A class action is a legal proceeding where seven or more people have claims against the same individual or corporation in respect of, or arising out of similar circumstances, such that their claims give rise to a substantial common issue of law or fact. Where these criteria are met (as in the Toyota class action), class action proceedings can be commenced by one or more of those people on behalf of some or all of them.

The class action process is intended to save time and expense and avoids the need for the court to determine common issues of fact or law more than once. It enables disputes and claims involving large numbers of people to be resolved via a single case.

The Toyota class action claimed compensation (that is, money) for defects in Toyota Hilux, Fortuner and Prado vehicles with a 1GD-FTV or 2GD-FTV diesel engine acquired between 1 October 2015 and 23 April 2020 in Australia (Relevant Vehicles).

On 16 May 2022, the Court delivered judgment in favour of the applicants and group members.  Copies of the judgment orders made on 16 May 2022 and the Court’s reasons for judgment (which sets out the Court’s findings on liability and the applicants’ and group members’ entitlement to receive compensation (money) from Toyota, and which was published on 7 April 2022) can be accessed through the embedded links above.

The Court found that:

• the Relevant Vehicles were not of acceptable quality because of their defective DPF systems;
• Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the Relevant Vehicles;
• the value of the Relevant Vehicles at the time of initial supply was reduced because of their defective DPF systems;
• the amount of the reduction in value was 17.5% (measured against Average Retail Price); and
• eligible group members are entitled to be paid money to compensate them for this reduction in value and for the excess GST they paid as a result of acquiring their vehicles at prices which were higher than the true value of those vehicles.

The representative applicant was awarded $7,474.59 for the reduction in value of its Toyota Prado and a further $747.46 for the excess GST it paid to acquire the vehicle.

The representative applicant was also awarded $246.60 for excess stamp duty paid in connection with acquiring its Toyota Prado, $1,650.32 for excess financing costs paid in connection with acquiring its Toyota Prado, $4,725 for income lost due to having its Toyota Prado serviced for issues associated with the DPF system and $3,559.79 in interest on the above amounts.

In total, the representative applicant was awarded $18,401.76 in damages.

If you think you are a group member and have not already done so, please register your interest to receive any money to which you may be entitled under the Court’s judgment here.

It is in group members’ interests to register.  If group members do not register, they will not be able to receive any money to which they may otherwise be entitled under the judgment.

On 16 May 2022, the Court delivered judgment in favour of the applicants and group members.  Copies of the judgment orders made on 16 May 2022 and the Court’s reasons for judgment (which sets out the Court’s findings on liability and the applicants’ and group members’ entitlement to receive money (damages) from Toyota, and which was published on 7 April 2022) can be accessed through the embedded links above.

On 16 May 2022, the Court also made orders regarding the next steps in the proceeding.  These steps include:

• group members being sent a notice in June 2022 which will explain how they can register their interest to receive any money to which they are entitled under the judgment;
• group members registering their interest to receive any money to which they are entitled under the judgment;
• determining the process by which money will be distributed to those group members entitled to receive it under the judgment (a process known as a “distribution scheme”); and
• determining the manner in which the remaining issues in dispute between the parties will be resolved (something which is to be considered by the Court at a case management hearing on 21 July 2022).

If you think you are a group member and have not already done so, please register your interest to receive any money to which you may be entitled under the Court’s judgment here.

It is in group members’ interests to register.  If group members do not register, they will not be able to receive any money to which they may otherwise be entitled under the judgment.

This class action relates to any model of Toyota motor vehicle in the Hilux, Prado and Fortuner ranges fitted with a 1GD-FTV or 2GD-FTV diesel engine which was acquired between 1 October 2015 and 23 April 2020, in Australia (Relevant Vehicle).

An inclusive but non-exhaustive list of Relevant Vehicles can be found here.

If you can’t find your vehicle on this list or if you are unsure whether your vehicle is one of the Relevant Vehicles in the class action, you can register your interest to receive any money to which you may be entitled under the Court’s judgment here and by providing the vehicle identification number (or VIN) for your vehicle we will be able to confirm whether your vehicle is one of the Relevant Vehicles in the class action.

Group members are people who meet certain criteria. You are likely to be a group member in the class action if:

• you acquired a Toyota Hilux, Fortuner or Prado with a 1GD-FTV or 2GD-FTV diesel engine between 1 October 2015 and 23 April 2020;
• you did not acquire the vehicle in an auction;
• you did not acquire the vehicle for the purpose of re-supply; and
• you acquired the vehicle from a Toyota dealership or other retailer (including Toyota Motor Corporation Australia itself), including second-hand through used car dealers, or from any person who directly acquired the vehicle from a Toyota dealership or retailer.

If you meet the group member criteria, then you are a group member automatically and do not need to take any further steps to become one. Group members will be bound by the outcome of the class action unless they previously took steps to “opt out”.

Pursuant to a judgment delivered by the Court on 16 May 2022, eligible group members are now entitled to be paid compensation (money).

If you think you are a group member and have not already done so, please register your interest to receive any money to which you may be entitled under the Court’s judgment here.

It is in group members’ interests to register.  If group members do not register, they will not be able to receive any money to which they may otherwise be entitled under the judgment.

No.

Anyone who satisfies the relevant criteria and who has not already opted out of the class action is automatically a group member.

However, to receive any money to which you are entitled under the judgment, you need to register your interest in doing so here.

It is in group members’ interests to register.  If group members do not register, they will not be able to receive any money to which they may otherwise be entitled under the judgment.

You are entitled to receive money under the judgment if you:

• are a group member in the proceeding;
• acquired your Relevant Vehicle new;
• did not sell your Relevant Vehicle during the Relevant Period (between 1 October 2015 and 23 April 2020); and
• have not already been paid a refund by Toyota in respect of your Relevant Vehicle or had your Relevant Vehicle replaced by Toyota in the manner explained further below.

To receive any money to which you are entitled under the judgment you must register your interest here. 

It is in group members’ interests to register.  If group members do not register, they will not be able to receive any money to which they may otherwise be entitled under the judgment.

The amount of money to which you may be entitled under the judgment will also depend on whether Toyota’s “2020 Field Fix” (a specific countermeasure introduced by Toyota from May 2020) has been applied to your Relevant Vehicle.

The 2020 Field Fix has not been applied to your Relevant Vehicle.

If you are eligible to receive money under the judgment and the 2020 Field Fix has not been applied to your Relevant Vehicle, you will be entitled to receive:

• an amount of money equal to 17.5% of the Average Retail Price of your Relevant Vehicle at the time of initial supply, less any amount by which the Average Retail Price of your vehicle exceeds the price you paid to acquire the vehicle (Reduction in Value Damages);
• an additional amount of money equal to 10% of the amount of your Reduction in Value Damages for excess GST paid in connection with acquiring your Relevant Vehicle (Excess GST Damages); and
• interest on those amounts.

By way of example, the representative applicant will receive Reduction in Value Damages in the amount of $7,474.59 and Excess GST Damages in the amount of $747.46.

The 2020 Field Fix has been applied to your Relevant Vehicle.

If you are eligible to receive money under the judgment and the 2020 Field Fix has been applied to your Relevant Vehicle:

• you will be entitled to receive Excess GST Damages in an amount equal to 10% of the amount of the Reduction in Value Damages applicable to your Relevant Vehicle and interest on that amount; and
• your entitlement to receive Reduction in Value Damages has not yet been determined by the Court. That is, group members whose Relevant Vehicles have had the 2020 Field Fix may still be found to be entitled to receive Reduction in Value Damages in due course.  We will provide an update in respect of when these claims are likely to be determined following a hearing on 21 July 2022.

Group Members who have already received refunds, replacement vehicles or compensation from Toyota

If you have not already been paid a refund by Toyota in respect of your Relevant Vehicle or had your Relevant Vehicle replaced by Toyota, this section is not relevant to you.

Refunds

If you have already been paid a refund by Toyota in respect of your Relevant Vehicle, then you are not entitled to money under the judgment.

Replacement vehicles

If your Relevant Vehicle was replaced by Toyota during the Relevant Period (between 1 October 2015 and 23 April 2020) with another Relevant Vehicle, then you are entitled to be paid money for reduction in value and excess GST under the judgment and the amount of money you will be paid (if you register) will be assessed in the manner described above.

If your Relevant Vehicle was replaced by Toyota:

• after the Relevant Period (i.e., after 23 April 2020); or
• during the Relevant Period (between 1 October 2015 and 23 April 2020) with a vehicle other than a Relevant Vehicle,

then you are entitled to money for excess GST (assessed in the manner described above), but your entitlement to receive money for reduction in value has not yet been determined.  That is, group members in this category may still be found to be entitled to receive money for reduction in value in due course.  We will provide an update in respect of when these claims may be determined following a hearing on 21 July 2022.

Compensation payments

If you have already received a compensation payment from Toyota in respect of your Relevant Vehicle for:

• the reduction in value of that vehicle; or
• the difference between the price you paid to acquire your vehicle and the price at which you traded it in to Toyota or sold it,

then this payment will be taken into account in assessing your eligibility to receive money under the judgment and the amount of any such money you may be eligible to receive.

Group members’ claims for money for losses other than reduction in value and excess GST

Group members’ entitlements to receive money for excess stamp duty, financing costs and income lost due to excess servicing (being damages awarded to the representative applicant) and excess fuel costs (being damages the representative applicant was not able to quantify to the Court’s satisfaction) were not determined at the initial trial.  We are considering how group members may be able to establish their entitlement to receive these types of claims and will provide a further update on this topic as soon as we are able to do so.