Skip to main content
Balance Legal Capital and Quinn Emanuel Trial Lawyers

Frequently Asked Questions

01 | What is a class action?

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 Taylor 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.

02 | What is the Taylor DPF Class Action about?

The Taylor DPF Class Action was commenced on 31 July 2025 and claims compensation (money) for defects in certain Toyota Hilux, Fortuner and Prado vehicles with a 1GD-FTV or 2GD-FTV diesel engine.

In another class action currently before the Federal Court of Australia (Williams DPF Class Action), it has been held that:

  • Toyota Hilux, Prado and Fortuner vehicles with a 1GD-FTV or 2GD-FTV diesel engine acquired between 1 October 2015 and 23 April 2020 (Relevant Vehicles) were not of acceptable quality at the time they were initially supplied because they were fitted with a defective diesel particulate filter (DPF) system;
  • the value of the Relevant Vehicles at the time they were initially supplied was reduced because of their defective DPF systems;
  • vehicle owners may be entitled to receive money to compensate them for this reduction in value; and
  • 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.

The Taylor DPF Class Action seeks to recover that money on behalf of the people described above.

03 | What has happened in the Toyota Class Actions?

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.

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 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 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.

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.

04 | What is happening now?

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.

05 | Which Toyota vehicles are affected?

The Taylor 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 used, by way of private sale, between 24 April 2020 and 31 July 2020, from a person who acquired the vehicle new between 1 October 2015 and 23 April 2020 in Australia (Relevant Vehicles).

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 become entitled in the Taylor 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.

06 | Am I a Group Member in the Taylor DPF Class Action?

Taylor Group Members are people who meet certain criteria. You are likely to be a group member in the Taylor DPF Class Action if you:

  • acquired a used Toyota Hilux, Fortuner or Prado with a 1GD-FTV or 2GD-FTV diesel engine:
    • between 24 April 2020 and 31 July 2025;
    • by way of private sale (i.e. not from a used car dealership); and
    • from someone who acquired the vehicle new between 1 October 2015 and 23 April 2020 (meaning you are the second owner of the vehicle);
  • still own the vehicle;
  • did not acquire the vehicle in an auction; and
  • did not acquire the vehicle for the purpose of re-supply.

(Taylor Group Member)

07 | Who is eligible to receive money in the Proposed Settlement?

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/

08 | What if I did not register in the Toyota DPF Class Actions before 9:30am on 13 October 2026?

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.

09 | How much money will I receive in the Taylor DPF Class Action??

The Settlement Sum (less costs and payments to the Funder approved by the Court) will be distributed to Registered Group Members in accordance with a Settlement Distribution Scheme approved by the Court at the Settlement Approval Hearing.

It is estimated that, on average, and before accounting for any Court approved deductions for costs and payments to the Funder approved, Registered Group Members in the Taylor DPF Class Action will receive approximately $2,860 to $3,640.

At the Settlement Approval Hearing, the applicants and/or the Funder will ask the Court to approve the following deductions from the Settlement Sum before it is distributed to Registered Group Members:

(a)   the applicants’ reasonable costs of conducting the Toyota DPF Class Actions on behalf of Group Members that have not already been paid by Toyota;

(b)   the reasonable costs of administering the settlement scheme;

(c)   payments to the applicants and sample group members appointed by the Court, to reimburse them for their time and efforts in representing Group Members; and

(d)   a payment to the Funder in recognition of the financial support it provided for the Toyota DPF Class Actions and related appeals, and the risks it took on in doing so.

These deductions will only be made to the extent that the Court considers them to be fair and reasonable.

If these deductions for costs and payments to the Funder are approved by the Court, it is estimated that, on average, and after accounting for these deductions, Registered Group Members in the Taylor DPF Class Action will receive approximately $1,820 to $2,320.

The exact amounts which Registered Group Members will receive will depend on their individual circumstances, including when they acquired their vehicle, how much they paid for their vehicle and whether Toyota has effectively repaired the DPF in their vehicle.

10 | What is Toyota’s DPF repair (known as the “2020 Field Fix”) and how do I know if it has been applied to my vehicle?

In May 2020, Toyota developed a repair for the defective DPF system in the Relevant Vehicles. This repair is referred to in the class action as the “2020 Field Fix”.

The 2020 Field Fix is a specific combination of repairs which Toyota has 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.

Taylor Group Members may have received a letter from Toyota inviting them to take their Relevant Vehicle to a Toyota Dealer to have the defective DPF system in the vehicle repaired.

Taylor Group Members should be aware that if they take up Toyota’s invitation to have the DPF system in their vehicles repaired before the date the Proposed Settlement is approved by the Court, it may reduce the amount of money they will otherwise be entitled to receive from the Proposed Settlement.

11 | Will having Toyota’s DPF repair applied to my vehicle affect my entitlement to receive money in the class action?

Taylor Group Members should be aware that if they take up Toyota’s invitation to have the DPF system in their vehicles repaired before the date the Proposed Settlement is approved by the Court, it may reduce the amount of money they will otherwise be entitled to receive from the Proposed Settlement.

Toyota has promised that it will not refuse to repair the DPF system in any Relevant Vehicle free of charge on account of the vehicle’s owner having received a share of the Settlement Sum pursuant to the Settlement Distribution Scheme (or having registered to do so).

12 | If I sell, or have sold, my vehicle, will this affect the money I receive in the class action?

In an important judgment delivered in November 2024 (see FAQ 3) in the Williams DPF Class Action, the High Court of Australia held that group members who have sold (or who sell) their Relevant Vehicle are no longer entitled to receive damages (money) for reduction in value under section 272(1)(a) of the Australian Consumer Law.

The Proposed Settlement provides for the Settlement Sum to be distributed to Registered Group Members consistently with this finding. Accordingly, if you sell your Relevant Vehicle before the date the Proposed Settlement is approved by the Court, your share of the Settlement Sum will be reduced. See FAQ 9 for further details.

13 | Who is conducting the Taylor DPF Class Action?

Quinn Emanuel Urquhart & Sullivan (Quinn Emanuel) are the solicitors conducting the Taylor DPF Class Action (and Williams DPF Class Action) and are working with a team of barristers, consisting of David Sulan SC, Patrick Meagher, Peter Strickland and Tim Rogan.

14 | Who is Balance Legal Capital?

Balance Legal Capital (Balance) is an experienced litigation funder which is funding the Taylor DPF Class Action (and Williams 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 is 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).

Taylor 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.

However, because it funded the litigation, Balance intends to ask the Court to deduct an amount from the damages to be paid to all Registered Group Members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court at the Settlement Approval Hering (commending at 10:15am on 20 November 2026) 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 Registered Group Members.

15 | Who is Deloitte and what is their role?

Deloitte (http://www.Deloitte.com.au) 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 Quinn Emanuel 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.

16 | What will it cost me to become a part of the Taylor DPF Class Action?

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 Taylor DPF Class Action, including to pay the legal costs of Toyota if the action is 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 Taylor Group Members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court at the Settlement Approval Hearing (commencing at 10:15am on 20 November 2026) 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 Taylor Group Members.

17 | What if I opt-out (or have opted-out) of the Taylor Class Action?

The Taylor DPF Class Action is an “open class action” meaning it was brought by the applicant on his behalf and on behalf of other persons who satisfy the criteria for Taylor Group Members (which can be found in FAQ answer 6 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 ordered by the Court has been issued to Taylor 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 Taylor DPF Class Action is 19 December 2025.

If you do not opt-out by the deadline, you remain a Taylor Group Member.

If you opt out by the deadline, you are not a Taylor 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.

Funded by

Balance Legal Capital

Visit Website
Prosecuted by

Quinn Emanuel Urquhart & Sullivan

Visit Website