Change of Solicitor – FAQs

The Toyota class action is brought by Kenneth John Williams and Direct Claims Services Qld Pty Limited (the Applicants) on their own behalf and on behalf of other persons who also own or have owned certain Toyota vehicles in the Hilux, Prado and Fortuna ranges fitted with a 1GD-FTV engine or 2GD-FTV engine (known as “group members”).

A company called Balance Legal Capital (Balance) is currently funding the case and paying all legal costs (and has done so since prior to the commencement of the class action).

Since the commencement of the class action, Bannister Law Class Actions and Gilbert + Tobin have been acting for the Applicants under a co-counsel arrangement.

Bannister Law Class Actions is no longer acting for the Applicants.  Gilbert + Tobin is now the only law firm acting for the Applicants.

The purpose of this page is to provide information about this change and what this means for you.

1. What has changed?

The Applicants have terminated their retainer with Bannister Law Class Actions and appointed Gilbert + Tobin to act directly for them in the Toyota class action.  This means:

  • Bannister Law Class Actions has ceased to be the solicitors on the record for the Applicants in the Toyota class action and will no longer be involved in the conduct of the case.
  • Gilbert + Tobin is now the solicitors on the record in the Toyota class action and is solely responsible for conducting the case on behalf of the Applicants and group members.

There has been no change in the funding of the class action, with Balance continuing to fund the case.

2. Is the Toyota class action still going ahead?

Yes.

The change of solicitors does not impact the continuation or progress of the Toyota class action.

The class action is listed for an initial trial commencing on 29 November 2021 and is scheduled to run for four weeks.

3. Does the change of solicitors affect my entitlement to compensation?

No.

The change of solicitors will not impact the entitlements of group members to compensation if Toyota is ordered to pay group members monetary compensation.

5. What will happen to my retainer with Bannister Law Class Actions?

As Bannister Law Class Actions is no longer the solicitors on record in the Toyota class action, the retainer agreements signed by Represented Group Members with Bannister Law Class Actions will be terminated and cease to have effect.

Represented Group Members will receive a notice from Bannister Law Class Actions stating that their retainer agreement has been terminated (Termination Notice).  You do not need to do anything in response to the Termination Notice.

Termination of the Bannister Retainer does not impact a Represented Group Member’s status as a group member, their entitlement to compensation if money compensation is recovered from Toyota or the progress of the Toyota Class Action on their behalf.

6. I have already signed up as a Represented Group Member. Will I need to sign any new agreements?

No.

Represented Group Members who have signed a retainer agreement with Bannister Law Class Actions will receive a notification indicating that their retainer agreement has been terminated and no longer has effect.

Represented Group Members do not need to sign a retainer agreement with Gilbert + Tobin or a new funding agreement with Balance.

The funding agreement with Balance signed by Represented Group Members continues to operate unchanged.  Balance has amended some of the terms of the existing funding agreements to replace references to Bannister Law Class Actions with Gilbert + Tobin.  However, this will not impact the continued funding provided by Balance or prejudice the rights of group members who have signed funding agreements.

7. Does the change of solicitors mean I have to start paying legal costs to participate in the class action?

No.

Group members are not, and will not be, responsible for any “out of pocket” legal costs by remaining as group members in this class action (whether or not they sign a funding agreement with Balance).

Balance is still funding the Toyota class action on behalf of the Applicants and group members and paying all legal costs.  The change of solicitors and the termination of the retainer with Bannister Law Class Actions will not impact the continuing funding provided by Balance.

8. Should I otherwise be concerned about the change of solicitors?

No.

Gilbert + Tobin has been assisting Bannister Law Class Actions under a co-counsel arrangement since the commencement of the Toyota class action and has been closely involved in all aspects of the case.

As such, the change of solicitors will not result in any change to the way the class action will be run and handled, or to the compensation you may receive.

9. Who is the right person for me to contact?

Gilbert + Tobin should be contacted on 1300 487 602 or info@toyotaclassaction.com.au if you require any information about the Toyota class action.

You should no longer contact Bannister Law Class Actions if you require any information about the Toyota class action.

Funded by

Balance Legal Capital

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Prosecuted by

Gilbert + Tobin

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