James Hardie (JHX) Shareholder Class Action
Echo Law has commenced a class action on behalf of shareholders against James Hardie Industries plc (ASX: JHX, NYSE: JHX) in relation to the Company’s announcement to the ASX on 8 November 2022 that it was downgrading its guidance range for FY23 Adjusted Net Income.
JHX’s share price declined by approximately 14% in response to the announcement.
Register for the James Hardie Class Action by clicking the button above. It does not cost any money to register, and you will never be 'out of pocket' as a result of participating in this class action.
Important Update – Registration Deadline
The Supreme Court of Victoria ordered that group members were to register by 4pm (AEDT) on 10 December 2025 (Registration Deadline). The Registration Deadline has now passed.
If you are a group member and you did not register prior to the Registration Deadline, you may be precluded from sharing in any settlement reached between the parties prior to the end of the first day of trial.
However, unregistered group members can still register their interest in the class action. If the class action does not settle before the end of the first day of trial, unregistered group members may be given an opportunity to share in the benefit of a future settlement. Registering now means we can notify you of any important updates about future participation. You can register here.
To clarify, registering now does not mean you will be eligible to receive any payment if there is a settlement before the end of the first day of trial (this is because the Registration Deadline has passed). If a settlement is reached, we will make the Court aware of any late registrations, and reasons provided for registering late, and the Court will ultimately determine your eligibility.
If you have already registered your interest in the class action, or you have previously opted out of the class action, there is nothing further you need to do.
More information can be found in the frequently asked questions below.
If you have a question that is not addressed in the FAQ’s below, you can contact Echo Law via email at enquiries@echolaw.com.au or by telephone on 1800 571 241 or +61 3 7046 3565.
Claim Period
The class action has been brought on behalf of persons that acquired (whether by themselves or through an agent or trustee) through any trading platform:
shares in James Hardie as listed on the Australian Stock Exchange (ASX);
American Depositary Receipts in James Hardie as listed on the New York Stock Exchange ; or
long exposure to James Hardie shares by entering into equity swap confirmations in respect of James Hardie shares,
between 7 February 2022 and 7 November 2022 (inclusive).
Allegations
On 7 February 2022, James Hardie provided guidance to the market for FY23 Adjusted Net Income (ANI) of $740m - $820m. On 16 August 2022 this was revised downward to $730m - $780m, which nonetheless amounted to growth on FY22 of 18% to 26%.
On 8 November 2022 the Company disclosed that it expected FY23 ANI to be in the range of $650m - $710m, causing the share price to decline by $4.58 or ~14%.
The proceeding alleges that, between 7 February 2022 and 7 November 2022, JHX engaged in misleading or deceptive conduct, made misleading statements, and breached its obligations of continuous disclosure to the market in relation to the representations made about its expected growth, and information withheld about its likely FY23 performance.
Opt Out
The Supreme Court of Victoria ordered that group members in the James Hardie class action were to opt out of the proceeding by 4pm on 26 July 2024. The deadline to opt out has now passed.
More information on opt out can be found in the frequently asked questions below.
Participation
If you purchased JHX Shares or ADRs between 7 February 2022 and 7 November 2022 (inclusive), you may be a group member in the class action.
The Supreme Court of Victoria ordered that group members were to register by 4pm (AEDT) on 10 December 2025 (Registration Deadline). The Registration Deadline has now passed.
If you have already registered your interest in the class action, or you have previously opted out of the class action, there is nothing further you need to do at this stage.
If you did not register before 4pm (AEDT) on 10 December 2025, then you may be precluded from sharing in any settlement reached between the parties up until the end of the first day of trial.
Unregistered group members can still register their interest in the class action. Registering now means we can notify you of important updates about future participation. However, because the Registration Deadline has now passed, registering now by the link below does not guarantee you will receive any payment if there is a settlement between the parties before the end of the first day of trial.
Group Costs Order
On 11 April 2024, the Supreme Court of Victoria made a Group Costs Order (GCO) in the James Hardie class action at a rate of 27.5% (including GST).
This means that if the class action is successful, group members will receive at least 72.5% of any overall settlement sum or award of damages. Echo Law, the solicitors acting for the Plaintiff, will receive payment for its legal 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 incurred by Echo Law will be deducted from the total sum before the compensation is distributed to individual group members.
In the event the class action is unsuccessful, group members will not be liable for any costs in the proceeding. Pursuant to the GCO, Echo Law is responsible for paying any costs order made against the Plaintiff and group members in the proceeding, and providing any security the Court may order for James Hardie’s costs in the class action.
Group members will never have to pay any costs from their own pocket to participate in this class action – regardless of whether the class action is successful or unsuccessful.
Frequently Asked Questions
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You may be a group member if, during the period between 7 February 2022 and 7 November 2022 (inclusive), you acquired (whether by yourself or through an agent or trustee) through any trading platform:
(a) shares in James Hardie as listed on the Australian Stock Exchange;
(b) American Depositary Receipts in James Hardie as listed 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.
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The Supreme Court of Victoria ordered group members were to register their interest in the James Hardie Shareholder Class Action by 4pm (AEDT) on 10 December 2025 (Registration Deadline). The Registration Deadline has now passed.
Group members who registered their claims before 4pm (AEDT) 10 December 2025 will remain eligible to share in any settlement reached before the end of the first day of trial.
If you have already registered your interest in the class action, or you have previously opted out of the class action, there is nothing further you need to do at this stage.
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If you did not register your interest in the proceeding by 4:00pm (AEDT) on 10 December 2025 you may not be eligible to receive any monetary compensation arising from any settlement reached between the parties prior to the end of the first day of trial.
You are considered an unregistered group member and you will be bound by any resolution of the class action which means you will not be permitted to bring any future claim related to the subject matter of the James Hardie Shareholder Class Action.
Unregistered group members can still register their interest in the class action. If the class action does not settle before the end of the first day of trial, unregistered group members may be given an opportunity to participate in any future settlement of the class action. Registering now means we can notify you of important updates about future participation.
However, because the Registration Deadline has now passed, registering now does not mean you will be eligible to receive any payment if there is a settlement before the end of the first day of trial. If a settlement is reached, we will make the Court aware of any late registrations, and reasons provided for registering late, and the Court will ultimately determine your eligibility.
You can register here.
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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.
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’.
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.
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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).
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No. If you have already registered your claim with Echo Law then there is nothing further you need to do at this stage.
If you are unsure whether you have registered or provided complete details, please contact Echo Law via email at enquiries@echolaw.com.au or by telephone on 1800 571 241 or +61 3 7046 3565.
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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.
However, because the Registration Deadline has now passed, registering now does not mean you will be eligible to receive any payment if there is a settlement before the end of the first day of trial. If a settlement is reached, we will make the Court aware of any late registrations, and reasons provided for registering late, and the Court will ultimately determine your eligibility.
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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.
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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.
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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.
Enquiries
If you acquired JHX shares between 7 February 2022 and 7 November 2022 and wish to register for the class action, you can do so by clicking the ‘Register Now’ button above.
You can also contact Echo Law to discuss the class action by sending an email to enquiries@echolaw.com.au or calling Echo Law on (03) 7046 3565.