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As the summer holidays linger or fade, Property Observer has found a handful of holiday shacks for sale. And one as cheap as $75,000, if you want in Tasmania, or from $275,000 on the mainland.

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Their basic, no-frills design have possibly helped influenced architects such as Glen Murcutt and Drew Heath seek their quintessential utilitarian design.

Even after the result of years of sea spray, one does come close to a $1 million asking price.

[smartcode_project:default project_id=5559]

Just looking at them ought to bring back memories of jumping off sand dunes and baking hot car trips, being traumatised by older siblings and falling off bikes.

So take trip down memory lane – or in one case up the Murray River – just don’t forget your wallet.

$500,000 plus
<a href="https://www.realestateview.com.au/Real-Estate/8-diggers-crescent-great-mackerel-beach/Property-Details-buy-residential-2201871" target="_blank">8 Diggers Crescent, Great Mackerel Beach</a>, NSW

<img alt="8diggers" height="353" src="/images/stories/2012/12/8diggers.jpg" width="470">

Located not far from the western foreshores of Pittwater directly opposite Palm Beach, this one's an almost idyllic hideaway. The house was originally built in the 1950s and has had very little change since then expect for its bathroom being updated in the 1960s. As the agent Kathyrn Hall suggests - think back to days of no television, a more simplistic life, simple pleasures of a relaxed holiday atmosphere where you swam at the beach, board games and card games at night. The house itself is a very simple fibro cottage, light and airy, all on one level. And in very original condition, but in good order.

 

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$250,000

<a href="https://www.realestate.com.au/property-residential+land-nt-dundee+beach-200375791" target="_blank">3732 Launceston Road Dundee Beach</a>, Northern Territory

<img alt="dundee" height="353" src="/images/stories/2012/12/dundee.jpg" width="470">

A quarter of a million dollars will buy you this remote shack build from two storage containers on a 10 hectares of arid bushland about  three hours' drive south-west of Darwin and a short drive from the Timor Sea. It’s listed for sale through Margaret Fanning of Elders Real Estate and described as an “ideal spot for a quiet weekend or a fishing shack". The shack is subdivided into two containers with a breezeway in the centre for enjoying a cold beer and presumably, fish caught on the beach or in the nearby Launceston inlet. One of the containers is air-conditioned and is used for sleeping and the other is used for storage.

 

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$299,000 plus

<a href="https://www.realestate.com.au/property-house-sa-walker+flat-112039323" target="_blank">Swan Reach Road, Greenways Landing, SA</a>

<img alt="greenways" height="353" src="/images/stories/2012/12/greenways.jpg" width="470">

Hey, they don't make them like this anymore! This is one of eight shacks set close to one of the only boat ramp for miles on this portion of the Murray River. The freehold river front shack has plenty of room for boats, parking for cars, bikes and tents. Its got two bedrooms, water tank, pump shed, paved river front patio with fire pit, shaded lawns, sunset vistas with tame kookaburras and pelicans. Just a short boat ride to the legendary Swan Reach Hotel. Comes on a walk-in-walk-out basis with Torrens title, water licence and development plans (STCC).

 

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 $640,000 - $690,000

<a href="https://www.fletchers.net.au/3106069/247-The-Esplanade-Indented-Head" target="_blank">247 The Esplanade Esplanade, Indented Head</a>, Vic

<img alt="indented" height="264" src="/images/stories/2012/12/indented.jpg" width="470">

This fibro beach house is just metres from the beach and bay. Its been for sale with no price adjustment since listed in May 2012 through Fletchers. Hopefully the toes don't get wet on the front decking when the king tide comes in. It is bring your own tree.

 

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$275,000

<a href="https://www.realestate.com.au/property-house-wa-falcon-112488079" target="_blank">12 Maranel Street, Falcon</a>, WA

<img alt="maranel" height="353" src="/images/stories/2012/12/maranel.jpg" width="470">

Cute might be stretching it, but at just 350 metres to the beach, this two-bedroom cottage is well located. It's apparently on a quiet street on a lovely treed 885-square-metre block. Michael Goodwin at Harcourts Mandurah had the listing, selling it just a few days ago in early 2013. It had been for sale since October 2012, having last traded at $300,000 in early 2010.

 

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$185,000

<a href="https://www.realestate.com.au/property-residential+land-qld-burrum+heads-200360715" target="_blank">40 Orchid Drive Burrum Heads</a>, Queensland

<img alt="orchiddr" height="353" src="/images/stories/2012/12/orchiddr.jpg" width="470">

Though this “lovers'” beach shack may have all the charm of a prison cell, it is just a short stumble the “very private” Sirenia Beach and will appeal to those holidaymakers who love the idea of a morning or evening beach walk searching for sea shells and other “treasures”. There’s also the opportunity to fish on the beach, the saltwater lake or in Burrum River. The property itself is a fully furnished three-bay colorbond shed (all indoor and outdoor furniture included in the sale price) and includes a shower, toilet and kitchenette.

 

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$75,000

<a href="https://www.realestate.com.au/property-house-tas-cramps+bay-112305039" target="_blank">78 Cramps Bay Road Cramps Bay</a>, Tasmania

<img alt="cramps" height="353" src="/images/stories/2012/12/cramps.jpg" width="470">

Affordable fishing cabins in Tasmania's Central Highlands have a naive romantic charm. This one's many great features include direct lake views and a boat ramp/lake access located within a lure throw. The 38-square-metre cabin is heated by a little Red Embers freestanding wood heater. The property is listed on a walk-in-walk-out basis, including all furniture, white goods, cookware, generator and presumably the firewood. Paul Kaine at Roberts Real Estate Longford has the 2,518-square-metre listing. 

 

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$970,000

<a href="https://www.realestate.com.au/property-house-nsw-arrawarra+headland-107302421" target="_blank">14 Second Avenue, Arrawarra Headland</a>, NSW

<img alt="secondave" height="353" src="/images/stories/2012/12/secondave.jpg" width="470">

Not many people paint their houses pink these days, it’s a shame. With its holiday décor, a granny flat out the back and various hidden treasures, this home has almost certainly been the site of many a teenage holiday romance. The four-bedroom property sits on a generous 750 square metres, and it’s literally metres from the beach. It’s a seven-hour drive north of Sydney, probably a two day affair back in the day. It’s being sold by Mark Killian from Nicole Cardow Real Estate Woolgoolga and Matt Dougherty at LJ Hooker Grafton.

 

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$289,000 - $299,000

<a href="https://www.realestate.com.au/property-house-sa-aldinga+beach-112618315" target="_blank">12 Maurice Street, Aldinga Beach</a>, SA

<img alt="maurice" height="353" src="/images/stories/2012/12/maurice.jpg" width="470">

This one's called Wacko Shacko – set in the scrublands just a few minutes walk from the access ramp to Aldinga Beach, under one hour from Adelaide. Wacko Shacko has three bedrooms, open plan living areas, and a well-equipped kitchen. The property is offered furnished – through Deb Tucker at Raine &amp; Horne McLaren Vale. It last sold for $235,000 in 2004. It's a holiday rental too, <a href="https://www.rent-a-home.com.au/propertydetails.aspx?PropertyID=41685#requestAQuote" target="_blank">currently renting at between $80 and $140 a night</a>.

 

 
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Nostalgic fibro holiday home shacks from $75,000 plus

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Nicole Kidman, the actress, has given Vogue a video tour of her NSW Southern Highlands retreat, Bunya Hill. It was the latest of the international magazine's 73 Questions series.

The actress and her country music star husband, Keith Urban snapped up <a href="https://video.vogue.com/watch/73-questions-inside-nicole-kidman-s-australian-farm" target="_blank">Bunya Hill</a>, a 45-hectare black Angus cattle stud at Sutton Forest, for $6.5 million in 2008.

Long hidden behind hedging, the Sutton Forest property, with its magnificent 1878 Georgian mansion and impressive pedigree, has wide sandstone verandas, pressed-metal ceilings, a carved cedar staircase and 10 marble fireplaces.

It has the proportions and details that made it worthy to be leased as a vice-regal rural retreat for Lord Augustus Loftus, a governor of NSW in the colonial 1880s.

Bunya Hill was sold by Peter Coad, head of global markets at National Australia Bank, and his wife, Helen, through Sothebys and Drew Lindsay Real Estate. 

[smartcode_project:default project_id=5897]

It is set in the Sutton Forest village located in New South Wales precinct where Hume Coal now intends to build an underground coal mine.

Details of the plans were advised last week, submitted to New South Wales Government as a first step in the approval process.

The aim is to extract coal from the Wongawilli coal seam in the Sutton Forest region, while protecting the ground water and the environment, but most locals, including the celebrity couple have huge apprehension.

[smartcode_project:default project_id=6284]

Surface infrastructure is proposed to be developed on predominately cleared land owned by Hume Coal. Over half of the remaining sections of the project area are scheduled to continue to be, used for livestock grazing, small-scale farm businesses and hobby farms. There are a small number of vineyards present, principally Cherry Tree Hill Wines, and Eling Forest, with the Belanglo State Forest covering the north-western portion of the project area and contains introduced pine forest plantations, areas of native vegetation and several creeks that flow through deep sandstone gorges.

The project area is traversed by several watercourses including Oldbury Creek, Medway Rivulet, Wells Creek, Wells Creek Tributary, Belanglo Creek and Longacre Creek, all of which ultimately discharge to the Wingecarribee River, located around 2 km north of the project area. The Wingecarribee River’s catchment forms part of the broader Warragamba Dam and Hawkesbury-Nepean catchments. Medway Dam is also adjacent to the project area. 

Hume Coal has undertaken extensive groundwater investigations to characterise the existing hydrogeology of the project area and surrounds, including groundwater depth, quality, flow and uses. Investigations are ongoing, though the 65 groundwater monitoring points that have been established to date, comprising mainly purpose-built groundwater monitoring bores, as well as vibrating wire piezometers.

Project director, Greig Duncan stated that the company had commenced <a href="https://www.humecoal.com.au/hume/assets/File/Home%20page%20PDF%20and%20images/J12055_SEARs%20application%20supporting%20document_FINAL_170715.pdf" target="_blank">detailed environmental and geological studies</a> as well as extensive engineering design analysis to make sure the local community received the best outcome.

[smartcode_project:default project_id=6876]

It is noted that, to avoid any perception that the Hume Highway could be affected by future, longterm ground movements, no mining will occur beneath these features, other than development of underground roadways (first workings development) required for access.

The planned coal mine will mine 35% of coal from the available reserves and leave the rest underground to hopefully provide long-term ground stability and reduce impacts on groundwater.

It is expected to create 400 jobs for the local community.

Greig Duncan assured he project will not involve coalbed methane, opencast or longwall mining.

"It will have no impact on town water or surface water such as dams.

"Furthermore, we’ve taken great care to design a mining system that will have no long-term impact on the groundwater system, ensuring it remains intact and undamaged for future generations.”

[smartcode_project:default project_id=29679]

The innovative mining system is being spriuked as an "Australian first." 

The project incorporates a number of leading practice innovations, "some of which set a new benchmark for underground coal mining in NSW" with the rail wagons used to transport product coal off-site being covered.

Surface infrastructure is proposed to be developed on predominately cleared land owned by Hume Coal, or for which there are appropriate access agreements in place with the landowner, at sites that are relatively free from environmental and other constraints.

With proximity to rail infrastructure and Port Kembla, the Hume Coal Project involves operation of an underground coal mine over a 22 year-period, which will extract approximately 50 million tonnes of coal from the Wongawilli Seam, followed by a closure and rehabilitation phase of nominally two years.

There will be production of nominally up to three million tonnes per annum of metallurgical and thermal coal for international and domestic markets.

There will be peak workforces of approximately 400 full-time equivalent employees during construction and approximately 300 full-time equivalent employees during operations.

[smartcode_project:default project_id=94621]

Hume Coal Hume Coal is a wholly owned subsidiary of POSCO Australia, a subsidiary of Korean based POSCO, the world’s sixth-largest steel maker.  Hume Coal currently has two advisory groups, the SRG and WAG.

Hume Coal established a SRG formed in 2014 chaired by Paul Mitchell OAM and is made up of community representatives.

The Hume Coal WAG is made up of representatives from government, local business, landowners, special interest groups and Hume Coal and its technical advisors. It was formed in 2011 and is chaired by the Hon. Gary Nairn.

Hume Coal holds exploration Authorisation 349 (A349) approximately 100kms south of Sydney and 3kms west of Moss Vale, in the Wingecarribee local government area.

Extensive exploration has been undertaken within A349 since the 1950s and the current exploration authorisation was granted in 1985. It was acquired by Hume Coal in 2010. Concurrent with lodging this document, a referral is being made to the Commonwealth Department of the Environment to determine whether or not approval is also required under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

An EIS is a requirement of the approval process.

The project area is in a semi-rural setting, characterised by grazing properties, small-scale farm businesses, hobby farms, natural areas, forestry, scattered rural residences, villages and towns and some industries and major infrastructure.

[smartcode_project:default project_id=6656]

A number of State and locally listed heritage places are present in the local area.

The villages of Sutton Forest and Exeter are within A349, but both have been excluded from the project area.

Medway, New Berrima and Berrima villages are also nearby, while Moss Vale, Bowral and Mittagong, located between approximately 3 and 15 km east and north-east of the project area, are the LGA’s main regional centres.

Industrial and manufacturing facilities in the locality include the substantial Berrima Cement Works and Berrima Feed Mill on the fringe of New Berrima, as well as brickworks, metal fabrication, mining equipment manufacture and quarries. Berrima Colliery’s mining lease adjoins the project area’s northern boundary.

Berrima Colliery closed in 2013 after almost one hundred years of operation and is currently in care and maintenance.

The Wingecarribee LGA is also a retirement destination with an aging population, with approximately 42% aged over 50 – significantly higher than the NSW average of 33% (Australian Bureau of Statistics 2011).

Main picture of Bunya Hill (dated 2008) from Drew Lindsay Real Estate. 

Carousel images courtesy of US Vogue Magazine.
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Nicole Kidman shows off Bunya Hill, Sutton Forest for first time

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The recent ASIC review of SMSF advice revealed a number of areas for improvement in the advice-giving process.
Given the risks associated with a DIY option, ASIC has issued guidelines on the things advice providers and investors should discuss and consider before setting up an SMSF.
They outline some practical tips that advice providers can use to improve the quality of SMSF advice they provide to investors.
ASIC set out a scenario as to appropriate advice when it came to a SMSF investing in shares:
An investor approached an advice provider about purchasing listed shares with their superannuation.
The investor’s existing superannuation fund did not provide this option so the investor sought advice about an appropriate alternative that would allow them to purchase listed shares.
The investor undertook their own research and selected a portfolio of blue chip shares that they intended to buy and hold as a long-term investment.
The advice provider determined that the investor was not nearing retirement and was correctly prioritising the repayment of their mortgage.
The advice provider appropriately scaled the advice to the recommendation of a superannuation account that suited the specific needs of the investor.
Commentary:
The advice provider determined that the needs of the investor were not complex and identified an APRA-regulated superannuation fund that offered all of the features that the investor required at a competitive price.
The advice provider also considered an SMSF for the investor, but decided that it would not be suitable, given that the investor was looking for a simple option and had no desire to be actively involved in the administration of the fund.
The advice provider appropriately recommended the APRA-regulated fund to the investor.
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ASIC advisory: purchasing shares with superannuation

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The recent ASIC review of SMSF advice revealed a number of areas for improvement in the advice-giving process.
Given the risks associated with a DIY option, ASIC has issued guidelines on the things advice providers and investors should discuss and consider before setting up an SMSF.
They outline some practical tips that advice providers can use to improve the quality of SMSF advice they provide to investors.
ASIC set out a scenario as to appropriate advice when it came to a SMSF investing in real property:
A couple in their early 50s received advice on establishing an SMSF.
The advice provider discussed the various investment options and asset classes available to the SMSF.
The investors informed the advice provider that they were experienced real property investors, having acquired three investment properties in their personal name, and that they now wished to use their superannuation savings to purchase a further investment property with the assistance of gearing.
The advice provider undertook further inquiries and determined that the investors:
• owned their home outright and had no dependants;
• had an investment property portfolio totalling $1 million, with investment loans of $800,000 and 20 years remaining on the term of the loans;
• had combined superannuation totalling $200,000 to which they only contributed superannuation guarantee contributions;
• earned a combined annual income of $120,000 which only just covered their annual living expenses, tax and the commitments for their investments; and
• intended to retire in 10 years time with a retirement income of $60,000 per year in today’s dollars.
The advice provider immediately identified the following issues for the investors:
• they had no budget, which was limiting their ability to contribute to superannuation and accumulate retirement savings;
• they had no plan in place to repay their investment loans before retirement;• the establishment of a real property investment in the SMSF would further increase their outstanding debt and concentrated investment exposure to direct real property; and
• to retire in 10 years with an annual retirement income of $60,000 in today’s dollars, they would require retirement savings of around $1.5 million in 10 years time.
Following a discussion with the investors, it was decided that the SMSF real property investment was not appropriate for the investors.
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Getting the best advice on SMSF investing in real property: ASIC scenario

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SPONSORED POST
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Property tax depreciation is calculated on two different aspects of your asset, Depreciating Assets and Building Allowances. Depreciating Assets include plant and equipment, things like carpets, lifts, appliances and white goods. Building Allowances are primarily based on the building and structure of your asset.
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Yet so many property owners stumble. A simple lack of knowledge and the specialist nature of property tax depreciation means investors often under-claim and at times even avoid the process missing out on thousands. Unfortunately many investors rely on their financial advisors or generic advisors who really cannot dissect a property and its component parts and, they may not maximise the potential benefits.
Remember that no property is too old or small to benefit from a professionally prepared property tax deprecation schedule. Whether it be commercial, residential or industrial, brand new, renovated or just old, every investment property has the potential to further increase your cash-flow. There's hard cash sitting there waiting to be claimed. It's just a matter of taking the first step in the right direction, and that's where NBtax comes in.
Combining the latest in digital innovation with years of specialist experience, it's the best of both worlds, we make life easier for investors in a time poor world.
NBtax combines cloud-based data management with our specialist experience.  With an NBtax property depreciation schedule for your investment you’re able to relax and know that we’ve got your back. Our Quantity Surveyors are some of the most experienced in the industry and their objective is to produce a maximised property tax depreciation schedule tailored to your investment.
It's a wise move, an easy process. More cash and peace of mind – the best of both worlds with NBtax.
Contact one of our specialists for <a href="https://nbtax.com.au/" target="_blank">further information</a>.
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It’s tax time and NBtax is here to help

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SPONSORED POST

Rental properties make money for investors through income and capital gains, both of which are taxable.

Depending on your annual income from investments, wages and other sources, tax can eat up a sizable chunk of your returns.

One way to minimise your tax bill is to ensure you’re claiming all of the deductions you can on your investment property.

Expenses you incur due to owning a rental property can be o set against the income the investment brings in.

If the deductions add up to more than the income, you can offset set the tax loss against earnings from other sources. If the income is higher than the total value of deductions, you must pay tax on the excess. 

Most of the income you’ll receive from your investment property will be rent paid by tenants. Other property-related income is also taxable, such as insurance payouts for damage to the property or lost rent, and rental bond you’ve retained to pay for damage caused by tenants.

The Australian Taxation Office has strict rules about what costs and expenses you can and can’t use to reduce your tax bill. For example, you can only claim expenses for the period that your property was rented or available for rent.

You can claim some expenses in full in the tax year in which you incurred them but others must be claimed over a number of years.

CLAIM IN FULL NOW

The long list of expenses you can claim straight away includes:

• Interest on your mortgage

• Strata fees

• Council rates

• Water bills

• Repairs and maintenance

• Pest control

• Property management costs

• Advertising for tenants

• Land tax

• Legal expenses

• Bank charges

• Administration costs such as phone bills, stationery and postage.

You can claim a tax deduction this year on expenses you’ve prepaid such as insurance and interest on your mortgage for the coming nancial year.

CLAIM OVER TIME

Some costs must be claimed over several years. Charges for establishing a mortgage are usually claimed over five years, for instance. Assets that wear out and need to be replaced periodically – such as carpets and hot water systems – need to be depreciated with the cost claimed over their useful lifespan. 

You may also be able to claim capital works deductions, which cover the property’s construction costs, including the home itself, carports, sealed driveways and fences, and items that are fixed in the building such as kitchen and bathroom cabinets.

DON’T CLAIM AS EXPENSES

You can’t claim the cost of buying and selling the property or any initial repairs that are needed before you can rent it out. These costs are factored into the profit, or capital gain, you make when you sell.

These lists are not exhaustive. If in doubt, check with a tax professional. 

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To download a free ebook on new financial year taxation tips for property investors,<a href="https://www.urban.com.au/guides/55208-how-to-maximise-your-tax-advantages-and-pay-off-your-home-sooner" target="_blank"> click here</a>.
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New financial year tax tips for property investors

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SPONSORED POST
As an investor, you’ll want to minimise the amount of tax you pay on your rental property and ensure the process of completing tax returns run as smoothly as possible. Here are some tips to help.
1. Keep paperwork in order from the start. Record all up-front expenditure when buying your investment as initial expenses form part of the property’s cost base and can help cut capital gains tax when you sell. Carefully file all investment-related receipts throughout each year to minimise headaches at tax time.
2. Pre-pay interest and other expenses if it makes sense for you.
3. When considering whether to repair or replace an appliance or fixture, remember repairs can be claimed in the tax year in which they were incurred while replacements often need to be depreciated over the item’s lifespan. This could make a difference to your investment’s costs and your annual tax bill.
4. Consider obtaining a depreciation schedule. These do cost but they may allow you to claim deductions for capital works and assets such as appliances that save thousands in tax over the time you own the investment. 
5. Handle tax in the same way as the names on the property title: if the property is held equally in joint names, for example, you both need to declare half the income and claim half expenses in your tax returns.
6. Beware of redrawing on your investment property mortgage for personal use. This changes the amount of interest you can claim as a tax deduction and may affect whether your property is positively or negatively geared.
7. Try to time the sale of your investment property so it settles in a year when your taxable income will be lower. This might mean waiting until you retire, take a break from work or start a business, for example.
8. If you plan to dispose of a loss-making investment, try to sell in the same year as a profit-making investment property so you can use the loss to reduce your net capital gain, and therefore your tax bill. Remember to offset capital losses from previous years against current-year gains.
9. Seek advice before buying property through a self-managed superannuation fund. There can be tax advantages but there are fewer benefits to negative gearing through super. There are also restrictions on what you can do with your rental property that don’t apply to investments you directly own – such as renovating and renting to relatives or friends.
10. Seek professional tax advice to ensure you’re claiming all you’re entitled to. 
To download a free ebook on new financial year taxation tips for property investors,<a href="http://propertyobserver.com.au/forward-planning/tools/ebooks-and-webinars/55208-new-financial-year-tax-planning-tips-for-property-investors" target="_blank"> click here</a>.
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Minimise the amount of tax paid on rental property investment

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Property Observer is a source of independent news and information for property investors and astute buyers, so they can make informed property investment decisions.
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GUEST OBSERVATION
The fastest growing sector in the economy today is not mining, retailing or even education. It’s superannuation, which accounts for almost 30% more than the total savings held by the banking and mutual sector.
Self-managed superannuation is the fastest growing form of investment vehicle.
This has altered the landscape of both property and share investment. In the property market there are well-established regulations and safeguards. The stock market is a different story.
The proposed takeover of David Jones by the South African-based Woolworths and the deal made by Woolworths to buy Solomon Lew’s stake in David Jones, who happens to own an equally large share of Country Road (another takeover target of Woolworths), highlights the problem.
The board of the takeover target recommends to its shareholders what to do, but there is no formal requirement for shareholder approval. It’s assumed if the shareholders sell, that’s their approval. If they don’t sell, they don’t approve.
In the case of David Jones, a wealthy, assertive investor is getting a side deal not available to other investors.
Why should this happen?
In other countries, a formal takeover requires shareholder approval, thus discouraging side deals to occur where some walk away with large profits and others get what they can.
David Jones
The David Jones takeover provided an opportunity for some to simply profiteer, to the extent they could make more money linking this deal with others, thus cornering Woolworths to pay for deals it may not have planned.
If anything, the David Jones scenario raises questions as to whether a takeover of this nature is manipulative, unfair to ordinary shareholders and a distortion of the market mechanism.
The Australian Securities and Investments Commission (ASIC) has intervened, asking questions about the side deal protecting the interests of David Jones' shareholders by intervening in Woolworths' $2.2 billion takeover bid for David Jones.
As ASIC threatens to withhold its consent to the scheme of arrangement, a core part of the $2.2 billion takeover is arguing that a collateral benefit to one shareholder is not available to the other shareholders. The board is so keen to push the takeover that they are prepared to sell the takeover on the basis that the millions made on the side by Lew should not kill the deal.
Directors should of course be supporting the interest of the company as a whole and of all the shareholders. In the past the <a href="https://www.theguardian.com/business/2006/dec/14/australia.theairlineindustry">Allco Finance Group takeover of Qantas</a> had the same set of facts. A takeover favouring those few in particular linked to the board is a further reason for ASIC’s intervention.
ASIC is not about increasing share prices - it’s about access to a fair price. If one shareholder gets a huge side bonus which increases the prices, should those getting the crumbs be happy? Are their shares the same of those getting the bonus?
ASIC had failed in the Federal Court to force David Jones to secure an <a href="https://www.smh.com.au/business/retail/asic-steps-into-david-jones-country-road-battles-with-demand-for-independent-valuation-20140702-zstnq">independent valuation of the “collateral benefit”</a> that Woolworths was offering to one of its shareholders simply to buy his support for the David Jones scheme of arrangement. ASIC can always withhold a letter of consent for the scheme, on the grounds that all David Jones shareholders are not being treated equally.
In response, David Jones has provided shareholders with additional information to help show shareholders how this deal was done.
All this could be resolved if shareholders were given the complete, true facts in an accessible manner, and if takeover predators were forced to make the same offer to all and let shareholders decide.
Why the loophole exists
Law reform in the area of takeovers is well overdue and belongs to another age. Unlisted companies don’t require shareholder approval for takeovers on the presumption that shareholders don’t have enough information. The idea is public information and scrutiny aren’t as readily available as for listed companies.
This thought process belongs to a pre-internet era and is not very relevant today. The rule has been kept as it tends to favour larger investors who play the game of takeover and sales. Allowing other smaller shareholders more power would complicate the game, which explains why governments have kept their distance from changing these laws.
The world has moved on, and it’s only a matter of time before the predators and profiteers further manipulate the hordes of superannuation investors in the market to extract extraordinary profits.
It’s time for a closer look at shareholders' rights, together with the regulation of the market place, to discourage two-tier takeover offers - one for the well-connected and aggressive market operators and another for the other shareholders.
Michael Peters is lecturer at <a href="https://www.asb.unsw.edu.au/Pages/default.aspx" target="_blank" style="line-height: 1.3em;">Australian School of Business</a>.
This article was originally published on <a href="https://theconversation.com">The Conversation</a>.
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