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annual report/2006 - University of Melbourne

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Notes to and forming part <strong>of</strong> the Financial Statements<br />

Note 34 Contingent Assets and Contingent Liabilities<br />

The <strong>University</strong> and its subsidiaries have the following contingent assets and contingent liabilities as at 31 December <strong>2006</strong>.<br />

34.1 Contingent Assets<br />

34.1.1 As at 31 December <strong>2006</strong> The <strong>University</strong> did not have any contingent assets (Nil 2005).<br />

34.2 Contingent Liabilities<br />

34.2.1 Indemnity<br />

(a) The <strong>University</strong> has issued a Letter <strong>of</strong> Indemnity to the National Australia Bank to cover the Bank’s guarantee to the Victorian<br />

WorkCover Authority under the <strong>University</strong>’s WorkCover Self Insurance Scheme. The amount <strong>of</strong> the guarantee in place is<br />

$7,062,000 (2005 $7,156,500) and the actuarial assessment <strong>of</strong> claims liability as at 31 December <strong>2006</strong> is $5,062,000 (2005<br />

$5,042,000).<br />

(b) In addition, the <strong>University</strong> has provided an indemnity to cover National Australia Bank guarantee to the City <strong>of</strong> <strong>Melbourne</strong><br />

in respect <strong>of</strong> a 50-year lease (signed in 2000) over a site on which the <strong>University</strong> has constructed, and is operating, as a car<br />

park ($600,000).<br />

34.2.2 Student Accommodation<br />

(a) College Square on Swanston Street<br />

The <strong>University</strong> has agreed to provide a rental guarantee to the purchasers <strong>of</strong> student apartments in the College Square<br />

development on Swanston Street, Carlton. The rental guarantee is for a period <strong>of</strong> one year for the first year after settlement<br />

with a guarantee for the second year being provided by Becton (the developers). The <strong>University</strong>’s obligation applies over<br />

<strong>2006</strong>-2008 as the project is being delivered in two stages. Stage 1 was delivered in <strong>2006</strong> with settlements occurring from<br />

the end <strong>of</strong> May while Stage 2 was completed by January 2007 with settlements extending from that date. The maximum<br />

exposure for 2007 is estimated at $1,425,000 ($635,873 in <strong>2006</strong>).<br />

34.2.3 Tax Exempt Status – UMEE Ltd (formerly <strong>Melbourne</strong> <strong>University</strong> Private Ltd)<br />

Pursuant to the transfer <strong>of</strong> the activities <strong>of</strong> <strong>Melbourne</strong> Enterprises International Ltd to <strong>Melbourne</strong> <strong>University</strong> Private Ltd (now<br />

know as UMEE Ltd) in 2002, <strong>Melbourne</strong> Enterprises International Ltd lodged a tax ruling request with the Australian Tax Office<br />

with respect to confirming <strong>Melbourne</strong> Enterprises International Ltd’s tax exempt status. On 18 December 2003 the Australian<br />

Taxation Office provided the determination that, based on <strong>Melbourne</strong> Enterprises International Ltd’s making <strong>of</strong> donations<br />

<strong>of</strong> $51,000,000 to the <strong>University</strong> <strong>of</strong> <strong>Melbourne</strong>, <strong>Melbourne</strong> Enterprises International Ltd was not entitled to an exemption<br />

from income tax from 1 July 1999. Based on the advice <strong>of</strong> Senior Counsel, <strong>Melbourne</strong> Enterprises International Ltd lodged a<br />

submission on the 30 June 2004 responding to the Australian Taxation Office’s (ATO) determination.<br />

The Australian Taxation Office responded to the submission on 3 April <strong>2006</strong>, reiterating its view that <strong>Melbourne</strong> Enterprises<br />

International Ltd was not entitled to an exemption from income tax. Based on further advice <strong>of</strong> Senior Counsel, <strong>Melbourne</strong><br />

Enterprises International Ltd lodged a further submission disagreeing with the ATO’s view. The submission is being considered<br />

by the ATO’s Senior tax Counsel, however at balance date no response has been received.<br />

As at the balance date the final outcome <strong>of</strong> this matter remains uncertain and it is not feasible to quantify with any certainty<br />

the potential financial impact on the consolidated entity <strong>of</strong> the possible loss <strong>of</strong> tax exempt status for <strong>Melbourne</strong> Enterprises<br />

International Ltd.<br />

134<br />

The <strong>University</strong> <strong>of</strong> <strong>Melbourne</strong> Annual Report <strong>2006</strong>

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