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June 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)

A further case management hearing in these Proceedings took place on 7 May 2021.

At the hearing, the Federal Court made procedural orders setting out the various steps the parties must take between now and the trial due to commence on 29 November 2021.

We summarise the key steps below.

Supplementary Reference

In our last update (found here), we told you that additional technical issues remaining in dispute had been referred to the independent referee who conducted the first reference in these Proceedings.

The independent referee is currently conducting this further reference (also known as a “supplementary reference”). He has indicated that he expects to complete his supplementary reference and provide a report by 30 July 2021.

The Proceedings have been listed for a hearing on 27 August 2021 of any application in respect of the adoption of this report.


The Applicants must prepare and exchange their evidence, both lay (i.e., non-expert) and expert, by 16 July 2021. Toyota must do the same by 1 October 2021. The Applicants may then serve any evidence in reply to Toyota’s evidence by 22 October 2021.

Common Questions

 The Court has ordered a process by which questions of fact and/or law which are common to the claims of group members (also known as “common questions”) are to be decided prior to the trial.

The parties must confer and attempt to agree on the common questions. The Proceedings have been listed for a hearing on 8 October 2021 to decide the common questions in the event the parties are unable to reach agreement.


At this stage, the Proceedings will be referred to mediation by 17 September 2021. The mediation will be conducted by either Ray Finkelstein AO, QC or Peter Jacobson QC.


The Proceedings remain listed for a four-week trial commencing on 29 November 2021.  The trial will be conducted electronically.

Further Case Management Hearing

The next case management hearing is set down for 17 September 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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