IMPORTANT: On 6 November 2024, the High Court of Australia delivered an important judgment which has implications for group members’ claims in these proceedings. The responses to the FAQs on this page do not currently reflect the findings of the High Court and, therefore, contain outdated information. The responses to the FAQs below will be updated shortly and this notice will be removed once those updates have been made. In the meantime, please see the Group Member update in relation to the High Court judgment here.
Frequently Asked Questions
01 | What is a class action?
A class action is a legal proceeding where seven or more people have claims against the same individual or corporation in respect of, or arising out of similar circumstances, such that their claims give rise to a substantial common issue of law or fact. Where these criteria are met (as in the Toyota class action), class action proceedings can be commenced by one or more of those people on behalf of some or all of them.
The class action process is intended to save time and expense and avoids the need for the court to determine common issues of fact or law more than once. It enables disputes and claims involving large numbers of people to be resolved via a single case.
02 | What is the Toyota class action about and what is happening?
The Toyota class action claimed compensation (that is, money) for defects in Toyota Hilux, Fortuner and Prado vehicles with a 1GD-FTV or 2GD-FTV diesel engine acquired between 1 October 2015 and 23 April 2020 in Australia (Relevant Vehicles).
On 16 May 2022, the Federal Court of Australia delivered judgment in favour of the applicants and group members (Primary Judgment). The Court found that:
- the Relevant Vehicles were not of acceptable quality because of their defective DPF systems;
- Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the Relevant Vehicles;
- the value of the Relevant Vehicles at the time of initial supply was reduced because of their defective DPF systems;
- the amount of the reduction in value was 17.5% (measured against Average Retail Price); and
- eligible group members are entitled to be paid money to compensate them for this reduction in value and for the excess GST they paid as a result of acquiring their vehicles at prices which were higher than the true value of those vehicles.
The representative applicant was awarded $7,474.59 for the reduction in value of its Toyota Prado and a further $747.46 for the excess GST it paid to acquire the vehicle.
On 10 June 2022, Toyota lodged an appeal from the Primary Judgment. The appeal was heard in the Full Court of the Federal Court of Australia from 14 to 16 November 2022.
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. The Full Court confirmed the primary judge’s findings that:
- the Relevant Vehicles were not of acceptable quality because of their defective DPF systems;
- Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the vehicles; and
- the value of the Relevant Vehicles at the time of initial supply was reduced because of their DPF systems.
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 April 2024, the High Court of Australia heard appeals filed by both the applicants and Toyota from the Full Court’s judgment.
The primary question to be determined by the High Court is whether and, if so how, the fix developed by Toyota should be taken into account in assessing the amount of any reduction in value damages to which group members are entitled. The applicants have also sought to have the trial judge’s assessment of the reduction in value of the Relevant Vehicles (17.5%) reinstated. Toyota did not challenge the findings that 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.
The High Court’s judgment is currently reserved. An update will be provided once judgment has been delivered.
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.
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.
03 | Which Toyota vehicles are affected?
This class action relates to any model of Toyota motor vehicle in the Hilux, Prado and Fortuner ranges fitted with a 1GD-FTV or 2GD-FTV diesel engine which was acquired between 1 October 2015 and 23 April 2020, in Australia (Relevant Vehicle).
An inclusive but non-exhaustive list of Relevant Vehicles can be found here.
If you can’t find your vehicle on this list or if you are unsure whether your vehicle is one of the Relevant Vehicles in the class action, you can register your interest to receive any money to which you may become entitled in the Toyota class action here.
By providing the vehicle identification number (or VIN) for your vehicle we will be able to confirm whether your vehicle is one of the Relevant Vehicles in the class action.
04 | Am I a group member?
Group members are people who meet certain criteria. You are likely to be a group member in the Toyota class action if:
- you acquired a Toyota Hilux, Fortuner or Prado with a 1GD-FTV or 2GD-FTV diesel engine between 1 October 2015 and 23 April 2020;
- you did not acquire the vehicle in an auction;
- you did not acquire the vehicle for the purpose of re-supply; and
- you acquired the vehicle from a Toyota dealership or other retailer (including Toyota Motor Corporation Australia itself), including second-hand through used car dealers, or from any person who directly acquired the vehicle from a Toyota dealership or retailer.
If you meet the group member criteria, then you are a group member automatically and do not need to take any further steps to become one. Group members will be bound by the outcome of the class action unless they previously took steps to “opt out”.
If you think you are a group member and have not already done so, you can register your interest here.
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.
05 | Do I need to register or sign up to be a group member in the class action?
You do not need to register or sign up to be a group member in the class action.
Anyone who satisfies the relevant criteria and who has not already opted out of the class action is automatically a group member.
However, to receive any money to which you may become entitled in the Toyota class action, you need to register your interest in doing so here.
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.
06 | Does the judgment mean I receive money?
On 16 May 2022, the Federal Court of Australia delivered judgment in favour of the applicants and group members (Primary Judgment). The Court found that:
- the Relevant Vehicles were not of acceptable quality because of their defective DPF systems;
- Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the Relevant Vehicles;
- the value of the Relevant Vehicles at the time of initial supply was reduced because of their defective DPF systems;
- the amount of the reduction in value was 17.5% (measured against Average Retail Price); and
- eligible group members are entitled to be paid money to compensate them for this reduction in value and for the excess GST they paid as a result of acquiring their vehicles at prices which were higher than the true value of those vehicles.
However, on 10 June 2022, Toyota lodged an appeal from the Primary Judgment. The appeal was heard in the Full Court of the Federal Court of Australia from 14 to 16 November 2022.
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. The Full Court confirmed the primary judge’s findings that:
- the Relevant Vehicles were not of acceptable quality because of their defective DPF systems;
- Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the vehicles; and
- the value of the Relevant Vehicles at the time of initial supply was reduced because of their DPF systems.
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 April 2024, the High Court of Australia heard appeals filed by both the applicants and Toyota from the Full Court’s judgment.
The primary question to be determined by the High Court is whether and, if so how, the fix developed by Toyota should be taken into account in assessing the amount of any reduction in value damages to which group members are entitled. The applicants have also sought to have the trial judge’s assessment of the reduction in value of the Relevant Vehicles (17.5%) reinstated. Toyota did not challenge the findings that 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.
The High Court’s judgment is currently reserved. An update will be provided once judgment has been delivered.
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.
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.
07 | How much money will I receive?
The amount of compensation eligible group members may become entitled to in the Toyota class action and the timing of any compensation payments have been impacted by Toyota’s appeal of the Primary Judgment delivered by Justice Lee in April 2022.
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. The Full Court confirmed the primary judge’s findings that the relevant vehicles were defective and their value reduced as a result.
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 April 2024, the High Court of Australia heard appeals filed by both the applicants and Toyota from the Full Court’s judgment.
The primary question to be determined by the High Court is whether and, if so how, the fix developed by Toyota should be taken into account in assessing the amount of any reduction in value damages to which group members are entitled. The applicants have also sought to have the trial judge’s assessment of the reduction in value of the Relevant Vehicles (17.5%) reinstated. Toyota did not challenge the findings that 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.
The High Court’s judgment is currently reserved. An update will be provided once judgment has been delivered.
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.
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.
08 | How do I receive any money to which I am entitled under the judgment?
Group members received a notice from the Court in June 2022 inviting them to register their interest in receiving any money to which they are entitled under the judgment.
To receive any money to which you may become entitled in the Toyota class action, you need to register your interest in doing so here.
It is in group members’ interests to register. If group members do not register, they will not be able to receive any money to which they may otherwise become entitled in the Toyota class action.
09 | What is the 2020 Field Fix and how do I know if it has been applied to my vehicle?
The 2020 Field Fix is a specific combination of repairs which Toyota applied to some Relevant Vehicles from around May 2020 onwards to address the DPF issues suffered by those vehicles. The 2020 Field Fix involves:
- replacing the diesel oxidation catalyst in the DPF with an updated unit;
- introducing a modified additional injector assembly; and
- reprogramming the vehicle’s software to remove a cooling pulse and add a ‘soot blow’ function.
DPF repairs and replacements conducted prior to May 2020 are unlikely to have involved the 2020 Field Fix being applied to your vehicle.
If you register your interest to receive any money to which you may become entitled in the Toyota class action here, we will be able to make a preliminary assessment as to whether the 2020 Field Fix has been applied to your specific Relevant Vehicle.
10 | Am I entitled to receive money under the judgment if the 2020 Field Fix has been applied to my vehicle?
If you have had the 2020 Field Fix been applied to your Relevant Vehicle:
- your entitlement to receive money for the reduction in value of your vehicle (Reduction in Value Damages) has not yet been determined by the Court. That is, group members whose Relevant Vehicles have had the 2020 Field Fix may still be found to be entitled to receive money for reduction in value in due course; and
- your entitlement to receive money for excess GST in an amount equal to 10% of the amount of the Reduction in Value Damages applicable to your Relevant Vehicle and interest on that amount was established under the Primary Judgment. However, this entitlement has been impacted by Toyota’s appeal of the Primary Judgment to the Full Court of the Federal Court of Australia and the parties’ applications to the High Court of Australia for leave to appeal parts of the Full Court’s judgment, as set out below.
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. The Full Court has confirmed the primary judge’s findings that:
- the Relevant Vehicles were not of acceptable quality because of their defective DPF systems;
- Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the vehicles; and
- the value of the Relevant Vehicles at the time of initial supply was reduced because of their DPF systems.
However, the Full Court has 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 April 2024, the High Court of Australia heard appeals filed by both the applicants and Toyota from the Full Court’s judgment.
The primary question to be determined by the High Court is whether and, if so how, the fix developed by Toyota should be taken into account in assessing the amount of any reduction in value damages to which group members are entitled. The applicants have also sought to have the trial judge’s assessment of the reduction in value of the Relevant Vehicles (17.5%) reinstated. Toyota did not challenge the findings that 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.
The High Court’s judgment is currently reserved. An update will be provided once judgment has been delivered.
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.
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.
11 | I bought my vehicle second hand. Will I receive any damages?
Group members who acquired their Relevant Vehicles second-hand during the Relevant Period (1 October 2015 to 23 April 2020) were found to have suffered a reduction in value of their Relevant Vehicles. However, the amount of those damages was held not to be able to be determined other than on an individual basis. That is, these group members are not eligible at this time to receive an award of damages under the Primary Judgment (which addressed the eligibility of group members to receive an aggregate award of damages on a common basis).
The eligibility of group members to receive reduction in value damages in respect of Relevant Vehicles acquired second-hand will not be determined until after the High Court delivers judgment.
If you think you are a group member (whether or not you bought your vehicle second hand) and have not already done so, please register your interest to receive any money to which you may become entitled in the Toyota class action here.
12 | I’ve already sold my Toyota vehicle. Will I receive any damages?
Relevant Vehicles acquired during the Relevant Period (1 October 2015 to 23 April 2020) but also sold during the Relevant Period were found to have suffered from a reduction in value at the time of initial supply. However, the amount of the damage suffered by group members who acquired these Relevant Vehicles was held not to be able to be determined other than on an individual basis. That is, these group members are not eligible at this time to receive an award of damages under the primary judgment delivered by the Federal Court of Australia on 16 May 2022 (Primary Judgment) (which addressed the eligibility of group members to receive an aggregate award of damages on a common basis).
The eligibility of group members to receive reduction in value damages in respect of Relevant Vehicles sold during the Relevant Period will not be determined until after the High Court delivers judgment.
Relevant Vehicles sold after the Relevant Period (that is, after 23 April 2020) were also found to have suffered from a reduction in value at the time of initial supply. However, the amount of any money to which eligible group members may be entitled to receive will not be determined until after the High Court delivers judgment.
13 | Who is conducting the Toyota class action?
Quinn Emanuel Urquhart & Sullivan (Quinn Emanuel) are the solicitors conducting the Toyota class action and are working with a team of barristers, consisting of Stephen Free SC, Patrick Meagher and Peter Strickland.
Quinn Emanuel took over conduct of the Toyota class action on behalf of the applicants and group members from Gilbert + Tobin, after the solicitor conducting the class action on behalf of the applicants and group members, Matt Mackenzie, moved from Gilbert + Tobin to Quinn Emanuel in August 2024. Mr Mackenzie continues to conduct the Toyota Class Action at Quinn Emanuel. Future communications about the Toyota Class Action will therefore refer to Quinn Emanuel as the solicitors for the applicants and group members rather than Gilbert + Tobin. Importantly, you do not need to do anything in response to this change, which does not impact:
- your status as a group member;
- any entitlement to receive compensation from Toyota which you may be found to have once the High Court of Australia delivers judgment;
- the progress of the Toyota Class Action; or
- Balance Legal Capital’s continued funding of the Toyota Class Action.
14 | Who is Balance Legal Capital?
Balance Legal Capital (Balance) is an experienced litigation funder which is funding the class action. This means that Balance agreed to pay the costs of bringing this class action against Toyota, including to pay the legal costs of Toyota if the class action was unsuccessful, in return for repayment of those costs plus a funding commission, should the class action be successful (that is, if money was recovered from Toyota).
Group members are not, and will not be, responsible for any “out of pocket” legal costs by remaining as group members in this class action (whether or not they signed a funding agreement with Balance).
However, because it funded the litigation, Balance intends to ask the Court to deduct an amount from the damages to be paid to all eligible group members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court and you have a right to raise before the Court any issues you have in respect of such a deduction. If there is to be a deduction, this will occur before any money is paid to eligible group members. Balance does not intend to seek an amount exceeding 25% of the damages to be paid to eligible group members (and it may seek a lesser amount if more group members register their interest in receiving any compensation to which they may become entitled in the Toyota class action).
15 | Who is Deloitte and what is their role?
Deloitte is one of Australia’s leading professional services firms, and provides audit, tax, consulting, risk advisory and financial advisory services.
Deloitte has been engaged by Quinn Emanuel to provide class action administration and support services, which includes (but is not limited to) deployment of the online Group Member Platform for:
- Collection, storage and management of group member data;
- Group member registration, claim submission, eligibility and claim assessment; and
- Communicating with group members regarding the registration process.
16 | What will it cost me to become a part of the Toyota class action?
You do not need to pay any “out of pocket” legal fees.
That is because a company called Balance Legal Capital I UK Ltd (Balance) agreed to pay the costs of bringing the Toyota class action, including to pay the legal costs of Toyota if the action was unsuccessful, in return for reimbursement of those costs plus a funding commission in the event the class action was successful (that is, if money was recovered from Toyota). Because it funded the litigation, Balance intends to ask the Court to deduct an amount from the damages to be paid to all eligible group members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court and you have a right to raise before the Court any issues you have in respect of such a deduction. If there is to be a deduction, this will occur before any money is paid to eligible group members. Balance does not intend to seek an amount exceeding 25% of the damages to be paid to eligible group members (and it may seek a lesser amount if more group members register their interest in receiving 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, please register your interest to receive any money to which you may become entitled in the Toyota class action here.
It is in group members’ interests to register. If group members do not register, they will not be able to receive any money to which they may otherwise become entitled in the Toyota class action.
17 | What if I opted out of the class action?
The Toyota class action is an “open class action” meaning it was brought by the applicants on their behalf and on behalf of other persons who also own or have owned the affected Toyota vehicles (known as “group members”). The criteria for group members can be found here.
In an open class action, any group members who do not wish to participate in the class action must “opt out” of the class action. An Opt Out Notice and Supplementary Opt Out Notice ordered by the Court was previously issued to group members, setting out their options for opting out of the class action. A copy is available here.
The deadline for opting out of the class action has now passed.
If you did not opt out by the deadline, you remain a group member.
If you opted out by the deadline, you are not a group member. You may seek special leave of the Court to opt back into the class action. You should seek independent legal advice should you wish to do so.
18 | How long will the action take?
The class action was commenced in July 2019 and the initial trial concluded in December 2021, with the Federal Court of Australia delivering its primary judgment on 16 May 2022 (Primary Judgment).
On 10 June 2022, Toyota lodged an appeal from the Primary Judgment. The appeal was heard in the Full Court of the Federal Court of Australia from 14 to 16 November 2022.
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.
In April 2024, the High Court of Australia heard appeals filed by both the applicants and Toyota from the Full Court’s judgment.
The High Court’s judgment is currently reserved. An update will be provided once judgment has been delivered.
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.
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.
19 | What if the warranty applicable to my Relevant Vehicle has expired?
Whether or not your warranty has expired does not impact your ability to participate in the Toyota class action. That is, even if your warranty has expired, provided you satisfy the other eligibility criteria, you are still a group member in the Toyota class action.
20 | Does it matter if my Relevant Vehicle was / is financed?
Whether or not you financed the acquisition of your Relevant Vehicle does not impact your ability to participate in the Toyota class action. That is, irrespective of whether you financed the acquisition of your Relevant Vehicle, provided you meet the other group member criteria you are a group member in the Toyota class action.
Group members’ entitlement to receive compensation for excess financing costs were not determined at the initial trial.
The eligibility of group members to receive compensation for excess financing costs will not be determined until after the parties’ applications for leave to appeal the Full Court’s judgment to the High Court (and, if leave is granted, any appeal) are determined.
21 | What if I have not experienced any issues with my Relevant Vehicle?
Both the Federal Court in the first instance, and the Full Court of the Federal Court of Australia, have found that all Relevant Vehicles were not of acceptable quality because of their defective DPF systems and, therefore, suffered a reduction in value at the time of initial supply. This was so even if the consequences of the defective DPF system had not yet manifested in some vehicles.
If you think you are a group member and have not already done so, please register your interest to receive any money to which you may become entitled in the Toyota class action here.
It is in group members’ interests to register. If group members do not register, they will not be able to receive any money to which they may otherwise become entitled in the Toyota class action.
22 | Should I have my vehicle serviced?
While the approach you take to servicing your vehicle is a matter for you, having your vehicle serviced at its regular recommended servicing intervals will not impact your ability to participate in the Toyota class action.
If you think you are a group member and have not already done so, please register your interest to receive any money to which you may become entitled in the Toyota class action here.
23 | What was the outcome of Toyota’s Appeal to the Full Court of the Federal Court of Australia?
The appeal was heard in the Full Court of the Federal Court of Australia from 14 to 16 November 2022.
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.
The Full Court has confirmed the primary judge’s findings that:
- the Relevant Vehicles were not of acceptable quality because of their defective DPF systems;
- Toyota engaged in misleading or deceptive conduct in connection with marketing and selling the vehicles; and
- the value of the Relevant Vehicles at the time of initial supply was reduced because of their DPF systems.
However, the Full Court has 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 April 2024, the High Court of Australia heard appeals filed by both the applicants and Toyota from the Full Court’s judgment.
The primary question to be determined by the High Court is whether and, if so how, the fix developed by Toyota should be taken into account in assessing the amount of any reduction in value damages to which group members are entitled. The applicants have also sought to have the trial judge’s assessment of the reduction in value of the Relevant Vehicles (17.5%) reinstated. Toyota did not challenge the findings that 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.
The High Court’s judgment is currently reserved. An update will be provided once judgment has been delivered.
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.
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.
24 | Do I need to do anything in response to the parties’ appeals to the High Court of Australia?
Group members do not need to do anything in response to the parties’ appeals to the High Court of Australia.
The High Court’s judgment is currently reserved following the appeals being heard in April 2024. An update will be provided once judgment has been delivered.
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.
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.
25 | How do the High Court Appeals affect the timing of compensation payments?
Group members who may become eligible to receive compensation in the Toyota class action will not receive any compensation until after the High Court of Australia delivers judgment following the parties’ appeals being heard in April 2024. An update will be provided once judgment has been delivered.
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.
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.
26 | Do I need to pay any costs in relation to the High Court Appeals?
Group members do not need to pay any “out of pocket” legal fees in relation to the applicants’ or Toyota’s applications to the High Court of Australia for leave to appeal parts of the Full Court’s judgment (or to register their interest to receive money to which they may be entitled in the Toyota class action).
This is because Balance Legal Capital I UK Ltd (Balance), the litigation funder which has funded the Toyota class action to date, has agreed to pay the costs of the applicants’ appeal to the High Court and of defending Toyota’s appeal to the High Court.
However, if the applicants’ appeal to the High Court is successful, then in return for paying the costs of bringing the Toyota class action, Balance will seek reimbursement of those costs plus a funding commission. Balance intends to ask the Court to deduct any such funding commission from the damages to be paid to all eligible group members (noting that any such commission would only be sought if the Applicants are successful). If there is to be such a deduction, this will occur before any money is paid to eligible group members. Whether such a deduction can be made and, if so, the amount of that deduction, will be determined by the Court. Group members have a right to raise any issues they have in respect of such a deduction before the Court. In any event, Balance does not intend to seek a deduction exceeding 25% of the damages to be paid to eligible group members, and it may seek a lesser amount if more group members register their interest in to receiving any money to which they may become entitled in the Toyota class action.