Group members received a notice from the Court in June 2022 inviting them to register their interest in receiving any money to which they are entitled under the judgment.

To receive any money to which you may become entitled in the Toyota class action, 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 become entitled in the Toyota class action.

The 2020 Field Fix is a specific combination of repairs which Toyota applied to some Relevant Vehicles from around May 2020 onwards to address the DPF issues suffered by those vehicles. The 2020 Field Fix involves:

• replacing the diesel oxidation catalyst in the DPF with an updated unit;
• introducing a modified additional injector assembly; and
• reprogramming the vehicle’s software to remove a cooling pulse and add a ‘soot blow’ function.

DPF repairs and replacements conducted prior to May 2020 are unlikely to have involved the 2020 Field Fix being applied to your vehicle.

If you register your interest to receive any money to which you may become entitled in the Toyota class action here, we will be able to make a preliminary assessment as to whether the 2020 Field Fix has been applied to your specific Relevant Vehicle.

If you have had the 2020 Field Fix been applied to your Relevant Vehicle:

• your entitlement to receive money for the reduction in value of your vehicle (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 money for reduction in value in due course; and
• your entitlement to receive money for excess GST 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 was established under the Primary Judgment. However, this entitlement has been impacted by Toyota’s appeal of the Primary Judgment to the Full Court of the Federal Court of Australia and the parties’ applications to the High Court of Australia for leave to appeal parts of the Full Court’s judgment, as set out below.

On 27 March 2023, the Full Court of the Federal Court of Australia delivered judgment in respect of Toyota’s appeal from the Primary Judgment. The Full Court has confirmed the primary judge’s findings 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 vehicles; and
• the value of the Relevant Vehicles at the time of initial supply was reduced because of their DPF systems.

However, the Full Court has found that the amount of that reduction in value was 10%, rather than 17.5% as found by the primary judge. The Full Court also held that it is necessary and appropriate to take into account the fact that Toyota developed an effective fix for the defect in May 2020 and began offering it for free after the Relevant Period.

In late April 2023, the applicants and Toyota both applied to the High Court of Australia for leave to appeal parts of the Full Court’s judgment concerning the reduction in value damages to which group members may be entitled. The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.

In the meantime, group members can continue to register their interest to receive any compensation to which they may become entitled in the Toyota class action. If you think you are a group member and have not already done so, you can register your interest here.

Group members who have already submitted their registration forms do not need to do anything else at this stage. If you have registered, but not yet submitted your completed forms, please do so in order to complete the process.

Group members who acquired their Relevant Vehicles second-hand during the Relevant Period (1 October 2015 to 23 April 2020) were found to have suffered a reduction in value of their Relevant Vehicles. However, the amount of those damages was held not to be able to be determined other than on an individual basis. That is, these group members are not eligible at this time to receive an award of damages under the Primary Judgment (which addressed the eligibility of group members to receive an aggregate award of damages on a common basis).

The eligibility of group members to receive reduction in value damages in respect of Relevant Vehicles acquired second-hand will not be determined until after the parties’ applications for leave to appeal the Full Court’s judgment to the High Court (and, if leave is granted, any appeal) are determined.

If you think you are a group member (whether or not you bought your vehicle second hand) and have not already done so, please register your interest to receive any money to which you may become entitled in the Toyota class action here.

Relevant Vehicles acquired during the Relevant Period (1 October 2015 to 23 April 2020) but also sold during the Relevant Period were found to have suffered from a reduction in value at the time of initial supply. However, the amount of the damage suffered by group members who acquired these Relevant Vehicles was held not to be able to be determined other than on an individual basis. That is, these group members are not eligible at this time to receive an award of damages under the primary judgment delivered by the Federal Court of Australia on 16 May 2022 (Primary Judgment) (which addressed the eligibility of group members to receive an aggregate award of damages on a common basis).

The eligibility of group members to receive reduction in value damages in respect of Relevant Vehicles sold during the Relevant Period will not be determined until after the parties’ applications for leave to appeal the Full Court’s judgment to the High Court (and, if leave is granted, any appeal) are determined.

Relevant Vehicles sold after the Relevant Period (that is, after 23 April 2020) were also found to have suffered from a reduction in value at the time of initial supply. However, in light of the judgment of the Full Court of the Federal Court of Australia in respect of Toyota’s appeal of the Primary Judgment (delivered on 27 March 2023) and the parties’ applications for leave to appeal the Full Court’s judgment to the High Court, the amount of any money to which eligible group members may be entitled to receive currently remains to be determined.

Gilbert + Tobin are the solicitors on the record in the Proceedings and are working with a team of barristers, consisting of Stephen Free SC, Patrick Meagher and Peter Strickland.

Balance Legal Capital (Balance) is an experienced litigation funder which is funding the class action. This means that Balance agreed to pay the costs of bringing this class action against Toyota, including to pay the legal costs of Toyota if the class action was unsuccessful, in return for repayment of those costs plus a funding commission, should the class action be successful (that is, if money was recovered from Toyota).

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 signed a funding agreement with Balance).

However, because it funded the litigation, Balance intends to ask the Court to deduct an amount from the damages to be paid to all eligible group members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court and you have a right to raise before the Court any issues you have in respect of such a deduction. If there is to be a deduction, this will occur before any money is paid to eligible group members. Balance does not intend to seek an amount exceeding 25% of the damages to be paid to eligible group members (and it may seek a lesser amount if more group members register their interest in receiving any compensation to which they may become entitled in the Toyota class action).

Deloitte is one of Australia’s leading professional services firms, and provides audit, tax, consulting, risk advisory and financial advisory services.

Deloitte has been engaged by Gilbert + Tobin to provide class action administration and support services, which includes (but is not limited to):

• Deployment of the online Group Member Platform for:
  • Collection, storage and management of group member data;
  • Group member registration, claim submission, eligibility and claim assessment; and
  • Communicating with group members regarding the registration process.

You do not need to pay any “out of pocket” legal fees.

That is because a company called Balance Legal Capital I UK Ltd (Balance) agreed to pay the costs of bringing the Toyota class action, including to pay the legal costs of Toyota if the action was unsuccessful, in return for reimbursement of those costs plus a funding commission in the event the class action was successful (that is, if money was recovered from Toyota). Because it funded the litigation, Balance intends to ask the Court to deduct an amount from the damages to be paid to all eligible group members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court and you have a right to raise before the Court any issues you have in respect of such a deduction. If there is to be a deduction, this will occur before any money is paid to eligible group members. Balance does not intend to seek an amount exceeding 25% of the damages to be paid to eligible group members (and it may seek a lesser amount if more group members register their interest in receiving any compensation to which they may become entitled in the Toyota class action).

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 become entitled in the Toyota class action 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 become entitled in the Toyota class action.

The Toyota class action is an “open class action” meaning it was brought by the applicants on their behalf and on behalf of other persons who also own or have owned the affected Toyota vehicles (known as “group members”). The criteria for group members can be found here.

In an open class action, any group members who do not wish to participate in the class action must “opt out” of the class action. An Opt Out Notice and Supplementary Opt Out Notice ordered by the Court was previously issued to group members, setting out their options for opting out of the class action. A copy is available here.

The deadline for opting out of the class action has now passed.

If you did not opt out by the deadline, you remain a group member.

If you opted out by the deadline, you are not a group member.  You may seek special leave of the Court to opt back into the class action.  You should seek independent legal advice should you wish to do so.

The class action was commenced in July 2019 and the initial trial concluded in December 2021, with the Federal Court of Australia delivering its primary judgment on 16 May 2022 (Primary Judgment).

On 10 June 2022, Toyota lodged an appeal from the Primary Judgment. The appeal was heard in the Full Court of the Federal Court of Australia from 14 to 16 November 2022.

On 27 March 2023, the Full Court of the Federal Court of Australia delivered judgment in respect of Toyota’s appeal from the Primary Judgment.

In late April 2023, the applicants and Toyota both applied to the High Court of Australia for leave to appeal parts of the Full Court’s judgment concerning the reduction in value damages to which group members may be entitled. The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.

In the meantime, group members can continue to register their interest to receive any compensation to which they may become entitled in the Toyota class action. If you think you are a group member and have not already done so, you can register your interest here.

Group members who have already submitted their registration forms do not need to do anything else at this stage. If you have registered, but not yet submitted your completed forms, please do so in order to complete the process.

Whether or not your warranty has expired does not impact your ability to participate in the Toyota class action. That is, even if your warranty has expired, provided you satisfy the other eligibility criteria, you are still a group member in the Toyota class action.

Whether or not you financed the acquisition of your Relevant Vehicle does not impact your ability to participate in the Toyota class action. That is, irrespective of whether you financed the acquisition of your Relevant Vehicle, provided you meet the other group member criteria you are a group member in the Toyota class action.

Group members’ entitlement to receive compensation for excess financing costs were not determined at the initial trial.

The eligibility of group members to receive compensation for excess financing costs will not be determined until after the parties’ applications for leave to appeal the Full Court’s judgment to the High Court (and, if leave is granted, any appeal) are determined.

Both the Federal Court in the first instance, and the Full Court of the Federal Court of Australia, have found that all Relevant Vehicles were not of acceptable quality because of their defective DPF systems and, therefore, suffered a reduction in value at the time of initial supply. This was so even if the consequences of the defective DPF system had not yet manifested in some vehicles.

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 become entitled in the Toyota class action 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 become entitled in the Toyota class action.

While the approach you take to servicing your vehicle is a matter for you, having your vehicle serviced at its regular recommended servicing intervals and/or as needed will not impact your ability to participate in the Toyota class action.

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 become entitled in the Toyota class action here.

The appeal was heard in the Full Court of the Federal Court of Australia from 14 to 16 November 2022.

On 27 March 2023, the Full Court of the Federal Court of Australia delivered judgment in respect of Toyota’s appeal from the Primary Judgment.

The Full Court has confirmed the primary judge’s findings 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 vehicles; and
• the value of the Relevant Vehicles at the time of initial supply was reduced because of their DPF systems.

However, the Full Court has found that the amount of that reduction in value was 10%, rather than 17.5% as found by the primary judge. The Full Court also held that it is necessary and appropriate to take into account the fact that Toyota developed an effective fix for the defect in May 2020 and began offering it for free after the Relevant Period.

In late April 2023, the applicants and Toyota both applied to the High Court of Australia for leave to appeal parts of the Full Court’s judgment concerning the reduction in value damages to which group members may be entitled. The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.

In the meantime, group members can continue to register their interest to receive any compensation to which they may become entitled in the Toyota class action. If you think you are a group member and have not already done so, you can register your interest here.

Group members who have already submitted their registration forms do not need to do anything else at this stage. If you have registered, but not yet submitted your completed forms, please do so in order to complete the process.

Group members do not need to do anything in response to the parties’ appeals to the High Court of Australia.

The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.

In the meantime, group members can continue to register their interest to receive any compensation to which they may become entitled in the Toyota class action. If you think you are a group member and have not already done so, you can register your interest here.

Group members who have already submitted their registration forms do not need to do anything else at this stage. If you have registered, but not yet submitted your completed forms, please do so in order to complete the process.

Group members who may become eligible to receive compensation in the Toyota class action will not receive any compensation until after the parties’ applications to the High Court of Australia for leave to appeal the Full Court’s judgment have been determined or, if leave is granted, until after the High Court has determined any such appeal. This process is unlikely to conclude before mid-2024.

In the meantime, group members can continue to register their interest to receive any compensation to which they may become entitled in the Toyota class action. If you think you are a group member and have not already done so, you can register your interest here.

Group members who have already submitted their registration forms do not need to do anything else at this stage. If you have registered, but not yet submitted your completed forms, please do so in order to complete the process.

Group members do not need to pay any “out of pocket” legal fees in relation to the applicants’ or Toyota’s applications to the High Court of Australia for leave to appeal parts of the Full Court’s judgment (or to register their interest to receive money to which they may be entitled in the Toyota class action).

This is because Balance Legal Capital I UK Ltd (Balance), the litigation funder which has funded the Toyota class action to date, has agreed to pay the costs of the applicants’ appeal to the High Court and of defending Toyota’s appeal to the High Court.

However, if the applicants’ appeal to the High Court is successful, then in return for paying the costs of bringing the Toyota class action, Balance will seek reimbursement of those costs plus a funding commission. Balance intends to ask the Court to deduct any such funding commission from the damages to be paid to all eligible group members (noting that any such commission would only be sought if the Applicants are successful). If there is to be such a deduction, this will occur before any money is paid to eligible group members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court. Group members have a right to raise any issues they have in respect of such a deduction before the Court. In any event, Balance does not intend to seek a deduction exceeding 25% of the damages to be paid to eligible group members, and it may seek a lesser amount if more group members register their interest in to receiving any money to which they may become entitled in the Toyota class action.