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Sims Metal Class Action

Sims Class Action

This class action was commenced on 15 February 2019 pursuant to Part IVA of the Federal Court of Australia Act 1976 (Cth), by the representative applicant, Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund), on its own behalf and on behalf of persons who acquired shares in Sims Limited (formerly known as Sims Metal Management Limited) (Sims) from 21 August 2015 to 19 February 2016. On 13 August 2021, Carpenders Park Pty Ltd was substituted with the leave of the Court as the representative applicant by Peter Hermann Eckardt. 

On 15 July 2020, the group membership was expanded to include persons who acquired shares in Sims from 23 July 2014 to 19 February 2016 (Group Members).

Settlement Approved by the Federal Court of Australia

On 19 January 2023, the Court published orders made by His Honour Justice Wigney on 23 December 2022 approving the proposed settlement of this class action.  The orders approving the settlement, together with associated orders for confidentiality can be found  here.  The reasons for the judgment were published on 28 February 2023 and can be found here.

In accordance with the Court approved Settlement Distribution Scheme (Settlement Scheme) (a copy of which can be obtained by Group Members from our office on a confidential basis), only Registered Group Members are entitled to participate and receive monies from the Settlement Scheme.

Registered Group Members

A Registered Group Member is a person who:

  1. acquired an interest in ordinary shares in Sims during the period from 23 July 2014 to 19 February 2016 (Claim Period);  
  2. was not during the Claim Period, and is not, any of the following:
    1. a related party (as defined by s 228 of the Corporations Act 2001 (Cth) (Corporations Act)) of Sims;
    2. a related body corporate (as defined by s 50 of the Corporations Act) of Sims;
    3. an associated entity (as defined by s 50AAA of the Corporations Act) of Sims;
    4. a director, an officer, or a close associate (as defined by s 9 of the Corporations Act) of Sims; or
    5. a judge or the Chief Justice of the Federal Court of Australia or a Justice or the Chief Justice of the High Court of Australia;
  3. did not file an opt out notice with the Federal Court in accordance with previous orders of the Court; and
  4. previously took appropriate steps to register or has been deemed to have registered by order of the Court for participation in the now approved settlement. 

Next Steps

In accordance with the terms of the settlement as approved by the Court, William Roberts Lawyers as the Court-appointed Administrator will implement the Settlement Scheme in accordance with its terms. 

William Roberts Lawyers will directly communicate with Registered Group Members as required under the Settlement Scheme. 

If you are a Registered Group Member and have any queries, unless advised otherwise, we prefer if you would please, at first instance, contact The Advisory Company via email at, who has been engaged by William Roberts Lawyers to provide administration services for the Settlement Scheme.  Otherwise, if you have any queries for us, we can be contacted via email at: