Asia-Pacific Litigation Update - January 2024

Foreign Residents Can Participate as Group Members in Australian Class Actions

In BHP Group Ltd v Impiombato & Anor  [2022] HCA 33, the Australian High Court unanimously held that foreign residents can participate as group members in Australian Class Actions. Class actions (referred to as “representative proceedings”) can be commenced in Australia when the following criteria (set out in Part IVA of the Federal Court Act 1967 (Cth) (the “Act”)) are met:

1. at least seven people must have claims against the same person;
2. the claims must arise out of the same, similar or related circumstances; and
3. the claims must give rise to substantial common issues of law or fact.

If these criteria are met, a proceeding may be commenced by one or more of those persons as representing some or all of those with a similar claim (being, “group members”).