--- title: "The Australian class action" language: en canonical: https://dossiertwist.com/dossiers/exactech/australia/ as_of: 2026-10-16 keywords: ["Exactech","TPG","Osteon Holdings","TPG VII Osteon Holdings","Advita Ortho","Exactech Settlement Trust","polyethylene recall","Connexion GXL","Optetrak","Truliant","Equinoxe","vacuum bag packaging","EVOH","MDL No. 3044","Hospital for Special Surgery","Chapter 11","False Claims Act","Strategic Value Partners","William Petty","Jeffrey Binder"] --- # The Australian class action **Question.** What happened to the Australian class action over Exactech’s implants? **Answer.** A class action filed in the Federal Court of Australia in September 2024 on behalf of people implanted with affected Exactech devices sued Exactech Australia as importer and distributor and Exactech Inc as designer and manufacturer. It was stayed against Exactech Inc after the Chapter 11 case was recognised in Australia, and was settled without admission of liability for about A$8.7 million, approved on November 13, 2025. ## The claim - Analysis: Harrold v Exactech Australia Pty Ltd (NSD 1224 of 2024) was filed in the Federal Court of Australia on September 5, 2024 against Exactech Australia Pty Ltd (ACN 146 150 754) as first respondent and Exactech Inc as second respondent, on behalf of people implanted in Australia with affected devices from January 1, 2003. The court described Exactech Australia as the subsidiary that imported, advertised, distributed and sponsored the devices and the U.S. parent as responsible for their design, manufacture, packaging and export. The court-approved notice lists the devices as class III entries on the Australian Register of Therapeutic Goods, including Novation, AcuMatch, Optetrak and Optetrak Logic inserts and Equinoxe humeral liners and glenoids, several removed from the register on December 24, 2024. The Exactech respondents denied liability. [src-055] [src-057] - Documented: A class action, Harrold v Exactech Australia Pty Ltd (NSD 1224 of 2024), was filed in the Federal Court of Australia on September 5, 2024 against Exactech Australia Pty Ltd (ACN 146 150 754) as first respondent and Exactech Inc as second respondent, on behalf of people implanted in Australia with affected devices from January 1, 2003. The court described Exactech Australia as the subsidiary responsible for importing, advertising, distributing and sponsoring the devices, and Exactech US as the parent responsible for their design, manufacture, packaging and export. [src-055] [src-057] - Response: The Exactech respondents deny liability for these claims, according to the court-approved notice. - Outcome: The parties settled without admission of liability for about A$8.7 million; the Federal Court approved the settlement on November 13, 2025 and otherwise dismissed the proceeding. ## The bankruptcy and the settlement - Analysis: On December 23, 2024 the proceeding was stayed against Exactech Inc after its Chapter 11 case was recognised as a foreign proceeding; recognition orders of February 6, 2025 stayed proceedings against the U.S. company without the consent of Jesse York, its foreign representative, or the court's leave. The restructuring support agreement required the debtors to open talks with a proposed voluntary administrator of Exactech Australia within 35 days of the petition and to support an Australian restructuring, and Exactech Australia risked being placed into voluntary administration if no settlement was reached in time. [src-057] [src-055] [src-003] - Analysis: The parties agreed, without admission of liability, to settle for about A$8,700,000, funded by Exactech Australia, an outside financier and the respondents' insurers, and on September 15, 2025 the U.S. bankruptcy court authorised Exactech Inc to give effect to the settlement deed. Justice Jackman approved the settlement on November 13, 2025 in Harrold v Exactech Australia Pty Ltd (No 2) [2025] FCA 1412, with deductions for costs, a payment to the applicant and administration before distribution, and otherwise dismissed the proceeding without costs orders. [src-057] [src-055] ## Sources - [src-055] Court record source · src-055 - [src-057] Harrold v Exactech Australia Pty Ltd (No 2) [2025] FCA 1412, Federal Court of Australia, 2025-11-13 - [src-003] Court record source · src-003