 699,177 5,323,267 66,864,790 55,875,278 85,373,185 70,000,433 The financial statements should be read in conjunction with the accompanying notes. PAGE 18 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Change in Equity CONSOLIDATED STATEMENT OF CHANGES IN EQUITY For the year ended 30 June 2018 OPTION BUY-BACK RESERVE $ SHARE OPTION RESERVES $ FOREIGN CURRENCY TRANSLATION RESERVE $ ISSUED CAPITAL $ RETAINED EARNINGS $ TOTAL EQUITY $ Balance at 1 July 2016 7,424,512 Profit for the year Foreign currency reserve - - Contributions of equity 1,377,376 Employee share options - Balance at 30 June 2017 8,801,888 Profit for the year Foreign currency reserve - - Contributions of equity 9,007,330 Buy-back of options Employee share options - - - - - - - - - - - (6,176,255) 2,753,493 1,959,644 47,330,693 59,468,342 - - - 757,827 - 8,544,585 8,544,585 (147,697) - - - - - (147,697) 1,377,376 757,827 3,511,320 1,811,947 55,875,278 70,000,433 - 8,459 - - - 1,167,751 - 10,989,512 10,989,512 375,955 - - - - - - - 384,414 9,007,330 (6,176,255) 1,167,751 Balance at 30 June 2018 17,809,218 (6,176,255) 4,687,530 2,187,902 66,864,790 85,373,185 The financial statements should be read in conjunction with the accompanying notes. PAGE 19 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Cash Flow CONSOLIDATED STATEMENT OF CASH FLOWS For the year ended 30 June 2018 Cash flows from operating activities Receipts from customers (inclusive of GST and VAT) 111,138,416 106,511,951 NOTES 2018 $ 2017 $ Payments to employees and suppliers Interest received Interest paid Income tax paid Net cash provided by operating activities Cash flows from investing activities Purchase of plant and equipment Payments for intangible assets Net cash used in investing activities Cash flows from financing activities Proceeds from issuance of shares Proceeds from borrowings (88,582,591) (79,246,783) 2,024 17,883 (736,415) (725,515) (259,506) (1,133,606) 21,561,928 25,423,930 (2,183,972) (1,474,138) (26,564,140) (22,142,664) (28,748,112) (23,616,802) 19 24 11 12 9,007,330 1,377,376 16 5,000,000 - Net cash provided by financing activities 14,007,330 1,377,376 Net change in cash and cash equivalents 6,821,146 3,184,504 Cash and cash equivalents at beginning of financial year Exchange differences on cash and cash equivalents 8 20,341,298 18,191,237 (164,127) (1,034,443) Cash and cash equivalents at end of financial year 26,998,317 20,341,298 The financial statements should be read in conjunction with the accompanying notes. PAGE 20 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements For the year ended 30 June 2018 1. STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES The principal accounting policies adopted in the preparation of these consolidated financial statements are set out below. These policies have been consistently applied to all the years presented, unless otherwise stated. The financial statements are for the consolidated entity consisting of Nuix Pty Ltd and its subsidiaries. These special purpose financial statements have been prepared in accordance with Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board. The Company is a for-profit entity for the purpose of preparing the financial statements. The financial report has been prepared in accordance with the accounting policies disclosed below which the directors have determined are appropriate to meet the needs of members. Such accounting policies are consistent with the previous period unless otherwise stated. Nuix Pty Ltd is a company limited by shares, incorporated and domiciled in Australia. The financial statements were authorised for issue by the Board of directors on 19 October 2018. a. Basis of preparation The financial report has been prepared on an accrual basis and is based on historical costs. (i) Early adoption of standards The Group has not elected to apply any pronouncements before their operative date in the annual reporting period beginning 1 July 2017. (ii) Historical cost convention These financial statements have been prepared under the historical cost convention. (iii) Critical accounting estimates The preparation of 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 1(z). b. Principles of consolidation The consolidated financial statements incorporate the assets and liabilities of all subsidiaries of Nuix Pty Ltd (‘Nuix’ or ‘Group’ or ‘Company’) as at 30 June 2018 and the results of all subsidiaries for the year then ended. Nuix Pty Ltd and its subsidiaries together are referred to in this financial report as the Group or the consolidated entity. Subsidiaries are all entities (including structured entities) over which the Group has control. The Group controls an entity when 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. Subsidiaries are fully consolidated from the date on which control is transferred to the Group. They are deconsolidated from the date that control ceases. The acquisition method of accounting used to account for business combinations by the Group and is disclosed in Note 1(e). PAGE 21 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Intercompany balances on transactions between Group companies are eliminated. Accounting policies of subsidiaries have been changed where necessary to ensure consistency with the policies adopted by the Group. Non-controlling interests in the results and equity of subsidiaries are shown separately in the consolidated statement of comprehensive income, statement of changes in equity and balance sheet respectively. c. Segment report As the Group has prepared special purpose financial statements, disclosure of segment information is not required. d. Income tax The income tax expense or benefit for the period is the tax payable or receivable on the current period’s taxable income based on the applicable income tax rate for each jurisdiction adjusted by changes in deferred tax assets and liabilities attributable to temporary differences and to unused tax losses. (i) Current tax The current income tax charge is calculated on the basis of the tax laws enacted or substantively enacted at the end of the reporting period in the countries where the company’s subsidiaries and associates operate and generate taxable income. (ii) Deferred tax Deferred income tax is provided in full, using the liability method, on temporary differences arising between the tax bases of assets and liabilities and their carrying amounts in the consolidated financial statements. However, deferred tax liabilities are not recognised if they arise from the initial recognition of goodwill. Deferred income tax is also not accounted for if it arises from initial recognition of an asset or liability in a transaction other than a business combination that at the time of the transaction affects neither accounting, nor taxable profit or loss. Deferred income tax is determined using tax rates (and laws) that have been enacted or substantially enacted by the end of the reporting period and are expected to apply when the related deferred income tax asset is realised or the deferred income tax liability is settled. Deferred tax assets are recognised for deductible temporary differences and unused tax losses only if it is probable that future taxable amounts will be available to utilise those temporary differences and losses. Deferred tax liabilities and assets are not recognised for temporary differences between the carrying amount and tax bases of investments in foreign operations where the Group is able to control the timing of the reversal of the temporary differences and it is probable that the differences will not reverse in the foreseeable future. Deferred tax assets and liabilities are offset when there is a legally enforceable right to offset current tax assets and liabilities and when the deferred tax balances relate to the same taxation authority. Current tax assets and tax liabilities are offset where the entity has a legally enforceable right to offset and intends either to settle on a net basis, or to realise the asset and settle the liability simultaneously. PAGE 22 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Current and deferred tax is recognised in profit or loss, except to the extent that it relates to items recognised in other comprehensive income or directly in equity. In this case, the tax is also recognised in other comprehensive income or directly in equity, respectively. e. Business combinations The acquisition method of accounting is used to account for all business combinations, regardless of whether equity instruments or other assets are acquired. The consideration transferred for the acquisition of a subsidiary comprises the fair values of the assets transferred, the liabilities incurred and the equity interests issued by the Group. The consideration transferred also includes the fair value of any asset or liability resulting from a contingent consideration arrangement and the fair value of any pre-existing equity interest in the subsidiary. Acquisition-related costs are expensed as incurred. Identifiable assets acquired and liabilities and contingent liabilities assumed in a business combination are, with limited exceptions, measured initially at their fair values at the acquisition date. On an acquisition-by-acquisition basis, the Group recognises any non-controlling interest in the acquiree either at fair value or at the non-controlling interest's proportionate share of the acquiree’s net identifiable assets. The excess of the consideration transferred and the amount of any non-controlling interest in the acquiree over the fair value of the net identifiable assets acquired is recorded as goodwill. If those amounts are less than the fair value of the net identifiable assets of the subsidiary acquired and the measurement of all amounts has been reviewed, the difference is recognised directly in profit or loss as a bargain purchase. 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. The discount rate used is the entity’s incremental borrowing rate, being the rate at which a similar borrowing could be obtained from an independent financier under comparable terms and conditions. Contingent consideration is classified either as equity or a financial liability. Amounts classified as a financial liability are subsequently re-measured to fair value with changes in fair value recognised in profit or loss. f. Plant and equipment Each class of plant and equipment is carried at historical cost less accumulated depreciation and impairment losses. The depreciable amount of all fixed assets is depreciated on a straight-line basis over their useful lives commencing from the time the asset is held ready for use. Leased assets are depreciated over the shorter of either the unexpired period of the lease or the estimated useful lives of the assets. The depreciation rates used for each class of depreciable assets are: CLASS OF FIXED ASSET Plant and computer equipment Furniture and fixture Leasehold improvement Vehicle DEPRECIATION RATE 33% 20% 20% 20% PAGE 23 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at each reporting period date. An asset’s carrying amount is written down immediately to its recoverable amount if the asset’s carrying amount is greater than its estimated recoverable amount. Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gains or losses are included in the statement of comprehensive income. g. Leases Leases of plant and equipment where the Group, as lessee, has substantially all the risks and rewards of ownership are classified as finance leases. Finance leases are capitalised by recording an asset and a liability at the lower of the amounts equal to the fair value of the leased property or the present value of the minimum lease payments, including any guaranteed residual values. Lease payments are allocated between the reduction of the lease liability and the lease interest expense for the period. Leases in which a significant portion of the risks and rewards of ownership are not transferred to the Group as lessee are classified as operating leases (Note 21). Payments made under operating leases (net of any incentives received from the lessor) are charged to profit or loss on a straight-line basis over the period of the lease. h. Financial instruments Classification The Group classifies its financial assets in the following categories: financial assets at fair value through profit or loss and loans and receivables. The classification depends on the purpose for which the investments were acquired. Management determines the classification of its investments at initial recognition and, in the case of assets classified as held-to-maturity, re-evaluates this designation at the end of each reporting date. (i) Financial assets at fair value through profit and loss Financial assets are classified at fair value through profit or loss when they are held for trading for the purpose of short term profit taking, where they are derivatives not held for hedging purposes, or designated as such to avoid an accounting mismatch or to enable performance evaluation where a group of financial assets is managed by key management personnel on a fair value basis in accordance with a documented risk management or investment strategy. Realised and unrealised gains and losses arising from changes in fair value are included in profit or loss in the period in which they arise. (ii) Loans and receivables Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in an active market and are stated at amortised cost using the effective interest rate method. Initial recognition and measurement At initial recognition, the Group measures a financial asset at its fair value plus, in the case of a financial asset not at fair value through profit or loss, transaction costs that are directly attributable to the acquisition of the financial asset. Transaction costs of financial assets carried at fair value through profit or loss are expensed in profit or loss. Loans and receivables are subsequently carried at amortised cost using the effective interest method. PAGE 24 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Financial assets at fair value through profit or loss are subsequently carried at fair value. Gains or losses arising from changes in the fair value of the ‘financial assets at fair value through profit or loss’ category are presented in profit or loss within other income or other expenses in the period in which they arise. Dividend income from financial assets at fair value through profit or loss is recognised in profit or loss as part of revenue from continuing operations when the Group's right to receive payments is established. Interest income from these financial assets is included in the net gains/ (losses). Changes in the fair value of monetary securities denominated in a foreign currency and classified as available-for-sale are analysed between translation differences resulting from changes in amortised cost of the security and other changes in the carrying amount of the security. The translation differences related to changes in the amortised cost are recognised in profit or loss, and other changes in carrying amounts are recognised in other comprehensive income. Derecognition Financial assets are derecognised where the contractual rights to receipt of cash flows expires or the asset is transferred to another party whereby the entity no longer has any significant continuing involvement in the risks and benefits associated with the asset. Financial liabilities are derecognised where the related obligations are either discharged, cancelled or expire. The difference between the carrying value of the financial liability extinguished or transferred to another party and the fair value of consideration paid, including the transfer of non-cash assets or liabilities assumed is recognised in profit or loss. Impairment The Group assesses at the end of each reporting period whether there is objective evidence that a financial asset or Group of financial assets is impaired. A financial asset or a Group of financial assets is impaired and impairment losses are incurred only if there is objective evidence of impairment as a result of one or more events that occurred after the initial recognition of the asset (a ‘loss event’) and that loss event (or events) has an impact on the estimated future cash flows of the financial asset or Group of financial assets that can be reliably estimated. For loans and receivables, the amount of the loss is measured as the difference between the asset’s carrying amount and the present value of estimated future cash flows (excluding future credit losses that have not been incurred) discounted at the financial asset’s original effective interest rate. The carrying amount of the asset is reduced and the amount of the loss is recognised in profit or loss. If a loan has a variable interest rate, the discount rate for measuring any impairment loss is the current effective interest rate determined under the contract. As a practical expedient, the Group may measure impairment on the basis of an instrument’s fair value using an observable market price. If, in a subsequent period, the amount of the impairment loss decreases and the decrease can be related objectively to an event occurring after the impairment was recognised (such as an improvement in the debtor’s credit rating), the reversal of the previously recognised impairment loss is recognised in profit or loss. Impairment testing of trade receivables is described in Note 1(q) and Note 9(a). i. Impairment of non-financial assets At each reporting date, the Group reviews the carrying values of its tangible and intangible assets to determine whether there is any indication that those assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the asset’s fair value less costs to sell and value in use, is compared to the asset’s carrying value. PAGE 25 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 In assessing value in use, the estimated future cash flows are discounted to their present value using a pre-tax discount rate that reflects current market assessments of the time value of money and the risks specific to the asset for which the estimates of future cash flows have not been adjusted. Any excess of the asset’s carrying value over its recoverable amount is expensed to the statement of comprehensive income. Impairment testing is performed at each reporting date for intangible assets with indefinite lives and intangible assets not yet available for use. Where it is not possible to estimate the recoverable amount of an individual asset, the Group estimates the recoverable amount of the cash-generating unit to which the asset belongs. j. Intangibles assets (i) Goodwill Goodwill on acquisitions of subsidiaries is included in intangible assets. Goodwill is not amortized but is tested for impairment annually or more frequently if events or changes in circumstances indicate that it might be impaired and is carried at cost less accumulated impairment losses. Gains and losses on the disposal of an entity include the carrying amount of goodwill relating to the entity sold. Goodwill is allocated to cash-generating units for the purpose of impairment testing. The allocation is made to those cash-generating units or Groups of cash-generating units that are expected to benefit from the business combination in which the goodwill arose, identified according to operating segments. The Group does not have goodwill included in intangible assets. (ii) Customer contracts Customer contracts acquired as part of a business combination are recognised separately from goodwill. The customer contracts are carried at their fair value at the date of acquisition less accumulated amortisation and impairment losses. Amortisation is calculated based on the timing of projected cash flows of the contracts over their estimated useful lives. At present, there are no customer contracts recorded within the financial statements. (iii) Software Software comprises computer software purchased from third parties which are capitalised on the basis of the costs incurred to acquire and bring into use the specific software. Costs associated with maintaining computer software programs are recognised as an expense when as incurred. (iv) Intellectual property Costs incurred on development projects (relating to the design and testing of new or improved products) are recognised as intangible assets classified as “intellectual property” when it is probable that the project will, after considering its commercial and technical feasibility, be completed and generate future economic benefits and its costs can be measured reliably. The expenditure capitalised comprises all directly attributable costs, including costs of materials, services, direct labour and an appropriate proportion of overheads. Other development expenditures that do not meet these criteria are recognised as an expense as incurred. Research expenditure is recognised as an expense as incurred. PAGE 26 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Development costs previously recognised as expenses are not recognised as an asset in a subsequent period. Capitalised development costs are recorded as intangible assets and amortised from the point at which the asset is ready for use on a straight-line basis over its useful life. The amortisation rates used for each class of assets are: CLASS OF FIXED ASSET Software Intellectual Property DEPRECIATION RATE 33% 10% k. Foreign currency transactions and balances (i) Functional and presentation currency Items included in the financial statements of each of the Group’s entities are measured using the currency of the primary economic environment in which the entity operates (‘the functional currency’). The consolidated financial statements are presented in Australian dollars, which is Nuix Pty Ltd’s functional and presentation currency. (ii) Transactions and balances Foreign currency transactions are translated into the functional currency using the exchange rates prevailing at the dates of the transactions. Foreign exchange gains and losses resulting from the settlement of such transactions and from the translation at year-end exchange rates of monetary assets and liabilities denominated in foreign currencies are recognised in profit or loss, except when they are deferred in equity as qualifying cash flow hedges and qualifying net investment hedges or are attributable to part of the net investment in a foreign operation. Foreign exchange gains and losses that relate to borrowings are presented in the income statement, within finance costs. All other foreign exchange gains and losses are presented in the income statement on a net basis within other income or other expenses. Non-monetary items that are measured at fair value in a foreign currency are translated using the exchange rates at the date when the fair value was determined. Translation differences on assets and liabilities carried at fair value are reported as part of the fair value gain or loss. (iii) Group companies The results and financial position of foreign operations (none of which has the currency of a hyperinflationary economy) that have a functional currency different from the presentation currency are translated into the presentation currency as follows: ▪ Assets and liabilities for each balance sheet presented are translated at the closing rate at the date of that balance sheet, ▪ Income and expenses for each income statement and statement of comprehensive income are translated at average exchange rates (unless this is not a reasonable approximation of the cumulative effect of the rates prevailing on the transaction dates, in which case income and expenses are translated at the dates of the transactions), and ▪ all resulting exchange differences are recognised in other comprehensive income. PAGE 27 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 On consolidation, exchange differences arising from the translation of any net investment in foreign entities, and of borrowings and other financial instruments designated as hedges of such investments, are recognised in other comprehensive income. Goodwill and fair value adjustments arising on the acquisition of a foreign operation are treated as assets and liabilities of the foreign operation and translated at the closing rate. l. Trade and other payables These amounts represent liabilities for goods and services provided to the Group prior to the end of financial year, which are unpaid. The amounts are unsecured and are usually paid within 45 days of recognition. Trade and other payables are presented as current liabilities unless payment is not due within 12 months from the reporting date. They are recognised initially at their fair value and subsequently measured at amortised cost using the effective interest method. m. Borrowings Interest bearing bank loans are recognised when issued at fair value, less transaction costs, using the amortised cost method. Any difference between the cost and principal value is recognised in the consolidated income statement over the period of the interest bearing liability on an effective interest basis. n. Provision Make good obligations are recognised when the Group has a present legal or constructive obligation as a result of past events, it is probable that an outflow of resources will be required to settle the obligation and the amount has been reliably estimated. Provisions are measured using the best estimate of amounts required to settle the obligation at the end of each reporting period. The fair value of financial guarantees is determined as the present value of the difference in net cash flows between the contractual payments under the debt instrument and the payments that would be required without the guarantee, or the estimated amount that would be payable to a third party for assuming the obligations. The discount rate used to determine the present value is a pre-tax rate that reflects current market assessments of the time value of money and the risks specific to the liability. The increase in the provision due to the passage of time is recognised as interest expense. o. Employee benefits (i) Short term obligations Liabilities for wages and salaries, including non-monetary benefits and annual leave expected to be settled within 12 months after the end of the period in which the employees render the related service are recognised in respect of employees’ services up to the end of the reporting period and are measured at the amounts expected to be paid when the liabilities are settled. The liability for annual leave is recognised in the provision for employee benefits. All other short-term employee benefit obligations are presented as payables. PAGE 28 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 (ii) Other long-term employee benefits obligations The liability for long service leave and annual leave which is not expected to be settled within 12 months after the end of the period in which the employees render the related service is recognised in the provision for employee benefits and measured as the present value of expected future payments to be made in respect of services provided by employees up to the end of the reporting period using the projected unit credit method. Consideration is given to expected future wage and salary levels, experience of employee departures and periods of service. Expected future payments are discounted using market yields at the end of the reporting period on national government bonds with terms to maturity and currency that match, as closely as possible, the estimated future cash outflows. (iii) Retirement benefit obligations Employees of the Group are entitled to benefits from the Group’s superannuation plan on retirement, health insurance plan and 401K. The Group’s superannuation plan has a defined contribution section. The defined benefit section provides defined lump sum benefits based on years of service and final average salary. The defined contribution section receives fixed contributions from Group companies and the Group’s legal or constructive obligation is limited to these contributions. (iv) Share-based payments Share-based compensation benefits are provided to employees via the Nuix Employee Option Plans and employee share schemes. The fair values of options granted under the Employee Option Plans are recognised as share-based payments expense with a corresponding increase in equity reserves. The total amount to be expensed is determined by reference to the fair value of the options granted, which includes any market performance conditions and the impact of any non-vesting conditions but excludes the impact of any service and non-market performance vesting conditions. Non-market vesting conditions are included in assumptions about the number of options that are expected to vest. The total expense is recognised over the vesting period, which is the period over which all of the specified vesting conditions are to be satisfied. At the end of each reporting period, the Company revises its estimates of the number of options that are expected to vest based on the non-marketing vesting conditions. It recognises the impact of the revision to original estimates, if any, in profit or loss, with a corresponding adjustment to equity. The Nuix Employee Option Plans are administered by the Nuix Compensation Committee. When the options are exercised, the Committee transfers the appropriate amount of shares to the Option Holder. The proceeds received, net of any directly attributable transaction costs, are credited directly to equity. (v) Bonus plans The Group recognises a liability and an expense for bonuses by way of a provision where contractually obliged or where there is a past practice that has created a constructive obligation. (vi) Termination benefits Termination benefits are payable when employment is terminated before the normal retirement date, or when an employee accepts voluntary redundancy in exchange for these benefits. The Group recognises termination benefits as an expense. PAGE 29 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 p. Cash and cash equivalents Cash comprises cash on hand and demand deposits. Cash equivalents are short-term, highly liquid investments that are readily convertible to known amounts of cash and which are subject to insignificant risk of changes in value. q. Trade receivables Trade receivables are recognised initially at fair value and subsequently measured at amortised cost using the effective interest method, less provision for impairment. Trade receivables are generally due for settlement within 30 – 45 days. They are presented as current assets unless collection is not expected for more than 12 months after the reporting date. Collectability of trade receivables is reviewed on an on-going basis. Debts, which are known to be uncollectible, are written off by reducing the carrying amount directly. An allowance account (provision for impairment of trade receivables) is used when there is objective evidence that the Group will not be able to collect all amounts due according to the original terms of the receivables. Significant financial difficulties of the debtor, probability that the debtor will enter bankruptcy, financial reorganisation, default or delinquency in payments (more than 120 days overdue) are considered indicators that the trade receivable is impaired. The amount of the impairment allowance is the difference between the asset's carrying amount and the present value of estimated future cash flows, discounted at the original effective interest rate. Cash flows relating to short-term receivables are not discounted if the effect of discounting is immaterial. The amount of the impairment loss is recognised in profit or loss within general and administration expenses. When a trade receivable for which an impairment allowance had been recognised becomes uncollectible in a subsequent period, it is written off against the allowance account. Subsequent recoveries of amounts previously written off are credited against other expenses in profit or loss. r. Revenue recognition Revenue is measured at the fair value of the consideration received or receivable. Amounts disclosed as revenue are net of returns, trade allowances, rebates and amounts collected on behalf of third parties. The Group recognises revenue when the amount of revenue can be reliably measured, it is probable that future economic benefits will flow to the entity and specific criteria have been met for each of the Group's activities as described below. The Group bases its estimates on historical results, taking into consideration the type of customer, the type of transaction and specifics of each arrangement. Revenue is recognised for the major business activities as follows: (i) Software licence fee and software usage revenue Revenue is recognised when a performance obligation is satisfied and when control of the promised goods or services is transferred to the customer. When considering the performance obligation in relation to the provision of software, it can be either a right to access (revenue recognised over time) or a right to use (revenue recognised when software transferred). Software will be recognised as a right to access when it meets the below three criteria: 1) There is an expectation (contracted or otherwise) that significant activities will be undertaken to affect the IP of the software; 2) The license holder is exposed to the positive or negative effects of the changes made under point 1; 3) The activities do not result in the transfer of a good or service to the license holder as the activities. PAGE 30 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 In Nuix’s case, the software provided is updated on an ongoing basis, however the key functionality of the software is not changed. The software could be held stable and still provide the same benefit to the customers who have purchased licenses. There is also no contractual obligation under the EULA to update customers with the new substantial functionality of the software. As a result, it is appropriate that recognition of annual license sales as a right to use (upfront recognition) is appropriate. (ii) Maintenance and support revenue Deferred revenue is recognised over time as it is earned. However, to the extent that Nuix has fulfilled all its obligations under the contract, the income is recognised as being earned at the time when all Nuix’s obligations under the contract have been fulfilled. (iii) Services and training revenue Revenue from a contract to provide consulting and training services is recognised by reference to the percentage of completion of the contract. The percentage of completion of the contract is determined by reference to the proportion of work performed (costs incurred to date) to estimated total work performed (total contract costs). When the percentage of completion cannot be estimated reliably, contract revenue is only permitted to be recognised to the maximum extent of the contract costs incurred, which is likely to be recovered. An expected loss on a contract is recognised immediately in the Consolidated Statement of Comprehensive Income at inception. (iv) Sale of goods Revenue from the sale of goods (hardware) is recognised at the point of delivery as this corresponds to the transfer of significant risks and rewards of ownership of the goods and the cessation of all involvement in those goods. (v) Interest income Interest income is recognised using the effective interest method. When a receivable is impaired, the Group reduces the carrying amount to its recoverable amount, being the estimated future cash flow discounted at the original effective interest rate of the instrument, and continues unwinding the discount as interest income. Interest income on impaired loans is recognised using the original effective interest rate. (vi) Recognition of government grant approach for the R&D incentive scheme The Group applies the Government Grant Approach to recognise incentives from R&D. This approach recognises the benefit relating to R&D costs recorded in the income statement in the year it is incurred as Government Grant Income with the benefit relating to R&D costs capitalised into intangibles recorded as Deferred Income in the balance sheet with this amount then unwound to Government Grant Income in line with the amortisation period of the intangible. s. Government grants Grants from the government are recognised in Other Income at their fair value where there is a reasonable assurance that the grant will be received and the Group will comply with all attached conditions. t. Issued capital Ordinary shares are classified as equity. Incremental costs directly attributable to the issue of new shares are shown in equity as a deduction, net of tax, from the proceeds. PAGE 31 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 u. Goods and services tax Revenues, expenses and assets are recognised net of the associated goods and services tax (GST), unless the GST incurred is not recoverable from the taxation authority. In this case it is recognised as part of the cost of acquisition of the asset or as part of the expense. Receivables and payables are stated inclusive of the amount of GST receivable or payable. The net amount of GST recoverable from, or payable to, the taxation authority is included with other receivables or payables in the balance sheet. Cash flows are presented on a gross basis. The GST components of cash flows arising from investing or financing activities which are recoverable from, or payable to the taxation authority, are presented as operating cash flows. v. Comparative figures When required by Australian Accounting Standards, comparative figures have been adjusted to conform to changes in presentation for the current financial year. w. New accounting standards and interpretation In the current year, the Group has adopted all of the measurement and recognition requirements 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 the current annual reporting period. The adoption of these new and revised Standards and Interpretations has not resulted in changes to the Group’s accounting policies. Certain new accounting standards and interpretations have been published that are not mandatory for 30 June 2018 reporting periods and have not been early adopted by the Group as follows: Standard / Interpretation Effective for annual reporting periods on or after Expected to be initially applied in the financial year ended AASB 15 – Revenue from Contracts with Customers AASB 9 – Financial Instruments AASB 16 - Leases 1 January 2018 1 January 2018 1 January 2019 30 June 2019 30 June 2019 30 June 2020 The Group’s assessment of the impact of these new standards and interpretations is set out below: (i) AASB 15 – Revenue from Contracts with Customers: The AASB has issued a new standard for the recognition of revenue. This will replace AASB 118 which covers revenue arising from the sale of goods and the rendering of services and AASB 111 which covers construction contracts. The new standard is based on the principle that revenue is recognised when control of a good or service transfers to a customer. The standard permits either a full retrospective or a modified retrospective approach for the adoption. Management has assessed the impact under the new accounting standard on the recognition of deferred revenue component of multi-year license contracts and concluded the current revenue accounting treatment is consistent with the new revenue standard. PAGE 32 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 (ii) AASB 9 – Financial Instruments: AASB 9 introduces new requirements for the classification and measurement of financial assets. Under AASB 9, financial assets are classified and measured based on the business model in which they are held and the characteristics of their contractual cash flows. AASB 9 introduces additional changes relating to financial liabilities. The IASB currently has an active project to make limited amendments to the classification and measurement requirements of AASB 9 and add new requirements to address the impairment of financial assets. Management has assessed that the new standard will have no material impact on the classification and measurement requirements surrounding financial assets and liabilities and there would be no material impact on the recognition of expected losses on contract inception. (iii) AASB 16 – Leases: AASB 16 was issued in February 2016. It will result in almost all leases being recognised on the balance sheet, as the distinction between operating and finance leases is removed. Under the new standard, an asset (the right to use the leased item) and a financial liability to pay rentals are recognised. The only exceptions are short-term and low-value leases. The accounting for lessors will not significantly change. The standard will affect primarily the accounting for the Group’s operating leases. As at the reporting date, the Group has non-cancellable operating lease commitments of $12,445,750, see Note 21. However, the Group has not yet determined to what extent these commitments will result in the recognition of an asset and a liability for future payments and how this will affect the Group’s profit and classification of cash flows. Some of the commitments may be covered by the exception for short-term and low-value leases. x. Parent entity financial information The financial information for the parent entity, Nuix Pty Ltd, disclosed in Note 26 has been prepared on the same basis as the consolidated financial statements, except as set out below. (i) Investments in subsidiaries, associates and joint venture entities Investments in subsidiaries, associates and joint venture entities are accounted for at cost in the financial statements of Nuix Pty Ltd. (ii) Financial guarantees Where the parent entity has provided financial guarantees in relation to loans and payables of subsidiaries for no compensation, the fair values of these guarantees are accounted for as contributions and recognised as part of the cost of the investment. There were no financial guarantees during the year (2017: Nil). (iii) Share-based payment expense The grant by the Company of options over its equity instruments to the employees of subsidiary undertakings in the Group is treated as an inter-Group charge to that subsidiary undertaking. The fair value of employee services received, measured by reference to the grant date fair value, is recognised over the vesting period as an expense in the subsidiary undertakings, with a corresponding credit to equity. PAGE 33 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 y. Earnings per share (EPS) (i) Basic earnings per share Basic earnings per share is calculated by dividing: • the profit attributable to owners of the company, 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 year and excluding treasury shares, if any (ii) 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 additional ordinary shares that would have been outstanding assuming the conversion of all dilutive potential ordinary shares. z. Critical accounting estimates and assumptions The Directors evaluate estimates and judgments incorporated into the financial statements based on historical knowledge and best available current information. Estimates assume a reasonable expectation of future events and are based on current trends and economic data, obtained both externally and within the Group. Actual results may differ from these estimates. The estimates and underlying assumptions are reviewed on an on-going basis. Revisions to accounting estimates are recognised in the period in which the estimate is revised if the revision affects only that period or in the period of the revision and future periods if the revision affects both current and future periods. (i) Revenue recognition The Group offers certain arrangements whereby a customer can purchase the right to use a software licence, together with 1 to 5 years maintenance and support. When such multiple element arrangements exist, the amount recognised as revenue upon the sale of the right to use a software licence is the fair value of the licence in relation to the fair value of the arrangement taken as a whole. The revenue relating to the maintenance and support element, which represents the fair value of the servicing arrangement in relation to the fair value of the arrangement as a whole, is recognised over the service period. The fair values of each element are determined based on the current market price of each of the elements when sold separately. To the extent that there is a discount on the arrangement, such discount is allocated between the elements of the contract in such a manner as to reflect the fair value of the elements. Infrequently, third party hardware and software is on-sold to customers and in such instances the amount recognised as revenue is the actual cost paid to the third party plus mark-up. (ii) Share based payment expense Management judgment is applied in determining the fair value of options issued under the employee option plan. There are inherent difficulties is determining market volatility for an unlisted entity. Furthermore, the vesting of options under the plan occurs over a period that does not always coincide with the reporting period. In order to avoid complexities surrounding the proration and reporting of options vested and exercisable at the end of year. Management has reported options vested and exercisable only where the vesting end date has completed in full. PAGE 34 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 (iii) Useful life of intangible assets The Group capitalises development time as an intangible asset on a monthly basis and amortises it immediately over an estimated useful life of 10 years. The Group estimates the useful life of the intangible asset to be at least 10 years based on the expected enhancements and technical obsolescence of such assets. As at 30 June 2018, the carrying amount of the intangible asset was $75,680,533 (2017: 57,857,327). 2. FINANCIAL RISK MANAGEMENT The Group’s activities expose it to a variety of financial risks including: ▪ market risk (including currency risk, interest rate risk and price risk), ▪ ▪ credit risk, and liquidity risk 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 uses different methods to measure different types of risk to which it is exposed. These methods include sensitivity analysis in the case of interest rate, foreign exchange and other price risks and ageing analysis for credit risk to determine market risk. Risk management is carried out by the corporate finance department under policies approved by the Board of Directors. The Board provides written principles for overall risk management, as well as policies covering specific areas, such as foreign exchange risk, interest rate risk, credit risk, and use of derivative financial instruments, non-derivative financial instruments and investment of excess liquidity. a. Market risk (i) Foreign exchange risk The Group operates internationally and is exposed to foreign exchange risk arising from various currency exposures, primarily with respect to the United States dollar, British Pound and European Euro. Foreign exchange risk arises from future commercial transactions and recognised assets and liabilities denominated in a currency that is not the entity’s functional currency. The risk is measured using sensitivity analysis and cash flow forecasting. Management has set up a policy requiring Group companies to manage their foreign exchange risk against their functional currency. The Group’s exposure to foreign currency risk at the end of the reporting period, expressed in Australian dollars, was as follows: 2018 2017 USD EURO GBP USD EURO GBP Trade receivables 18,206,379 2,308,150 2,194,531 10,002,537 1,899,273 3,475,723 Trade payables 2,073,460 34,970 496,810 887,260 62,561 804,083 Cash and cash equivalents 8,405,412 3,675,672 3,291,501 14,142,772 2,984,414 1,766,244 PAGE 35 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 The Group’s exposure to other foreign exchange movements is not considered material. Sensitivity As shown in the table above, the Group is primarily exposed to changes in USD exchange rates. The sensitivity of profit or loss to changes in the exchange rates arises mainly from US-dollar. Impact on profit after tax of +/- 10% change of USD against AUD will result to an increase / (decrease) of $348,642 / ($348,642) for the fiscal year ended 30 June 2018 (2017: $359,983 / [$359,983]) b. Credit risk Credit risk is managed on a Group basis. Credit risk arises from cash and cash equivalents, deposits with banks and financial institutions and outstanding receivables and committed transactions. For all customers in all instances the Group retains title over the software. A permanent licence key to use the software is not issued until full payment is received, thus reducing risk of impairment to accounts receivable. Compliance with credit limits for wholesale customers are regularly monitored by Corporate Finance. Sales to retail customers are required to be settled by using major credit cards, mitigating credit risk. There are no significant concentrations of credit risk, whether through exposure to individual customers, specific industry sectors and/or regions. (i) Trade receivables past due but not impaired As at 30 June 2018, trade receivables of $2,867,387 (2017: $3,086,623) were past due but not impaired. These relate to a number of smaller clients for whom there is no recent history of default. The ageing analysis of these trade receivables is as follows: 1 – 3 months 4 – 6 months Over 6 months 2018 $ 2017 $ 2,103,303 1,644,673 521,004 766,787 243,080 675,163 2,867,387 3,086,623 The other classes within trade and other receivables do not contain impaired assets and are not past due. Based on the credit history of these other classes, it is expected that these amounts will be received when due. c. Liquidity risk Prudent liquidity risk management implies maintaining sufficient cash and marketable securities and the availability of funding through adequate committed credit facilities to meet financial obligations as and when they fall due. At the end of the reporting period the Group held deposits at call of $26,998,317 (2017: $20,341,298) that are expected to expeditiously generate cash inflows for managing liquidity risk. The Company manages operating performance by reference to key operational metrics including ‘Orders backlog’. Orders backlog represents future committed “sales orders”, namely not booked as revenue, unbilled revenue nor debtors. As at 30 June 2018 Orders backlog was $6,404,691 (2017: $6,880,836). PAGE 36 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Management monitors rolling forecasts of the Group’s liquidity reserve as discussed above and cash and cash equivalents (Note 8) on the basis of forecasted cash flows. This is generally carried out at a Group level by Corporate Finance. In addition, the Group’s liquidity management policy involves projecting cash flows in major currencies and considering the level of liquid assets necessary to meet these and monitoring balance sheet liquidity ratios against internal requirements. The below page analyses the Group’s financial liabilities into relevant maturity groupings based on their contractual maturities for all non-derivative financial liabilities. The amounts disclosed in the table are the contractual undiscounted cash flows. Balances due within 12 months equal their carrying balances as the impact of discounting is not considered material. LESS THAN 6 MONTHS 6-12 MONTHS BETWEEN 1-3 YEARS CONTRACTUAL MATURITIES OF FINANCIAL LIABILITIES At 30 June 2017 Trade payables Borrowings At 30 June 2018 Trade payables Borrowings $ 1,996,287 - 1,996,287 3,800,099 - 3,800,099 $ - - - - - - CARRYING AMOUNT LIABILITIES 1,996,287 $ - 15,000,000 15,000,000 15,000,000 16,996,287 - 3,800,099 20,000,000 20,000,000 20,000,000 23,800,099 d. Fair value measurements The fair value of financial assets and financial liabilities must be estimated for recognition and measurement or for disclosure purposes in accordance with AASB 7 Financial Instruments. The carrying amounts of trade receivables and payables are assumed to approximate their fair values due to their short-term nature. The fair value of financial liabilities for disclosure purposes is estimated by discounting the future contractual cash flows at the current market interest rate that is available to the Group for similar financial instruments. The fair value of current borrowings approximates the carrying amount, as the impact of discounting is not significant. 3. SEGMENT INFORMATION Description of segments and principal activities The group’s strategic steering committee, consisting of the chief executive officer and the chief financial officer that examines the group’s performance both from a product and geographic perspective and has identified that the group is considered as one reportable segment as a whole. The business activities and products that each geographic division have are the same and operating results are regularly reviewed by the entity’s chief operating decision maker as a whole and not by geographic division. PAGE 37 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 4. PROFIT FOR THE YEAR The profit for the year has been arrived at after charging the following items: Share based payments expense costs Employee option expense Finance costs Interest expense Other (gains) / losses - net 2018 $ 2017 $ 1,167,751 757,827 743,115 721,725 Realised and unrealised foreign exchange gain (2,175,046) (272,207) Realised and unrealised foreign exchange loss 1,767,706 1,841,124 Expenses (included in General and administration) Bad Debt Expense Rental expense on operating leases Amortisation of intangible assets Depreciation 5. SALES Software Services Hardware 6. OTHER INCOME Bank interest Government grant income Miscellaneous income a. Government grants (407,340) 1,568,917 493,061 2,820,209 8,743,596 2,221,279 899,974 2,870,372 5,993,643 2,671,968 2018 $ 2017 $ 112,750,593 95,447,956 6,414,473 5,883,039 953,570 759,641 120,118,636 102,090,636 NOTES 2018 $ 2017 $ 2,024 12,533 (a) 761,125 703,287 - 1,331 763,149 717,151 Government grants recognized as other income for the current financial year relates to research and development activities. PAGE 38 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 7. INCOME TAX EXPENSE (a) Income tax expense Current tax Current tax on profits for the year Total current tax expense Deferred income tax Increase in deferred tax assets Increase in deferred tax liabilities Total deferred tax expense Income tax expense 2018 $ 2017 $ 2,523,030 2,523,030 2,847,238 2,847,238 300,253 (151,781) 148,472 2,671,502 (700,804) 2,538,521 1,837,717 4,684,955 (b) The numerical reconciliation of income tax expense to prima facie tax payable: Profit before income tax expense Tax at the Australian tax rate of 30% (2017: 30%) Tax effect of amounts which are not deductible (taxable) in calculating taxable income: Entertainment Share-based payments - Australian Share options - USA Interest expense Foreign exchange gains and loss Difference in overseas tax rates Research and development Other Income tax expense 2018 $ 2017 $ 13,661,014 13,229,540 4,098,304 3,968,862 80,143 350,325 65,925 227,348 - (702,903) 184,264 (476,485) (1,167,477) (169,525) 191,225 552,336 (572,283) 1,097,438 (228,047) (142,993) 2,671,502 4,684,955 PAGE 39 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Deferred tax balances (i) Deferred tax assets The balance comprises temporary differences attributable to: Employee benefits R&D Others Total deferred tax assets (ii) Deferred tax liabilities The balance comprises temporary differences attributable to: Intellectual property R&D Employee benefits Deferred revenue Other Total deferred tax liabilities 2018 $ 2017 $ 309,854 226,343 1,913,376 2,283,337 (65,837) (52,034) 2,157,393 2,457,646 2018 $ 2017 $ 22,640,833 17,161,971 (16,740,530) (11,292,701) (330,343) (304,311) (133,127) (259,778) (301,387) (23,802) 5,132,522 5,284,303 All movements in the deferred tax assets and deferred tax liabilities were recognised in profit and loss. 8. CASH AND CASH EQUIVALENTS This account consists of cash in bank amounting to $26,998,317 (2017: $20,341,298). The maximum exposure to credit risk at the end of the reporting period is the carrying amount of each class of cash and cash equivalents aforementioned. 9. TRADE AND OTHER RECEIVABLES NOTE 2018 $ 2017 $ Trade receivables 26,970,220 22,229,554 Provision for impairment of trade receivables (a) - (71,643) Unbilled revenue Total trade and other receivables 7,281,643 7,552,508 34,251,863 29,710,419 PAGE 40 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 The carrying value of trade receivables is considered a reasonable approximation of fair value due to the short-term nature of the balances. a. Provision for impairment of receivables Current trade and term receivables are non-interest bearing loans and generally on 30-45 day terms. Term receivables are assessed for recoverability based on the underlying terms of the contract. A provision for impairment is recognised when there is objective evidence that an individual trade or term receivable is impaired. These amounts have been included in the general and administration expenses. The amount of the provision was $nil (2017: $71,643). The individually impaired receivables mainly relate to smaller clients who experienced financial distress. During 30 June 2018 $564,704 (2017: $986,722) was written off as uncollectable. As a percentage of total Group revenue, the provision for impairment recognised during the year is negligible. The ageing of receivables is as follows: 1 – 3 months 4 – 6 months Over 6 months Movements in receivables provision: As at 1 July Provision for impairment recognised Receivables written off as uncollectable As at 30 June 2018 $ 2017 $ 26,206,136 20,787,604 521,004 766,787 243,080 675,163 26,970,220 22,229,554 2018 $ 71,643 493,061 (564,704) - 2017 $ 21,174 1,037,191 (986,722) 71,643 The creation and release of the provision for impaired receivables has been included in general and administration expenses. Amounts charged to the allowance account are generally written off when there is no expectation of recovering additional cash. b. Foreign exchange and interest rate risk Information about the Group’s exposure to foreign currency risk and interest rate risk in relation to trade and other receivables is provided in Note 2(a)(i). PAGE 41 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 c. Fair value and credit risk Due to the short-term nature of these receivables, their carrying amount is assumed to approximate their fair value. The maximum exposure to credit risk at the end of the reporting period is the carrying amount of each class of receivables outlined above. Refer to Note 2 for more information on the risk management policy of the Group and the credit quality of the entity’s trade and other receivables. 10. OTHER CURRENT ASSETS Prepayments Other receivables Total other current assets 11. PROPERTY AND EQUIPMENT 2018 $ 2017 $ 1,583,882 1,101,765 185,227 763,805 1,769,109 1,865,570 OFFICE & COMPUTER EQUIPMENT FURNITURE LEASEHOLD & FIXTURE IMPROVEMENT VEHICLE TOTAL At 1 July 2016 At cost Accumulated Depreciation 6,836,707 463,746 1,782,908 39,968 9,123,329 (3,940,886) (145,236) (754,832) (13,990) (4,854,944) Net book amount 2,895,821 318,510 1,028,076 25,978 4,268,385 Year ended 30 June 2017 Opening net book amount 2,895,821 318,510 1,028,076 25,978 4,268,385 Forex difference – cost (195,707) (11,194) (21,364) (1,242) (229,507) - 199,231 - 1,535,844 Forex difference – A/D 169,348 9,960 19,923 Additions Disposals 1,180,138 (22,980) 9,996 - 345,710 - (38,726) (61,706) Depreciation charge (1,824,151) (97,783) (764,024) 13,990 (2,671,968) Closing net book amount 2,202,469 229,489 608,321 - 3,040,279 At 30 June 2017 At cost Accumulated Depreciation 7,798,158 462,548 2,107,254 - 10,367,960 (5,595,689) (233,059) (1,498,933) - (7,327,681) Net book amount 2,202,469 229,489 608,321 - 3,040,279 PAGE 42 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 11. PROPERTY AND EQUIPMENT (CONTINUED) OFFICE & COMPUTER EQUIPMENT FURNITURE LEASEHOLD & FIXTURE IMPROVEMENT VEHICLE TOTAL Year ended 30 June 2018 Opening net book amount 2,202,469 229,489 608,321 - 3,040,279 Forex difference – cost 259,608 14,804 Forex difference – A/D (250,106) (12,392) Additions Write off – cost Write off – A/D 1,018,232 558,555 - - (15,819) 11,073 46,466 (41,774) 607,185 (3,531) 3,531 - - 320,878 (304,272) - 2,183,972 - - (19,350) 14,604 Depreciation charge (1,626,990) (130,423) (463,866) - (2,221,279) Closing net book amount 1,603,213 655,287 756,332 - 3,014,832 At 30 June 2018 At cost Accumulated Depreciation 9,075,998 1,020,088 2,757,374 (7,472,785) (364,801) (2,001,042) Net book amount 1,603,213 655,287 756,332 - - - 12,853,460 (9,838,628) 3,014,832 12. INTANGIBLE ASSETS At 30 June 2017 At cost SOFTWARE INTELLECTUAL PROPERTY TOTAL 1,703,207 69,083,944 70,787,151 Accumulated amortisation (1,092,122) (11,837,702) (12,929,824) Net book amount 611,085 57,246,242 57,857,327 Year ended 30 June 2018 Opening net book amount Forex difference – cost Forex difference – accumulated amortization Additions Amortisation charge Closing net book amount 611,085 57,246,242 57,857,327 32,759 (31,349) 1,963 (711) 34,722 (32,060) 12,662 26,551,478 26,564,140 (449,875) (8,293,721) (8,743,596) 175,282 75,505,251 75,680,533 PAGE 43 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 12. INTANGIBLE ASSETS (CONTINUED) At 30 June 2018 At cost Accumulated amortisation Net book amount 13. TRADE AND OTHER PAYABLES Trade payables Payroll tax and other statutory liabilities Sundry payables and accrued expenses Total trade and other payables SOFTWARE INTELLECTUAL PROPERTY TOTAL 1,748,628 95,637,385 97,386,013 (1,573,346) (20,132,134) (21,705,480) 175,282 75,505,251 75,680,533 2018 $ 2017 $ 3,800,099 1,996,287 10,782,074 3,566,866 5,060,809 3,674,082 19,642,982 9,237,235 All amounts are short term and the carrying values are considered to be a reasonable approximation of fair value. Information about the Group’s exposure to foreign exchange risk is provided in Note 2(a)(i). 14. DEFERRED REVENUE Deferred revenue is recognised over the period during which the service is provided. Reseach and development Annual license and maintenance Maintenance Professional service Total deferred revenue 2018 $ 5,722,660 191,009 3,302,383 419,205 2017 $ 4,807,568 6,420,692 1,508,330 470,104 9,635,257 13,206,694 PAGE 44 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 15. PROVISIONS Current Annual leave Long service leave Non-current Long service leave Make good obligation 2018 $ 2017 $ 2,476,241 1,893,687 140,263 90,213 2,616,504 1,983,900 230,255 160,670 296,259 292,955 526,514 453,625 The current portion of these liabilities represents the Group’s obligations to which the employee has a current legal entitlement. These liabilities arise mainly from accrued annual leave entitlements at the reporting date. A provision has been recognised for employee benefits relating to long service leave for employees. In calculating the present value of future cash outflows in respect of long service leave, the probability of long service leave being taken is based upon historical data. The measurement and recognition criteria for employee benefits have been included in Note 1(o). Nuix is required to restore the leased office at 1 Market Street in Sydney and Unit 17C in Cork Airport Business Park in Cork to the original condition at the end of the respective leases. A provision has been recognised for the present value of the estimated expenditure required to remove any leasehold improvements. These costs have been capitalised as part of the cost of leasehold improvements and are amortised over the shorter of the term of the lease or the useful life of the assets. The discount rate used to determine the present value is a pre-tax rate that reflects current market assessments of the time value of money and the risks specific to the liability. The increase in the provision due to the passage of time is recognised as interest expense. 16. BORROWINGS Non-current Bank Loans (a) Secured liabilities NOTE 2018 $ 2017 $ (a) 20,000,000 15,000,000 Nuix Pty Ltd utilised the cash facility of $20,000,000 out of $30,000,000 ($20M AUD and $7.5M USD). The financing is provided by Commonwealth Bank of Australia with interest repayable on a quarterly basis over the term of the loan. The facility is secured over the Group’s assets. Drawdown made during 2018 was $5,000,000 (2017: nil). PAGE 45 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 17. ISSUED CAPITAL 217,390,649 (2017: 212,389,650) fully paid ordinary shares (a) 17,809,218 8,801,888 NOTE 2018 $ 2017 $ The issued shares do not carry a par value. Movements in issued capital Balance as at 1 July 2016 Shares issued during 2017 Balance as at 30 June 2017 Shares issued during 2018 Balance as at 30 June 2018 *weighted average price NUMBER # ISSUE PRICE* $ AMOUNT $ 200,723,300 11,666,350 0.12 212,389,650 5,000,999 1.80 217,390,649 7,424,512 1,377,376 8,801,888 9,007,330 17,809,218 Ordinary shares participate in dividends and the proceeds upon winding up of the Company, proportionately to the shareholding. At the shareholders’ meetings each ordinary share is entitled to one vote when a poll is called, otherwise each shareholder has one vote on a show of hands. a. Capital risk management Management controls the capital of the Group in order to maintain a good debt to equity ratio, provide the shareholders with returns and ensure that the Group can fund its operations and continue as a going concern. The Group’s debt and capital includes ordinary share capital and financial liabilities, supported by financial assets. There are no externally imposed capital requirements aside from debt covenants. Management effectively manages the Group’s capital by assessing the Group’s financial risks and adjusting its capital structure in response to changes in these risks and in the market. These responses include the management of debt levels, distributions to shareholders and share issues. 18. EQUITY a. Share-based payments The share-based payments reserve is used to recognise: • • • the grant date fair value of options issued to employees but not exercised, the grant date fair value of shares issued to employees, and the grant date fair value of shares issued to shareholders. PAGE 46 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 b. Movement in reserves Share option reserves As at 1 July Share based payment costs As at 30 June Option buy-back reserve As at 1 July Buy-back of options As at 30 June Foreign currency translation reserve As at 1 July Foreign currency translation reserve As at 30 June Total Reserve c. Retained earnings Retained earnings Net profit for the year Total retained earnings 19. DIVIDENDS 2018 $ 2017 $ 3,511,320 2,753,493 1,176,210 757,827 4,687,530 3,511,320 - (6,176,255) (6,176,255) - - - 1,811,947 375,955 2,187,902 1,959,644 (147,697) 1,811,947 699,177 5,323,267 2018 $ 2017 $ 55,875,278 47,330,693 10,989,512 8,544,585 66,864,790 55,875,278 During the year the Directors did not declare an interim dividend (2017: Nil) and have not recommended a final dividend be paid after 30 June 2018 (2017: Nil). Franking credits arising from the payment of income tax, by the parent entity, Nuix Pty Ltd, during the years ended 30 June 2018 and 30 June 2017 are represented below. PAGE 47 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Franking credits Franking Credits Attributable To Parent Entity Franking credits available for subsequent financial years based on a tax rate of 30% (2017: 30%) Parent Entity 2018 $ 2017 $ 668,772 668,772 The amounts represent the balance of the franking account as at the end of the reporting period, adjusted for: • • • franking credits that will arise from the payment of the amount of the provision for income tax, franking debits that will arise from the payment of dividends recognised as a liability at the reporting date (2017: Nil), and, franking credits that will arise from the receipt of dividends recognised as receivables at the reporting date (2017: Nil). Franking credits attributable to the parent entity only are represented above. If the distributable profits of the subsidiaries were paid as dividends the consolidated amounts would include franking credits. The jurisdictional income tax paid by the subsidiaries is set out below: Nuix Ireland Ltd Nuix North America Inc. Nuix Technology UK Ltd Nuix Philippines Regional Operating Headquarters 20. AUDITORS’ REMUNERATION PricewaterhouseCoopers Australia Audit and other assurance Other assurance Total for audit and other assurance Taxation services Total for taxation services 2018 $ 10,684 245,032 2017 $ 760,848 263,711 - 109,047 3,790 - 259,506 1,133,606 2018 $ 2017 $ 225,000 27,000 252,000 14,000 14,000 187,000 22,000 209,000 14,000 14,000 Total for PricewaterhouseCoopers Australia 266,000 223,000 It is the Group’s policy to engage PricewaterhouseCoopers Australia on assignments in addition to their statutory audit duties where their expertise and experience with the Group are important. PAGE 48 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 These assignments are principally tax advice. It is the Group’s policy to seek competitive tenders for all major consulting projects. 21. LEASING COMMITMENTS Lease commitments: Non-cancellable operating leases: Group as lessee The Group leases various offices under non-cancellable operating leases expiring within one to three years. The leases have varying terms, escalation clauses and renewal rights. On renewal, the terms of the leases are renegotiated. Commitments in relation to finance leases are payable as indicated in the table below. Within one year 2,689,960 2,452,663 Later than one year but not later than five years 5,929,130 2,641,214 Later than five years Minimum lease payments 3,826,660 - 12,445,750 5,093,877 2018 $ 2017 $ 22. RELATED PARTY DISCLOSURES a. Parent entity The parent entity within the Group is Nuix Pty Ltd. The ultimate parent entity is also Nuix Pty Ltd. b. Interests in other entities Name of entity Place of business/ country of incorporation Ownership interest held by the Group Ownership interest held by non- controlling interests 2018 2017 2018 2017 Principal activities Nuix North America, Inc USA 100% 100% Nuix Ireland Ltd Ireland 100% 100% Nuix Pte Ltd Singapore 100% 100% Nuix Holding Pty Ltd Australia 100% 100% Nuix USG Inc. Nuix Technology UK Ltd USA UK 100% 100% 100% 100% Nuix Philippines ROHQ Philippines 100% 100% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Sale of Software Sale of Software Sale of Software Holding Company Sale of Software Sale of Software Business Support PAGE 49 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 c. Transactions with other related parties The parent entity enters into commercial arm’s length distribution and reseller agreements between the Group subsidiaries. These agreements are entered into on normal and commercial terms. d. Loans to / from related parties Loan (from) / to Nuix Ireland Ltd to Nuix UK* Balance at 1 July Payments received Interest charged Balance as 30 June Loan from Nuix Ireland Ltd to Nuix Pte. Ltd. Balance at 1 July Payments received Interest charged Balance as 30 June Loan to Nuix Ireland Ltd to Nuix USA** Balance at 1 July Loans advanced Payments received Interest charged Balance as 30 June Loan to Nuix USA** to Nuix USG Balance at 1 July Loans advanced Interest charged Balance as 30 June Loan from Nuix Regional Operating Headquarters to Parent Balance at 1 July Loans advanced Payments received Interest charged Balance as 30 June 2018 $ 2017 $ 91,668 (1,194,437) 42,708 (1,060,061) 209,634 (183,196) 65,230 91,668 - 240,223 - (261,778) - 21,555 - - 14,518,389 12,722,627 - 1,344,260 (11,041,276) - 351,042 451,502 3,828,155 14,518,389 1,375,892 670,040 417,937 668,647 88,098 37,205 1,881,927 1,375,892 (102,981) 14,178 857 - - (104,546) 13,600 708 (75,203) (102,981) PAGE 50 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 d. Loans to / from related parties (continued) Loan to / (from) Parent to Nuix USA** Balance at 1 July Loans advanced Payments received Interest charged Balance as 30 June Loan from Parent to Nuix Ireland Ltd Balance at 1 July Loans advanced Interest charged Balance as 30 June Loan to Parent to Nuix Singapore Balance at 1 July Loans advanced Payments received Interest charged Balance as 30 June *Nuix UK is an abbreviation for Nuix Technology UK Ltd **Nuix USA is an abbreviation for Nuix North America Inc. 23. SHARE-BASED PAYMENTS a. Employee Share Option Plan (ESOP) 2018 $ 2017 $ (12,440,596) (1,315,627) 19,784,307 - - (11,017,304) (218,301) (107,665) 7,125,410 (12,440,596) (13,709,030) (13,462,555) 12,546,897 268,679 170,291 (416,766) (893,454) (13,709,030) 237,191 (82,354) - (10,433) 144,404 - - 228,726 8,465 237,191 The establishment of the Nuix Pty Limited ESOP was approved by the Board of Directors on or around fiscal year 2012. The ESOP is designed to align the interests of eligible employees more closely with shareholders and provide greater motivation and incentive for them to focus on the Company's longer- term goals. Under the plan, participants are granted Options which may only be exercised if the Relevant Requirement has been met. PAGE 51 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Participation in the plan is at the Board’s discretion and no individual has a contractual right to participate in the plan or to receive any guaranteed benefits. To be eligible to receive an Option Invitation, an Employee must have at least six months continuous employment with the Company at the time invitations are issued, not be on a Performance Improvement Plan and not be employed as an Intern. Options are granted under the plan for no consideration and carry no dividend or voting rights and are Non-statutory Stock Options. Option holders cannot assign, transfer, sell or otherwise deal with the Options granted under the Plan without Board of Directors’ approval. The amount of Options that vest depends upon the vesting rules of the respective Plan rules (generally three to five years). The Options vest in a series of successive equal monthly instalments beginning on the first anniversary of the Vesting Commencement Date, subject to the Optionholder’s continued employment with the Company. Once vested, the Options become exercisable following the consummation of a Corporate Transaction / Liquidity Event (as defined in the Plan rules) or a date determined by the Board. However, under some earlier Plan rules, Options are exercisable for a period of three years once they become fully vested. Following the exercise of the Options, a vested Option is converted into one ordinary share within a certain number of business days as determined by the Plan rules (generally ten to fifteen business days). The exercise price of options is determined by a combination of internal and external valuation methodologies and presided over by the Board of Directors. Set out below are summaries of options granted under the plan: Average Exercise Price Per Number of Share Options As at 1 July Granted during the year Exercised during the year Sold Forfeited during the year As at 30 June Vested and exercisable at 30 June 2018 2017 $ # $ # 0.72 2.30 0.12 - 0.80 0.81 0.01 52,591,250 0.27 86,301,250 1,530,000 1.97 9,465,000 (3,959,150) 0.04 (6,210,000) - 0.10 (9,476,350) (7,565,000) 42,597,100 0.12 (27,488,650) 0.72 52,591,250 15,368,900 0.03 16,610,000 PAGE 52 of 63 Nuix Pty Ltd and Controlled Entities Annual Report Notes to the Consolidated Financial Statements (continued) For the year ended 30 June 2018 Share Options outstanding at the end of the year have the following expiry date and exercise prices Share Options Share Options Weighted Average Exercise Price (Post Split) (Post Split) 30 June 2018 30 June 2017 $0.0002 15,000,000 15,000,000 Last Exercise Date (Led) LE < APR15 < MAR16 < MAR17 LE LE &

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