Opt Out Notice
If you received an Opt Out Notice by email or SMS and you have not previously registered your contact details with Maddens Lawyers, it is likely that your contact details were produced to Maddens Lawyers by Toyota or by the State and Territory Road Authorities in response to orders made by the Court. We confirm that your contact details are kept confidential and only used for the purpose of issuing the Opt Out Notice as ordered by the Court.
If you wish to receive other legal updates in relation to this class action, we encourage you to register for updates to stay informed and ensure you are eligible for compensation if the class action is successful.
There may be a small number of people who inadvertently received the Opt Out Notice that are not actually group members in the Toyota Diesel Emissions Class Action. This may have happened if Maddens Lawyers received contact details from the State and Territory Road Authorities for persons who are not group members.
To check your eligibility to participate in the Toyota Diesel Emissions Class Action or the check the Affected Vehicle list, please read the information under "Are you a group member?”
If you are not a group member in the Toyota Diesel Emissions Class Action and have received the Opt Out Notice by mistake, we kindly ask that you disregard the Opt Out Notice.
The Supreme Court of Victoria ordered that the Opt Out Notice be distributed to group members.
The Opt Out Notice is approved by the Court.
Even if you do not live in Victoria, you are still eligible to participate in the class action.
Toyota Diesel Defeat Device Class Action
The Toyota Diesel Emissions Class Action is brought by the Plaintiff, Mr Butterworth on his own behalf and on behalf of all persons who are Group Members.
The Plaintiff alleges that Toyota supplied certain diesel vehicles in Australia that incorporated elements of design that reduced the effectiveness of the emissions control system causing higher levels of nitrogen oxides to be emitted from the vehicle during normal operation and use. It is alleged that these elements of design are defeat devices and that Toyota has breached the Australian Consumer Law.
The Defendants to the class action, Toyota Australia and Toyota Japan deny the allegations and are defending the class action.
A diesel defeat device is an element of design in a vehicle’s emissions control system that results in the reduction of the effectiveness of the emissions control system during normal driving conditions.
The class action alleges that many Toyota diesel powered cars contained diesel defeat devices 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.
The class action includes the following Affected Vehicle models:
- 4.5L Landcruiser fitted with a 1VD-FTV engine (manufactured 2007 onwards)
- 3.3L Landcruiser fitted with a F33A-FTV engine (manufactured 2020 onwards)
- 2.8L Landcruiser fitted with a 1GD-FTV engine (manufactured 2015 onwards)
- 2.4L Hilux fitted with a 2GD-FTV engine (manufactured 2015 onwards)
- 2.8L Hilux fitted with a 1GD-FTV engine (manufactured 2015 onwards)
- 2.2L RAV-4 fitted with a 2AD-FHV or 2AD-FTV engine (manufactured 2013 onwards)
- 2.8L Fortuner fitted with a 1GD-FTV engine (manufactured 2015 onwards)
- 2.8L HiAce fitted with a 1GD-FTV engine except models with a Gross Vehicle Mass exceeding 3,500 kilograms (manufactured 2019 onwards)
- 2.8L Granvia fitted with a 1GD-FTV engine (manufactured 2019 onwards)
For a detailed list of vehicles: Affected Vehicles List
You must have acquired an Affected Vehicle between 7 February 2016 and 19 December 2024.
You may have acquired an Affected Vehicle by way of purchase, exchange or taking on a lease or on hire-purchase. It includes vehicles that were purchased second-hand.
You are not required to do anything as a group member in the Toyota Diesel Emissions Class Action.
If you haven’t already registered with Maddens Lawyers, we encourage you to register for updates to stay informed and ensure you are eligible for compensation if the class action is successful.
If you have further questions, please do not hesitate to contact Maddens Lawyers by email toyota@maddenslawyers.com.au.
If you haven’t already registered with Maddens Lawyers, we encourage you to register for updates to stay informed and ensure you are eligible for compensation if the class action is successful.
Maddens Lawyers will send group member updates via email in relation to major case developments. The class action website https://toyotadieselclassaction.com.au/ will also be updated from time to time.
A class action is a legal case in which one or more Plaintiffs make a claim for themselves and on behalf of other people against one or more Defendants. The people make a claim together because their claims arise out of the same, similar, or related circumstances. The group of people are referred to as ‘Group Members’.
Group Members in a class action are not individually responsible for the legal costs associated with bringing the class action. In a class action, only the Plaintiff is responsible for the costs.
If a class action is resolved – either by the Court delivering judgment, or by an agreed settlement that is approved by the Court – the resolution binds all persons who are Group Members unless they have opted-out of the class action.
For more information on what a class action is, see our guide here.
Who is part 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 can.
Over the course of the proceeding, the Court will determine how this class action exists alongside other class actions against Toyota. As the claims made in this class action are unique, you are eligible to make a claim for compensation in this class action even if you are participating in another class action against Toyota.
Being registered for this class action will ensure you are updated on important developments concerning the case. If you acquired an Affected Vehicle between 7 February 2016 and 19 December 2024 you are strongly encouraged to register your interest and stay informed.
Yes, if you acquired an Affected Vehicle second hand between 7 February 2016 and 19 December 2024 you are eligible to participate and can register for the class action.
If you are a group member but you have already sold your Affected Vehicle, or sell it before the conclusion of the Toyota Diesel Emissions Class Action, you are still considered a group member in this proceeding.
However, your entitlement to certain monetary damages related to the reduction-in-value damages of your Affected Vehicle may be lost, and therefore your overall entitlement to damages (if any) may be reduced.
To register multiple vehicles, please submit the online registration form including your contact details and vehicle details for at least one vehicle. For any additional vehicles, please complete the Maddens Multiple Vehicle Registrations Form and email it to toyota@maddenslawyers.com.au
If you are registering a fleet of Affected Vehicles, please submit the online registration form including your contact details and vehicle details for at least one vehicle. For any additional vehicles, please complete the Maddens Multiple Vehicle Registrations Form and email it to toyota@maddenslawyers.com.au
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.
Costs of the class action
Group Members are not, and will not be, liable for any “out of pocket” legal costs by remaining in this class action.
The lead plaintiff Mr James Butterworth has retained Maddens Lawyers as 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.
In the event there is not a successful outcome in this class action, group members will not be charged any legal costs by Maddens Lawyers or Woodsford.
For more information about legal costs, see the Toyota Diesel Emissions Class Action Updated Funding Information Summary Statement.
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 or decision of the Court.
Other
If you want to update your details, you can contact Maddens Lawyers at toyota@maddenslawyers.com.au
Please note, no changes to contact details will be actioned during the opt out period due to the high influx of enquiries. You do not need to contact us further, we will action the changes in a timely manner after the opt out period ends.
If you have read all the information on this website and in the Opt Out Notice and still have an unanswered question, you can contact Maddens Lawyers at toyota@maddenslawyers.com.au
Due to the high volume of enquiries and large number of potential group members in this class action, Maddens Lawyers will not be responding to enquiries relating to Frequently Asked Questions.
We will endeavour to reply to other enquiries as soon as possible but please expect a delay in receiving a response. We appreciate your understanding and patience.
If you have landed on this website as you are trying to contact Maddens Lawyers for another legal issue, please visit our Maddens Lawyers website.