On 31 May 2018, Phi Finney McDonald filed Impiombato v BHP Billiton Limited (Impiombato Proceeding) in the Federal Court of Australia. On 19 July 2019, the Federal Court of Australia consolidated the Impiombato Proceeding with another proceeding. The consolidated proceeding is known as Vince Impiombato and Klemweb Nominees Pty Ltd as trustee for Klemweb Superannuation Fund v BHP Group Ltd (Consolidated Proceeding).

Settlement Approval

On 5 December 2025, the Federal Court of Australia approved the settlement of the BHP Class Action for the sum of AUD$110 million. The settlement is without admission of liability by BHP Group Limited. In approving the settlement, the Court determined that the settlement is fair and reasonable and in the interests of all group members.

The Court also appointed Phi Finney McDonald and Maurice Blackburn as Scheme Administrator to administer the settlement in accordance with the court approved settlement distribution scheme.

Important information regarding the Settlement

Only group members who registered by the Class Deadline of 4:00 pm (AEDT) on 31 May 2024, or who were otherwise deemed to be Registered Group Members by order of the court are eligible to share in the settlement. The Scheme Administrator does not have a discretion to allow any further registrations in the BHP Class Action.

You are a Registered Group Member if:

• you entered into a litigation funding agreement with G&E KTMC before 4.00pm (AEDT) on 31 May 2024;
• you entered into a retainer and costs agreement with Maurice Blackburn before 4.00pm (AEDT) on 31 May 2024;
• you submitted your claim registration before 4.00pm (AEDT) on 31 May 2024 through the online portal accessible through the webpage https://www.bhpclassaction.com; or
• your claim registration was submitted after 4.00pm (AEDT) on 31 May 2024, but by orders of the Court dated 11 July 2025 or 31 October 2025 or 5 December 2025 you have been deemed to be a Registered Group Member.

If you are a Registered Group Member, Phi Finney McDonald or Maurice Blackburn will be in touch regarding next steps in due course. No action is required by Registered Group Members at this stage.

Registered Group Members can expect to receive a Final Assessment Notice outlining their compensation entitlement in March 2026 together with an invitation to a secure portal which will outline the steps for receiving that compensation.

Payments are presently anticipated to be made to eligible Registered Group Members from mid-2026. This is an estimate only and distribution to Registered Group Members may take more time.

Answers to frequently asked questions about the settlement of the BHP Class Action are available in the ‘Key documents’ section below.

Key Documents

Further information about the BHP Class Action and the Court ordered opt out and registration process is available by clicking on the links below – 

1. Orders made on 5 December 2025
2. Reasons for judgment of Justice Moshinsky
3. Answers to Frequently Asked Questions for Group Members
4. Notice of Proposed Settlement
5. Orders made on 31 October 2025
6. Third Further Amended Consolidated Statement of Claim, dated 25 March 2025
7. BHP’s Amended Defence dated 27 June 2025
8. Important Notice to Registered Group Members
9. Opt Out and Registration Notice
10. Orders made on 13 March 2024

About the class action

On 5 November 2015, the Fundão tailings dam at the Germano mine in Minas Gerais, Brazil collapsed in the largest tailings dam rupture ever recorded. The mudflow killed 19 people and has had a catastrophic and enduring impact on the surrounding communities and the environment.

The mudflow created by the dam rupture ultimately travelled 600 kilometres to the ocean, creating a toxic brown plume visible from space. 700 people lost their homes, 8,500 fishermen lost their livelihoods, and 400,000 people lost access to fresh water. It is the worst environmental disaster in Brazil’s history.

The Germano mine is operated by Samarco Mineração SA, a joint venture of BHP and Vale SA. BHP is an Anglo-Australian owned multinational and the world’s largest diversified mining and mineral resources company.

The BHP Class Action is an open class proceeding and sought recovery of investor losses incurred up to 30 November 2015 by BHP Ltd and BHP Plc shareholders because of BHP’s alleged failure to disclose material information to the market and its alleged misleading or deceptive conduct.

The BHP Class Action alleged that BHP Group Ltd:

(a) contravened its continuous disclosure obligations between 8 August 2012 and 9 November 2015 (inclusive) (Claim Period) by failing to properly inform the Australian Securities Exchange (ASX) of BHP’s knowledge of the Fundão dam (located in the Germano mine in Minas Gerais, Brazil, operated by Samarco Mineração SA, a non-operated joint venture between BHP Billiton Brasil Ltda and Vale SA in Brazil) being at risk of failure, and knowledge that if the dam failed serious adverse human, environmental, and financial consequences would likely result;

(b) engaged in misleading or deceptive conduct by representing to the ASX (by publishing in its annual reports between FY11 – FY15) that:

(i) the primary consideration in every aspect of BHP’s business was the safety of its people and the safety and sustainability of the environment and the communities in which it, and its subsidiaries, carried on business; and

(ii) BHP had effective systems and processes in place to identify and effectively manage risks to the safety of its people and the safety and sustainability of the environment and the communities in which it, and its subsidiaries, carried on business, including the Samarco mining operation.

The BHP Class Action alleges that investors who acquired BHP Ltd or BHP Plc shares in the Claim Period are entitled to compensation for loss and damage caused by or resulting from the conduct of BHP Ltd as alleged in the Third Further Amended Consolidated Statement of Claim dated 25 March 2025.

The allegations are denied by BHP Ltd. BHP Ltd defended the class action and the Proposed Settlement acknowledges that BHP Ltd makes no admission of liability or any other admissions beyond those specifically pleaded in the pleadings filed with the Court in the Proceeding.

Full details of the allegations made by the Joint Applicants and of BHP Ltd’s defence against those allegations are set out in the Third Further Amended Consolidated Statement of Claim and the Defence to the Third Further Amended Consolidated Statement of Claim, which can be found in the ‘Key documents’ section above.

The BHP Class Action was partially funded by G&E KTMC Funding LLC.

G&E KTMC Funding LLC is backed by Grant & Eisenhofer and Kessler Topaz Meltzer & Check, two of the United States’ most successful and respected shareholder litigation firms.