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 the Williams DPF Class Action 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 in the Williams DPF Class Action (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 in the Williams DPF Class Action (High Court Judgment). The High Court:
- upheld the appeal filed by the applicants in the Williams DPF Class Action (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 in the Williams DPF Class Action are entitled to be paid in accordance with the High Court Judgment. That reassessment will likely take place in 2026.
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 in the Williams DPF Class Action (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 Williams Relevant Vehicles.
The trial judge, Justice Lee, held that eligible group members in the Williams DPF Class Action 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 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.
High Court Judgment
In April 2024, the High Court of Australia heard appeals filed by both the applicants in the Williams DPF Class Action (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) in the Williams DPF Class Action.
The High Court upheld the appeal filed by the applicants (on behalf of group members) in the Williams DPF Class Action and dismissed Toyota’s appeal.
The following key findings were not challenged on appeal to the High Court and remain binding on the applicants (and group members) in the Williams DPF Class Action 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 in the Williams DPF Class Action 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 in the Williams DPF Class Action 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 has returned the matter to the trial judge to reassess the amount of damages (money) for reduction in value that eligible group members in the Williams DPF Class Action are entitled to be paid, taking into account the fact that, by the time of trial, an effective repair for the defect existed.
Commencement of Taylor DPF Class Action
Importantly, the High Court in the Williams DPF Class Action also held that any right to compensation for reduction in value under s 272(1)(a) of the Australian Consumer Law is tied to ownership of the vehicle.
This means that if you purchased a used Relevant Vehicle by way of private sale between 24 April 2020 and 31 July 2025, from a person who purchased the vehicle new between 1 October 2015 and 23 April 2020, and still own the vehicle, you may be entitled to receive money for the reduction in value of the vehicle resulting from its defective DPF system.
On 31 July 2025, the Taylor DPF Class Action was commenced. The Taylor DPF Class Action seeks to recover compensation (money) on behalf of the people who purchased used Relevant Vehicles in these circumstances.
Next Steps
The primary steps which remain to be taken in this Williams DPF Class Action and the Taylor DPF Class Action are to:
- calculate the amount of damages (money) for reduction in value which eligible group members are entitled to be paid in accordance with the High Court’s judgment;
- determine the consequences of a group member having Toyota’s DPF repair applied to their Relevant Vehicle (which may impact upon their entitlement to be paid damages (money) for reduction in value under section 272(1)(a) of the Australian Consumer Law); and
- establish and implement a process by which:
- the eligibility of each group member to be paid damages (money) for: (1) reduction in value; (2) loss or damages suffered because of Toyota’s misleading or deceptive conduct; and/or (3) reasonably foreseeable consequential losses, can be determined;
- the amount of money eligible group members are entitled to be paid can be calculated; and
- that money can be paid to eligible group members.
The class action was listed for a case management hearing on 5 August 2025. An update in respect of the orders made at that case management hearing and the next steps in the proceeding can be accessed via the ‘Updates’ page of the Williams DPF Class Action website.
The class action has been listed for further case management on 19 December 2025. It is anticipated that at that hearing, orders will be made providing for steps to be taken to prepare the class action for a hearing at which the matters outlined above can be determined.
Registration remains open
In the meantime, group members in the Taylor DPF Class Action can register their interest to receive any compensation to which they may become entitled in the Taylor DPF Class Action. If you think you are a group member in the Taylor DPF Class Action 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.