Claims

Justice Beach is overseeing both ASIC’s case (filed in June 2019) as well as the class action (filed in May 2017). Both proceedings relate to Murray Goulburn’s disclosures about farmgate milk prices in 2016.

ASIC’s case is Australian Securities And Investments Commission v Gary Helou & Anor.

Current Status
  • Mediation was unsuccessful in May 2019.
  • The parties in the class action are scheduled to enter a second round of mediation in November (Unregistered unitholders have until 9 September 2019 to register). If the case doesn’t settle then it will head to trial in February 2020.
  • Case Management hearing on 13 September 2019 for both proceedings.
Registry

Victorian Registry, Federal Court of Australia (VID508/2017).

Date of Filing

9 May 2017.

File Title

JOHN WILLIAM CRUSE WEBSTER AS TRUSTEE FOR THE ELCAR PTY LTD SUPER FUND TRUST v MURRAY GOULBURN CO-OPERATIVE CO LIMITED & ORS

Presiding Judge

Justice Beach.

Solicitors for Applicant

Elliott Legal.

Solicitors for Respondents

Solicitor for the Second Defendant: K&L Gates.

Solicitor for the First, Third and Fifth to Thirteenth Defendants: Herbert Smith Freehills.

Solicitor for the Fourth Defendant: Corrs Chambers Westgarth.

Funder

Singapore-based funder William Crothers.

Claim Overview

In summary, claims made in the Murray Goulburn Class Action on behalf of Group Members principally concern allegations that:

  • the MG Responsible Entity (MGRE), being the trustee and responsible entity for the MGUT, Murray Goulburn Co-operative Co. Ltd (MGC), and/or their respective directors as relevant did not comply with their respective obligations as concerned the publication of the Product Disclosure Statement on 29 May 2015, and in particular as concerned financial forecasts for the FY2015 and FY2016 financial years;
  • MGRE did not comply with the continuous disclosure obligations which applied to the MGUT after listing on 3 July 2015; and
  • MGRE breached its fiduciary duties arising as trustee of the MGUT which it owed to Group Members, and contravened duties to Group Members to which it was subject as a responsible entity pursuant to the Corporations Act 2001 (Cth).
Class Members

Shareholders who purchased units (units) in the MG Unit Trust (MGUT):

  • pursuant to the product disclosure statement (PDS) issued by the second defendant and dated 29 May 2015; and/or
  • on or after 3 July 2015 and prior to 2 May 2017.
Capacity to Join

Open. Unregistered unitholders have until 9 September 2019 to register.