Welcome to the portal for group members of the class action relating to certain Toyota HiLux, Prado and Fortuner diesel vehicles.
Group Member Update – June 2023
On 27 March 2023, the Full Court of the Federal Court of Australia delivered judgment in respect of Toyota’s appeal from the primary judgment delivered by Justice Lee in April 2022. A copy of the Full Court’s judgment can be found here.
The Full Court confirmed the primary 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 primary judge. The Full Court also held that it is necessary and appropriate to take into account the fact that Toyota developed an effective fix for the defect in May 2020 and began offering it for free after the Relevant Period.
In late April 2023, the applicants and Toyota both applied to the High Court of Australia for leave to appeal parts of the Full Court’s judgment concerning the reduction in value damages to which group members may be entitled. The High Court will decide whether to grant the parties leave to appeal the Full Court’s judgment and, if leave is granted, determine any such appeal. This process is unlikely to conclude before mid-2024.
This page will be updated on an ongoing basis with any new developments in the proceeding, including in relation to the parties’ appeals to the High Court. Group members who are interested in keeping up to date with the proceeding should return to this page periodically for updates. Further information is also set out in the FAQs which can be accessed here.
Please note that we will not be responding to individual group member queries until after the parties’ appeals to the High Court have been determined.
In the meantime, group members can continue to register their interest to receive any compensation to which they may become entitled in the Toyota Class Action. If you think you are a group member and have not already done so, you can register your interest here. If you do not register, you will not be able to receive any money to which you may otherwise become entitled.
Group members who have already submitted their registration forms do not need to do anything else at this stage. If you have registered, but not yet submitted your completed forms, please do so in order to complete the process.
This is not a scam.
If you are concerned about accessing this portal or registering for the distribution scheme, you can verify that this is a genuine process and obtain further information about the Toyota Class Action and distribution scheme by:
- visiting (or searching for) the matter on the Federal Court of Australia’s website (https://www.comcourts.gov.au/file/Federal/P/NSD1210/2019/actions);
- visiting the website managed by the lawyers running the Class Action, Gilbert + Tobin (https://www.toyotaclassaction.com.au/); or
- visiting Toyota Australia’s website (https://www.toyota.com.au/support/dpfinformation).
It has been brought to our attention that scammers are impersonating Deloitte and are attempting to collect personal and/or confidential data. Please be advised that Deloitte will not be contacting individuals by phone asking for personal and/or confidential data. Any requests for additional information will be sent via the message function on the Group Member Portal.