Toyota Diesel Defeat Device Class Action

Join one of Australia’s biggest class actions

Maddens Lawyers have launched a class action in the Supreme Court of Victoria on behalf of people who have acquired certain diesel-powered Toyota vehicles. The class action alleges that Toyota Motor Corporation Australia Limited (Toyota) supplied hundreds of thousands of Australian customers with diesel vehicles that have engine devices which, under ordinary driving conditions, impact the vehicle's emissions control system resulting in the vehicle emitting higher levels of nitrogen dioxide. These devices are commonly known as "defeat devices".

The class action alleges that some diesel engines sold by Toyota, including those incorporated in popular models such as the Landcruiser and Hilux, include design elements that tamper with the vehicle's emissions control systems. It is alleged that the defeat devices cause unlawfully high levels of nitric oxide and nitrogen dioxide (collectively known as NOx) to be emitted from the vehicles.

If you acquired any of the following Toyota diesel vehicles in the period from 7 February 2016 to 18 June 2024, you may be entitled to compensation:

  • Landcruiser vehicles from 2010 onwards fitted with a 4.5L 195kW to 200kW 1VD-FTV
  • Landcruiser vehicles from 2020 onwards fitted with a 3.3L F33A-FTV engine
  • Landcruiser vehicles from 2015 onwards fitted with a 2.8L 1GD-FTV engine
  • Hilux vehicles from 2015 onwards fitted with a 2.4L 2GD-FTV engine or a 2.8L 1GD-FTV engine
  • RAV-4 vehicles from 2013 onwards fitted with a 2.2L 2AD-FHV or 2AD-FTV engine
  • Fortuner vehicles from 2015 onwards fitted with a 2.8L 1GD-FTV engine
  • HiAce vehicles (excepting models with a Gross Vehicle Mass exceeding 3,500 kilograms) and Granvia vehicles from 2019 onwards, fitted with a 2.8L 1GD-FTV engine

You are eligible to participate regardless of whether you acquired one or more of these vehicles new or second-hand condition.

The class action is being advanced on behalf of people who acquired an affected Toyota diesel engine vehicle and are encouraged to register their interest in the class action to stay informed and ensure they are eligible for compensation if the class action is successful.

The lead plaintiff in this matter, Mr James Butterworth, has entered into a Conditional Costs Agreement with Maddens Lawyers as well as a 'litigation finance agreement' with a third-party litigation funder called Woodsford for the purpose of advancing this class action.

The plaintiff and the group members will not be asked to pay anything up front. Costs will only be payable in the event of a successful outcome and then, only from a recovery made and as approved by the Court.

Further information about legal costs and funding fees can be found in the Updated Funding Information Summary Statement. 

Further Information