If you received an Opt Out Notice, you may be a Group Member in the James Hardie class action.

You may be a Group Member if, during the period between 7 February 2022 and 7 November 2022 (inclusive), you acquired:

(a) shares in James Hardie on the Australian Stock Exchange;

(b) American Depositary Receipts in James Hardie traded on the New York Stock Exchange; or

(c) long exposure to James Hardie shares by entering into equity swap confirmations in respect of James Hardie shares.

Group Members are alleged to have suffered loss and damage as a consequence of the case pleaded against James Hardie. If you are unsure about whether you are a Group Member, please contact Echo Law via email at enquiries@echolaw.com.au or by telephone on 1800 571 241 or +61 3 7046 3565.

The James Hardie class action is being run on an open class basis. This means that anyone who meets the eligibility criteria (known as a Group Member), is automatically included in the class action, regardless of whether they knew about the claim beforehand.

The Representative Plaintiff in a class action does not need to seek the consent of Group Members to commence a class action on their behalf. However, Group Members have the right to cease being a Group Member by ‘opting out’ of a class action (if they wish to do so). This process is facilitated by the Court and is called the ‘Opt Out Process’.

Under the Opt Out Process, Group Members receive an ‘Opt Out Notice’ from the Court, alerting them to the class action. The Opt Out Notice explains that the person receiving the notice is likely to be a Group Member in a class action and informs the person of their rights in relation to opt out.

The Supreme Court of Victoria ordered that group members in the James Hardie class action were to opt out by 4pm 26 July 2024. The deadline to opt out of the proceeding has now passed.

The Supreme Court of Victoria ordered that group members in the James Hardie class action were to opt out by 4pm 26 July 2024. The deadline to opt out of the proceeding has now passed.

If you opted out, you are no longer a Group Member in the James Hardie class action.

If you did not opt out, and you have not yet registered, you are considered an unregistered group member. You can register on our website here.

If you register your interest in the class action, you will remain eligible to receive any compensation or benefit in the event of a successful outcome.

You can register on our website here.

It does not cost anything to register, and you will never have to pay any costs out of your own pocket – regardless of whether the class action is successful or unsuccessful.

While it is not compulsory to register at this stage, we are encouraging everyone who may be a Group Member to register now. There are several reasons why you should consider registering now.

Firstly, it allows us to confirm you are a group member, to provide you with updates in relation to the class action, and to contact you if you become eligible to receive compensation.

Secondly, at some point in the future it is likely 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 finds in favour of the Plaintiff and group members. Registering now avoids missing any future deadlines for registration.

You can register on our website here.

In order to register, Group Members will be asked to provide:

a) their name and contact details;

b) details of the owner of the securities (if the owner is different to the name of the person registering, for example you bought shares on behalf of another person or on behalf of a self-managed superannuation fund); and

c) information about all shares they acquired and disposed of in James Hardie between 7 February 2022 and 7 November 2022 (inclusive).

Yes. If you acquired James Hardie securities between 7 February 2022 and 7 November 2022 (inclusive) you can register for the James Hardie Class Action even if you no longer hold those securities.

The deadline to opt out has now passed.

At some point in the future, you will have a further opportunity 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. If you do not register at that time, you will be bound by the outcome of the class action and you may not be entitled to any share of compensation.

Group Members will never have to pay any costs out of their own pocket to participate in this class action – regardless of whether the class action is successful or unsuccessful.

The upfront costs of the class action are being paid in the first instance by litigation funder CASL Funder Pty Ltd (CASL) pursuant to an agreement it has with Echo Law.

If the class action is successful, then legal costs payable to Echo Law (and CASL) will be deducted from the amount of compensation recovered before it is distributed to individual group members.

A Group Costs Order (GCO) was made in this proceeding on 11 April 2024, at a rate of 27.5% (including GST). This means that if the class action is successful, Echo Law will receive payment for its fees and expenses calculated at 27.5% (including GST) of any settlement sum or award of damages. Echo Law will then pay a portion of this fee to CASL – there is no additional funding fee.

The Court has the power to adjust this percentage upon any settlement or award of damages. This means that if the class action is successful, group members will receive at least 72.5% of any overall settlement or judgement sum.

To enable Echo Law to provide its legal services and pay for any expenses over the course of the James Hardie Group Proceeding, Echo Law has an agreement in place with a litigation funder, CASL Funder Pty Ltd (CASL). Under the agreement, CASL does not seek to create a funding relationship directly with the Representative Plaintiff or Group Members or impose any separate litigation funding charge.

CASL is paid for its funding of the James Hardie Class Action by Echo Law from any GCO fee.

CASL is made up of one of the most experienced litigation finance teams in Australia. You can read more about CASL here.

A Group Costs Order (GCO) is an order that can be made by the Supreme Court of Victoria, which means that the legal costs payable to the law practice representing the group members be calculated as a percentage of any award or settlement that may be recovered in the proceeding. A GCO involves a single costs deduction from the total amount of compensation recovered.

On 11 April 2024, a GCO was made in the James Hardie Class Action at a rate of 27.5% (including GST). This means that if the class action is successful, Echo Law will receive payment for its fees and expenses calculated at no more than 27.5% (including GST) of any settlement sum or award of damages. The payment of legal costs will be deducted from the total sum before the compensation is distributed to individual group members.

If the class action is successful, Group Members in the James Hardie Class action will receive at least 72.5% of any overall settlement sum or award of damages. The Court retains the power to adjust the GCO rate at any time over the course of the proceedings, including following a successful outcome, to ensure that the legal costs deducted from the compensation are fair and reasonable.