In this class action, compensation is claimed from Toyota Motor Corporation Australia Limited on behalf of anyone who acquired one or more of the following Toyota diesel vehicles in the period from 7 February 2016 to 18 June 2024.
- 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
A DDD is a feature of a vehicle’s emissions control system that adjusts the emissions and power produced by a vehicle depending on the conditions under which the vehicle is operating.
DDD are employed to ensure vehicles, when operating under specific emissions testing conditions, perform in a way that will satisfy the requirements of the emissions test. The same vehicle, when operating under real world conditions, will then produce dramatically more emissions.
The class action alleges that many Toyota diesel powered cars contained DDDs and that Toyota has incorporated operating settings which function differently during test conditions and real world driving conditions. As a result, consumers have acquired vehicles which emit unlawfully high levels of nitric oxide and nitrogen dioxide (collectively NOx) when on the road and do not comply with Australian safety standards.
A class action is a group of people (in Victoria, seven or more people) bringing a claim against the same person or entity (the defendant). The claims of the group must arise out of the same, similar or related circumstances. A class action is initiated by a ‘lead plaintiff’ on behalf of themselves and all other impacted persons (known as ‘group members’). Group members are bound by the result of the class action.
The lead plaintiff acts as a representative of all the people participating in the class action and is the channel by which each group member’s claim can be progressed.
The lead plaintiff bears the responsibilities and risks on behalf of group members. For instance, it may be necessary for the lead plaintiff to attend and give evidence at trial.
You are likely to be a group member of the class action if your circumstances fall within those described below.
In the period from 7 February 2016 to 18 June 2024, you acquired, by way of purchase, exchange or taking on a lease or on hire-purchase, of one or more of the following Toyota diesel vehicles.
- 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 in new or second hand condition.
If you believe that you are or may be a group member, we recommend that you register your interest in the class action.
If you do not register your interest, you may miss out on receiving important information regarding the class action which may impact your eligibility to claim compensation.
The Court will oversee and manage the class action including setting dates by which certain steps are required to be undertaken.
The timeframes and complexities associated with the class action are likely to be influenced by the defendant and the aspect of the lead plaintiff’s claim that are contested.
Timeframes differ between different types of class actions. Matters can run for several years prior to being resolved and finalised.
If you acquired an affected Toyota vehicle on or after 7 February 2016 you may be entitled to significant compensation for:
- the difference between the purchase price and true value of the vehicle; or
- the loss in value of the vehicle; and
- any expenses, additional costs, or inconvenience you’ve suffered as a consequence of having to repair or rectify the vehicle.
If you are a group member you are likely to be entitled to receive compensation if the class action reaches a successful resolution. How such compensation will be calculated and the amount that will be paid to each group member will depend on the terms of the resolution, however we believe that such compensation could be significant and may extend to the purchase price of the vehicle.
If you believe that you are or may be a group member, we recommend you register your interest in the class action.
If you do not register your interest, you may miss out on receiving important information regarding the class action which may impact your eligibility to claim compensation.
The lead plaintiff Mr James Butterworth has retained Maddens Lawyers are his solicitors for this class action and entered into a Conditional Costs Agreement with Maddens Lawyers, and a ‘litigation finance agreement’ with a third-party litigation funder called Woodsford, for the purpose of advancing this class action. Further information about Woodsford can be viewed on their website at www.woodsford.com.
Professional fees are the charges associated with the time spent by lawyers in advancing the class action. Disbursements are monies paid to third parties, such as expert witnesses or barristers, to advance the case. Professional fees and disbursements are collectively referred to as ‘legal costs’.
In addition, funding fees are the charges associated with the expenses Woodford incurs in funding the class action. Funding fees include things such as payment towards legal costs, adverse costs, security for costs and after-the-event insurance premiums as well as a ‘success fee’ on account of having carried a financial risk in running the class action.
In this class action, legal costs and funding fees will only be required to be paid by group members in the event there is a successful outcome and any legal costs and funding fees intended to be charged to group members are required to be independently assessed and approved by the Supreme Court as fair and reasonable. It is also likely the defendant will be required to contribute to a large portion of the legal costs in this event.
In the event there is not a successful outcome in this class action, group members will not be charged any legal costs or funding fees by Maddens Lawyers or Woodsford.
You can.
Over the course of the proceeding, the Court will determine how this class action exists alongside previous class actions against Toyota Australia. As the claims made in this class action are unique, you are still eligible to make a further claim for compensation under this class action.
Registering for this class action will ensure you are updated on important developments concerning the case. Accordingly, if you acquired an affected vehicle you are strongly encouraged to register your interest and stay informed.
Yes, if you acquired the vehicle second hand you are still eligible and can register for the class action.
You are still eligible to participate in the class action even if you no longer own an affected vehicle.
If you believe that you are or may be a group member, we recommend that you register your interest in the class action.
If you do not register your interest, you may miss out on receiving important information regarding the class action which may impact your eligibility to claim compensation.
Yes, providing your vehicle is an affected vehicle you will still be included in the class action and eligible to claim compensation even if you sell your vehicle before the outcome of the class action is known.
Yes. You should register the details of each affected vehicle separately here.