In this class action, compensation is claimed from Toyota Motor Corporation Australia Limited on behalf of anyone who acquired one of the following Toyota vehicles
- Hilux, Landcruiser Prado, Fortuner, Granvia and HiAce fitted with a 2.8 litre 1GD-FTV engine;
- Hilux vehicles fitted with a 2.4 litre 2GD0FTV engine;
- Landcruiser vehicles fitted with a 3.3 litre F33A-FTV engine;
- Landcruiser vehicles fitted with a 4.5 litre 1 VD-FTV 195kW to 200kW engine; and
- RAV04 vehicles fitted with a 2.2 litre 2 AD-FHV or 2AD-FTV engine
Please note you must have acquired the vehicle on or after 7 February 2016.
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 tests. The same vehicle, when operating under real world conditions, will then produce dramatically more emissions in order to maximise power and engine performance.
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 purchased or acquired vehicles which emit unlawfully high levels of nitrogen oxide 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 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.
On or after 7 February 2016 you acquired one or more of the following Toyota diesel vehicles.
- Hilux, Landcruiser Prado, Fortuner, Granvia and HiAce fitted with a 2.8 litre 1GD-FTV engine
- Hilux vehicles fitted with a 2.4 litre 2GD0FTV engine
- Landcruiser vehicles fitted with a 3.3 litre F33A-FTV engine
- Landcruiser vehicles fitted with a 4.5 litre 1 VD-FTV 195kW to 200kW engine
- RAV04 vehicles fitted with a 2.2 litre 2 AD-FHV or 2AD-FTV engine
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 aspects 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 purchase price of the vehicle; or
- the difference between the purchase price and true value of the vehicle; or
- the loss in value of the vehicle; and
- any expenses 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 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.
Maddens Lawyers are progressing this class action on a ‘no win, no fee’ basis. This means legal fees will only be charged in the event the class action is successful.
There is no financial risk to register to participate in the class action. Registration is quick and easy and may result in substantial compensation.
The Court takes an active role in supervising any legal costs that are proposed to be charged. A Judge of the Supreme Court will review the legal costs and determine if they are fair and reasonable.
If the class action is not successful, group members will not be charged any legal costs.
You can.
Over the course of the proceeding, the Court will determine how this class action exists alongside previous class actions against Toyota. 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.