BHP Group Limited v Impiombato [2022] HCA 33

BHP Group Limited v Impiombato [2022] HCA 33

Part IVA of the Federal Court of Australia Act 1976 (Cth) permits representative proceedings on behalf of group members regardless of their residence; the presumption against extraterritoriality does not require restriction of group membership to Australian residents, given the procedural nature of Pt IVA, its textual scope, and its connection to the jurisdiction of the Federal Court. Binding effect under s 33ZB is as a matter of Australian law. The appeal is dismissed.

Parties
Appellant: BHP Group Limited; Respondents: Vince Impiombato & Anor
Jurisdiction
Australia
Judgment Date
12 October 2022
Procedural Posture
Appeal / Final Judgment by High Court; Appeal From Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Territorial Operation, Representative Proceedings, Class Actions, Jurisdiction
Statutory Interpretation Federal Procedure Territorial Operation Representative Proceedings Class Actions Jurisdiction

Case Brief

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Parties

BHP Group Limited

Appellant

Vince Impiombato & Anor

Respondents

Procedural Posture

Appeal / Final Judgment by High Court; Appeal From Federal Court of Australia

Legal Issues

  1. 1 Whether Part IVA of the Federal Court of Australia Act 1976 (Cth) permits representative proceedings on behalf of group members not resident in Australia
  2. 2 Whether the presumption against extraterritoriality limits the class of group members to residents
  3. 3 Whether judgment under s 33ZB binds non-resident group members

Ratio Decidendi

Part IVA of the Federal Court of Australia Act 1976 (Cth) permits representative proceedings on behalf of group members regardless of their residence; the presumption against extraterritoriality does not require restriction of group membership to Australian residents, given the procedural nature of Pt IVA, its textual scope, and its connection to the jurisdiction of the Federal Court. Binding effect under s 33ZB is as a matter of Australian law. The appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.