Snapshot: In 2015, two mining dams operated by Samarco Mineração SA, a joint venture of Vale and BHP, collapsed in Brazil. This led to multiple lawsuits being filed in Brazil, Australia, the US and the UK. Lawsuits incude allegations for negligence in operating the dam brought by shareholders and a claim for damages by the victims of the dam collapse and their families. This case profile looks at proceedings in Australia.

Proceedings in Australia

In May 2018, shareholders filed a lawsuit against BHP Billiton in Australia, alleging that the company misled them as it was aware of the safety risks prior to the disaster, but failed to take any action to prevent it.  

In December 2018, an Australian judge allowed the Phi Finney McDonald shareholder class action to proceed, and stayed rival lawsuits from Maurice Blackburn and Johnson Winter & Slattery.

Maurice Blackburn won its appeal in May 2019 against this decision that threw out its class action claim in favour of the one brought by Phi Finney McDonald (PFM), as the Full Court of the Federal Court found that Maurice Blackburn and PFM should find a way to work together.