About This Case
This matter is a group proceeding (class action) commenced by Jaiden Petrucci on his own behalf and on behalf of consumers who entered into car loan agreements with Toyota Finance Australia Limited (‘Toyota Finance’) between 1 January 2010 and 31 October 2018 for the purpose of acquiring motor vehicles, in which a ‘flex commission’ was paid by Toyota Finance to the car dealer. Flex commissions are payments made by Toyota to the dealer of an amount referable to the difference between a base interest rate set by Toyota Finance on car loans and the higher contract rate set out in the car loan arranged by the dealer with the customer.
The further amended writ and statement of claim alleged breaches of the National Consumer Credit Protection Act 2009 (Cth) (‘NCCP Act’), the Corporations Act 2001 (Cth) (‘Corporations Act’), the Australian Securities and Investments Commission Act 2001 (Cth) (‘ASIC Act’) in broad terms complaining about the non-disclosure of the flex commission. The relief sought extends to orders restraining Toyota Finance from charging interest above the base rate, compensation for the damage caused, and orders that the car loans are rescinded or are void.
The deadline to opt out of this proceeding has now passed.
Source: Supreme Court of Victoria
Who May Be Eligible
If you are, or you think that you may be a group member, you should read the documents below carefully. The definition of a "group member" is set out in the Notice.
Source: Supreme Court of Victoria
How to Register
If you do not want your rights determined by the class action you must opt out by 4:00pm (AEST) on 26 August 2026 . To opt out, you must either: complete the online opt out form ; or complete the opt out form found at Schedule A of the Notice and return via email or post to the address on the notice for the Registry of the Supreme Court of Victoria. For further information about opting out, please refer to the Notice to Group Members . If you do nothing, your rights will be determined by the outcome of the Class Action. This means if there is a settlement reached, or a judgment made by the Court in favour of the Plaintiff , you may be eligible for compensation.
Source: Supreme Court of Victoria
Disclaimer: This information is sourced from Supreme Court of Victoria. It is provided for general information only and does not constitute legal advice. Always verify details with the original source before taking any action.
Legal disclaimer: Information on this page is general in nature and does not constitute legal advice. ClaimBar tracks class action settlements and provides updates. Always seek professional legal advice for your specific circumstances.
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