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 Williams DPF 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 Williams DPF Class Action claims compensation (that is, money) on behalf of Group Members (see FAQ 6) for the reduction in the value of 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) (see further FAQ 6) resulting from those vehicles having been supplied with a defective diesel particulate filter (DPF) system, as well as additional consequential losses resulting from this defect.

Overview

The Williams DPF Class Action was commenced in 2019.  

Following an initial trial before the trial judge, Justice Lee, in late 2021, judgment was delivered in favour of the applicants and Group Members in 2022 (Trial Judgment). 

Toyota appealed the Trial Judgment and this appeal was heard in late 2022 and a judgment delivered by the Full Court of the Federal Court of Australia in 2023 (Full Court Judgment). 

Appeals filed by both the applicants (on behalf of Group Members) and by Toyota from the Full Court Judgment were heard by the High Court of Australia in April 2024. In November 2024, the High Court delivered an important judgment in favour of the applicants (and Group Members) (High Court Judgment). The High Court:

• upheld the appeal filed by the applicants (on behalf of Group Members) and dismissed Toyota’s appeal; and
• returned the class action to the trial judge for his Honour to reassess the amount of damages (money) that eligible Group Members are entitled to be paid in accordance with the High Court Judgment.

In September 2026, shortly before a hearing at which the reassessment of damages described above was to occur, the parties agreed to settle the Toyota DPF Class Actions for $750 million (inclusive of costs and funding payments) – see FAQ 4 for more detail regarding the proposed settlement.

Further details about these judgments and the likely next steps in the class action are set out below.

Trial Judgment

On 16 May 2022, the Federal Court of Australia delivered judgment in favour of the applicants and Group Members (Trial Judgment). The Court found that the Relevant Vehicles were not of acceptable quality because they were fitted with a defective diesel particulate filter (DPF) system and that their value at the time of initial supply was thereby reduced by 17.5% (measured against Average Retail Price). The Court also held that Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the Relevant Vehicles.

The trial judge, Justice Lee, held that eligible Group Members were entitled to be paid money to compensate them for the reduction in value of the Relevant Vehicles and for the excess GST Group Members paid as a result of acquiring their vehicles at prices which were higher than the true value of those vehicles.

Full Court Judgment

On 10 June 2022, Toyota lodged an appeal from the Trial 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 Trial Judgment (Full Court Judgment). The Full Court confirmed the trial judge’s findings that the Relevant Vehicles were not of acceptable quality because of their defective DPF systems and that their value at the time of initial supply was thereby reduced.

However, the Full Court found that the amount of that reduction in value was 10%, rather than 17.5% as found by the trial judge. The Full Court also held that it was 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.

High Court Judgment

In April 2024, the High Court of Australia heard appeals filed by both the applicants (on behalf of Group Members) and Toyota from the Full Court Judgment.

On 6 November 2024, the High Court of Australia delivered an important judgment in favour of the applicants (and Group Members).

The High Court upheld the appeal filed by the applicants (on behalf of Group Members) and dismissed Toyota’s appeal.

The following key findings were not challenged on appeal to the High Court and remain binding on the applicants, Group Members and Toyota:

• the Relevant Vehicles were not of acceptable quality at the time they were initially supplied because they were fitted with a defective DPF system;
• Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the Relevant Vehicles; and
• the value of the Relevant Vehicles at the time they were initially supplied was reduced because of their defective DPF systems.

In the appeals, Toyota argued that Group Members were not entitled to be paid damages (money) to compensate them for the reduction in value of the Relevant Vehicles at the time of their supply because Toyota subsequently developed an effective repair for the defect in May 2020. The High Court rejected Toyota’s argument.

The High Court also observed that the Full Court should not have reduced the trial judge’s assessment of this reduction in value from 17.5% to 10%.

However, the High Court held that in assessing the amount of damages (money) for reduction in value that eligible Group Members are entitled to be paid, it is necessary to take into account the fact that, by the time of trial, an effective repair for the defect existed.

Given this, the High Court returned the matter to the trial judge to reassess the amount of damages (money) for reduction in value that eligible Group Members are entitled to be paid, taking into account the fact that, by the time of trial, an effective repair for the defect existed.

Proposed Settlement

In September 2026, shortly before a hearing at which the reassessment of damages described above was to occur, the parties agreed to settle the Toyota DPF Class Actions for $750 million.  See FAQ 4 for more detail regarding the Proposed Settlement.

Proposed Settlement

The parties have agreed to settle the Toyota DPF Class Actions for $750 million (inclusive of costs and funding payments) in full and final satisfaction of Group Members’ Claims (Proposed Settlement).

The Proposed Settlement is subject to Court approval. The Court will only approve the Proposed Settlement if it is satisfied that the Proposed Settlement is fair and reasonable having regard to the interests of Group Members as a whole. The Court will decide whether to approve the Proposed Settlement at a hearing commencing at 10:15am on 20 November 2026 (Settlement Approval Hearing).

If the Court approves the Proposed Settlement, the Settlement Sum, less any costs and funding payments approved by the Court, will be distributed to Registered Group Members in accordance with a Settlement Distribution Scheme to be approved at the hearing.

If you are a Registered Group Member and have already completed and submitted your registration form, you do not need to do anything further at this time. You will be contacted in due course.

However, if you are a Registered Group Member and have not yet completed and submitted your registration form, you should proceed immediately to provide any missing details, so that the amount of money you may be entitled to receive from the Proposed Settlement can be calculated. You can do this at: http://www.toyotaclassaction.deloitte.com.au/ 

Group Members who wish to object to the Proposed Settlement must do so by submitting a completed Notice of Objection to qe-Toyota@quinnemanuel.com by 10 November 2026.

The Williams DPF 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 in Australia between 1 October 2015 and 23 April 2020 (Relevant Vehicle).

An inclusive, but not 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 become entitled in the Williams DPF Class Action here.

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 Williams DPF 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;
• did not acquire the vehicle in an auction;
• did not acquire the vehicle for the purpose of re-supply; and
• 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.

It is currently proposed that only Group Members who registered their interest to receive money in the Toyota DPF Class Actions by 9:30am (AEDT) on 13 October 2026 (Registered Group Members) will be entitled to receive money from the Proposed Settlement.

If an order is made to this effect, Group Members who are not Registered Group Members will not be eligible to receive money from the Proposed Settlement without leave of the Court.

Late registration requests communicated to Quinn Emanuel at qe-Toyota@quinnemanuel.com will be raised with the Court at the Settlement Approval Hearing.

If you are a Registered Group Member and have already completed and submitted your registration form, you do not need to do anything further at this time. You will be contacted in due course.

However, if you are a Registered Group Member and have not yet completed and submitted your registration form, you should proceed immediately to provide any missing details, so that the amount of money you may be entitled to receive from the Proposed Settlement can be calculated. You can do this at: http://www.toyotaclassaction.deloitte.com.au

Unfortunately, Group Members who did not register by 9.30 am (AEDT) on 13 October 2026, at this stage, subject to further order of the Court, are not “Registered Group Members” who it is proposed will be eligible to receive a share of the Proposed Settlement.

The Proposed Settlement is subject to Court approval.  The Court will decide whether to approve the Proposed Settlement at a hearing commencing at 10.15 am on 20 November 2026 (Settlement Approval Hearing).

Late registration requests communicated to Quinn Emanuel at qe-Toyota@quinnemanuel.com will be raised with the Court at the Settlement Approval Hearing.