Group members are people who meet certain criteria. You are likely to be a group member and entitled to participate in the class action if:
- you acquired (including by way of purchase, exchange or taking on lease, or on hire-purchase) one or more models of Toyota motor vehicle in the Hilux, Fortuner and Prado ranges fitted with a 1GD-FTV engine or 2GD-FTV engine and a diesel particulate filter;
- you acquired the vehicle 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 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. Group members will be bound by the outcome of the class action unless they take steps to “opt out”.
The date by which you must opt out of the proceedings (should you decide to) depends on when the Opt Out Notice was sent to you.
Opt Out Notice sent July or August 2020
If an Opt Out Notice was sent to you in July or August 2020, the deadline for opting out of the class action was 30 September 2020 and you will no longer be able to “opt out” of the class action without special leave of the Court. If you did not opt out by 30 September 2020, or sign up, you will remain as an unrepresented group member and wait the outcome of the class action.
If you did not opt out, and have not registered, you can still choose to sign up as a Represented Group Member by clicking on the register button here.
Supplementary Notice sent November 2020
In October 2020, Toyota identified further vehicles the subject of the class action. On 23 October 2020, the Court made orders for the commencement of a Supplementary Opt Out period for the owners of those newly identified vehicles only.
Group members who receive a Supplementary Opt Out Notice will be bound by the outcome of the class action unless they take steps to “opt out” by the Supplementary Opt Out Date of 4:00pm on 22 January 2021.
Any group member who receives a Supplementary Opt Out Notice and wishes to opt out of this proceeding must, before the Supplementary Opt Out Date, deliver a duly completed opt out form to the New South Wales District Registry of the Federal Court of Australia.
Details on what opt out means and how to do so are contained in the Supplementary Opt Out Notice.