High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

BHP Group Limited v. Impiombato & Anor

Case No. M12/2022
Case information

Lower Court Judgment

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

[2021] FCAFC  93

Catchwords

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.

Documents

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)