UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer Pursuant to Rule 13a-16 or 15d-16
under the Securities Exchange Act of 1934
For the Month of February, 2009
1-15240
(Commission File Number)
JAMES HARDIE INDUSTRIES N.V.
(Translation of registrant’s name into English)
Atrium, 8th floor
Strawinskylaan 3077
1077 ZX Amsterdam, The Netherlands
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover Form
20-F or Form 40-F.
Form 20-F þ Form 40-F o
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(1): Not Applicable
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by
Regulation S-T Rule 101(b)(7): Not Applicable
Indicate by check mark whether the registrant by furnishing the information contained in this Form
is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934.
Yes o No þ
If “Yes” is marked, indicate below the file number assigned to the registrant in connection with
Rule 12g3-2(b): Not Applicable
Safe Harbor Statement
The exhibits attached to this Form 6-K contains forward-looking statements. We may from time
to time make forward-looking statements in our periodic reports filed with or furnished to
the United States Securities and Exchange Commission on Forms 20-F and 6-K, in our annual
reports to shareholders, in offering circulars, invitation memoranda and prospectuses, in
media releases and other written materials and in oral statements made by our officers,
directors or employees to analysts, institutional investors, lenders and potential lenders,
representatives of the media and others. Statements that are not historical facts are
forward-looking statements and for US purposes such forward-looking statements are
statements made pursuant to the Safe Harbor Provisions of the Private Securities Litigation
Reform Act of 1995. Examples of forward-looking statements include:
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expectations about the timing and amount of payments to the Asbestos Injuries
Compensation Fund (AICF), a special purpose fund for the compensation of proven
Australian asbestos-related personal injury and death claims; |
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statements regarding tax liabilities and related audits and proceedings; |
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statements as to the possible consequences of proceedings brought against us and
certain of our former directors and officers by the Australian Securities and
Investments Commission; |
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expectations concerning indemnification obligations; |
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expectations concerning the costs associated with the suspension or closure of
operations at any of our plants and future plans with respect to any such plants; |
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expectations that our credit facilities will be extended or renewed; |
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expectations concerning dividend payments; |
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projections of our results of operations or financial condition; |
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statements concerning our corporate and tax domiciles and potential changes to
them; |
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statements regarding our plans, objectives or goals, including those relating to
strategies, initiatives, competition, acquisitions, dispositions and our products; |
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statements about our future performance; and |
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statements about product or environmental liabilities. |
Words such as “believe,” “anticipate,” “plan,” “expect,” “intend,” “target,” “estimate,”
“project,” “predict,” “forecast,” “guideline,” “should,” “aim,” “will,” “continue” and
similar expressions are intended to identify forward-looking statements but are not the
exclusive means of identifying such statements. Readers are cautioned not to place undue
reliance on these forward-looking statements and all such forward-looking statements are
qualified in their entirety by reference to the following cautionary statements.
Forward-looking statements are based on our estimates and assumptions and because
forward-looking statements address future events and conditions, they, by their very nature,
involve inherent risks and uncertainties. Such known and unknown risks, uncertainties and
other factors may cause our actual results, performance or other achievements to differ
materially from the anticipated results, performance or achievements expressed, projected or
implied be these forward-looking statements. We caution you that a number of important
factors could cause actual results to differ materially from the plans, objectives,
expectations, estimates and intentions expressed in such forward-looking statements. These
factors, some of which are discussed under “Key Information — Risk Factors” beginning on
page 6 of our Form 20-F filed on 8 July 2008 with the Securities and Exchange Commission,
include, but are not limited to: all matters relating to or arising out of the prior
manufacture of products that contained asbestos by current and former James Hardie
subsidiaries; required contributions to the AICF and the effect of foreign exchange rates on
the amount recorded in our financial statements as an asbestos liability; compliance with
and changes in tax laws and treatments; competition and product pricing in the markets in
which we operate; the consequences of product failures or defects; exposure to
environmental, asbestos or other legal proceedings; general economic and market conditions;
the supply and cost of raw materials; the success of our research and development efforts;
the concentration of James Hardie’s customer base on large format retail customers,
distributors and dealers; compliance with and changes in environmental and health and safety
laws; risks of conducting business internationally; compliance with and changes in laws and
regulations; foreign exchange risks; the effect of natural disasters; changes in our key
management personnel; and all other risks identified in our reports filed or furnished with
Australian, Dutch and US securities agencies and exchanges (as appropriate). We caution you
that the foregoing list of factors is not exclusive and that other risks and uncertainties
may cause actual results to differ materially from those in forward-looking statements.
Forward-looking statements speak only as of the date they are made and are statements of our
current expectations concerning future results and events.
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