Update

January 2021

Kenneth John Williams & Anor v Toyota Motor Corporation Australia Limited (ACN 009 686 097)

Federal Court Proceeding No. NSD 1210 of 2019 (the Proceedings)

On 19 January 2021, the Court made orders regarding the next steps in the Proceedings. The orders were made following a case management hearing that took place on 19 January 2021.

We summarise the key case management outcomes below.

Pleadings

The Court made orders permitting the applicant to file a Further Amended Originating Application, and a Further Amended Statement of Claim, both of which were filed on 20 January 2021.

A copy of the Further Amended Originating Application and Further Amended Statement of Claim can be found here.

Toyota was ordered to file its defence by 15 February 2021.

Supplementary Reference

The Court has ordered that additional technical issues remaining in dispute be referred to the independent referee who conducted the first reference in this matter, which resulted in the adoption of the report dated 15 October 2020.

The Court has ordered the supplementary reference commence by 27 January 2021, and a process by which the supplementary reference is to be conducted has also been ordered.

By 30 April 2021, the referee is to indicate to the Court how long he expects to require to complete the reference and provide a report, and by 5 May 2021, the Court will determine the date by which the supplementary reference is to be completed and a report provided.

Following the completion of the supplementary reference, the Proceedings will be listed for the hearing of any application in respect of the adoption of the referee’s report.

Mediation

 The Court made orders that the Proceedings be referred to mediation to be conducted by either Ray Finkelstein AO, QC or Peter Jacobson QC, within 21 days of the hearing of any application in respect of the adoption of the referee’s report.

Trial

 The Proceedings has been set down for a four-week trial commencing on 29 November 2021.

Further case management hearing

The next case management hearing is set down for 7 May 2021.

Further information about the case will be provided as the case progresses.

Funded by

Balance Legal Capital

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Prosecuted by

Gilbert + Tobin

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