BHP Group Ltd v Impiombato

The High Court of Australia considered an appeal by BHP Group Ltd concerning the interpretation of Part IVA of the *Federal Court of Australia Act 1976* (Cth), which governs representative proceedings (class actions). The dispute arose from a class action brought against BHP on behalf of individuals who acquired shares in BHP or its related entity, BHP Billiton Plc, and allegedly suffered loss due to non-disclosure of risks associated with the Fundão Dam in Brazil, which subsequently failed. The core issue was whether Part IVA permitted claims to be brought on behalf of group members who were not resident in Australia.

The legal issue before the Court was whether Part IVA of the *Federal Court of Australia Act 1976* (Cth) allowed for representative proceedings to include group members who were not residents of Australia. This required the Court to determine the territorial scope of Part IVA, particularly in light of the common law and statutory presumptions against extraterritorial operation of legislation.

The Court reasoned that the proper construction of Part IVA, having regard to its text, context, and purpose, indicated that it encompassed all persons with the relevant "claims," irrespective of their residency. The Court found that Part IVA's territorial connection was directly to the jurisdiction of the Federal Court and that no further territorial limits needed to be inferred. The Court applied principles of statutory interpretation, noting that the presumption against extraterritoriality may have limited application depending on the specific statute and its subject matter.

The appeal was dismissed with costs.