2.2cent payment from bentleys re octaviar, page-3

I'd reckon we all hope that these returns are only divided between the unitholders who were in the fund at the time.
However the representation that WC put out on the NSX in May 2011 was that

''...The new units will rank equally in all respects with the Fund’s existing units....''

see http://www.nsxa.com.au/ftp/news/021723982.PDF

so I wonder what will happen now?
If ultimately we end up having to share these returns with the new units, and we are getting a return of capital (isn't that how the ATO is treating these returns?) then wouldn't we be incurring a capital loss on our capital return?