Full Court Minute Books

Case M12/2022

BHP Group Limited v. Impiombato & Anor

Case No.


Case Information

Lower Court Judgment

03/06/2021 Federal Court of Australia (Middleton, McKerracher and Lee JJ)

[2021] FCAFC  93


Representative proceedings – Shareholder class action – Non-resident shareholders – Pt IVA of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – Presumption against extraterritoriality – Dual listed company structure – Where claims brought on behalf of non-resident shareholders of BHP Group Limited (Australian company) and BHP Group Plc (United Kingdom company) – Where claims brought in Federal Court of Australia under Pt IVA concerning representative proceedings – Whether Pt IVA of FCA Act applies to claims brought on behalf of non-resident group members – Whether presumption against extraterritorial operation of legislation applies to Pt IVA of FCA Act – Whether Part IVA of FCA Act confers on Federal Court jurisdiction or power to determine claims of group members outside territory.


18/02/2022 Hearing (SLA, Canberra)

04/03/2022 Notice of appeal

08/04/2022 Written submissions (Appellant)

08/04/2022 Chronology (Appellant)

06/05/2022 Written submissions (Respondents)

27/05/2022 Reply

09/08/2022 Hearing (Full Court, Canberra)

09/08/2022 Outline of oral argument (Appellant)

09/08/2022 Outline of oral argument (Respondents)

12/10/2022 Judgment (Judgment summary)