November 2021

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

Federal Court Proceeding No. NSD 1210 of 2019

Below is a summary of the key developments in the class action since the last update you received on 8 June 2021.

Supplementary Reference

 The last update (found here), indicated that the independent referee who conducted the first reference in the class action was conducting a supplementary reference to address technical issues which remained in dispute after the first reference.

The independent referee delivered his supplementary reference report on 31 August 2021.  A copy of this supplementary independent referee’s report can be found here.

On 7 September 2021, the Federal Court ordered that the supplementary reference report be adopted in whole.

The supplementary reference report concluded that:

  • one of the consequences of the defect was increased fuel consumption; and
  • a field fix released by Toyota in mid-2020 is effective to remedy the defect.


A mediation of these proceedings was held on 27 and 28 September 2021.  The mediation was conducted by Peter Jacobson QC.

The class action was not resolved at the mediation.  As such, the class action will proceed to an initial trial.

Initial Trial

The class action is listed for an initial trial commencing on 29 November 2021 and is scheduled to run for 4 weeks.

No action required from you

We confirm that group members do not need to do anything at this stage of the class action.

We will provide a further update after the conclusion of the initial trial.

Funded by

Balance Legal Capital

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Prosecuted by

Gilbert + Tobin

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