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This is a group proceeding (class action) brought on behalf of persons who acquired an interest in James Hardie Industries PLC (James Hardie) shares on the Australian Securities Exchange (ASX) or New York Stock Exchange (NYSE), or entered into equity swap confirmations in respect of James Hardie shares, during the period from 7 February 2022 to 7 November 2022 (inclusive).

The proceeding alleges that James Hardie engaged in misleading conduct, made misleading statements, and failed to comply with its continuous disclosure obligations to the market in relation to the representations made about its expected growth, and information withheld about its likely FY23 performance. The claim alleges that as a result of the conduct, the plaintiff and group members paid more for shares in James Hardie between 7 February 2022 and 7 November 2022. 

If you have received an email or letter with details on how to register or opt out of this group proceeding, you have been identified as a potential group member. 

IMPORTANT INFORMATION ABOUT REGISTRATION AND OPTING OUT 

If you are, or you think that you may be a group member, you should read the documents below carefully. 

The Notice (a copy of which is below) contains important information about your rights to: 

(1) register your claim in the proceeding; or 
(2) opt out of the proceeding.

In summary, if you fall within the definition of a group member, you have three options:

  • If you want to be eligible to participate in any compensation recovered in the class action, you must register your claim in accordance with the Notice by 4:00pm (AEST) on 26 July 2024.
    To register, you must either:
    • complete the online registration form with Echo Law; or
    • complete the registration form in Schedule A of the Notice and submit by email or post to the address for Echo Law stated on the form. 
      For further information on how to register, please refer to Option 1 on page 5 and 6 of the Notice below.
       
  • If you do not want your rights determined by the class action you must opt out by 4:00pm (AEST) on 26 July 2024.
    To opt out, you must either:
    • complete the online opt out notice; or
    • complete the opt out notice in Schedule B of the Notice and return via email or post to the address on the notice for the Registry of the Supreme Court of Victoria. 
      For further information about opting out, please refer to Option 2 on pages 6 and 7 of the Notice below.
       
  • If you do nothing, you will remain as an unregistered group member in the class action. However at some point in the future it is likely that you will have to register your interest to receive money in any settlement that may be reached, or if the class action goes to trial and the Court decides in favour of the Group Members.

The definition of a “group member” is set out in the Notice.

Notice to Group Members – Registration and Opt Out
Orders of M Osborne J (6 May 2024) – Registration and Opt Out
Further Orders of M Osborne J (21 May 2024)

Registration documents
Registration Form (online) for you to submit via Echo Law's website; or
Registration Form (PDF) download, complete and submit by email or post to Echo Law

Opt Out documents
Opt Out Notice (online) for you to submit via this link; or
Opt Out Notice (PDF) download, complete and submit by email or post to the Supreme Court of Victoria

Group Costs Order made by the Honourable Justice Osborne dated 11 April 2024 in the James Hardie Shareholder Group Proceeding (Class Action)

Publisher
Supreme Court of Victoria
Date of publication

Defence filed on 10 November 2023 in the James Hardie Shareholder Group Proceeding (Class Action)

Publisher
Supreme Court of Victoria
Date of publication

Summary Statement and Funding Information Statement filed on 8 May 2023 in the James Hardie Shareholder Group Proceeding (Class Action)

Publisher
Supreme Court of Victoria
Date of publication

Writ and Statement of Claim filed on 8 May 2023 in the James Hardie Shareholder Group Proceeding (Class Action)

Publisher
Supreme Court of Victoria
Date of publication