James Butterworth v Toyota Motor Corporation Australia Limited

About This Case

This is a group proceeding (class action) brought on behalf of persons who acquired (by way of purchase, exchange or taking on a lease or on hire-purchase) certain diesel-powered Toyota vehicles during the period from 7 February 2016 to 7 February 2022.

It is alleged that Toyota Motor Corporation Australia Limited (

Toyota) supplied vehicles in Australia possessing design elements, commonly known as ‘defeat devices’, which impacted parts of a vehicle’s emission control system. It is alleged that these ‘defeat devices’ caused a vehicle’s performance to be enhanced but caused it to emit higher levels of nitrogen oxide, which the plaintiff claims were contrary to Australian road vehicle standards and that Toyota breached the Australian Consumer Law by representing that the vehicles complied with legal requirements for road vehicles in Australia.

Please note that the deadline to opt out has now passed.

IMPORTANT INFORMATION ABOUT REGISTRATION AND OPTING OUT

Please note that the deadline to opt out has now passed.

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.

The Notice (a copy of which is below) contains important information about your rights to:

(1) register your claim in the proceeding; (2) opt out of the proceeding; or (3) do nothing In summary, if you fall within the definition of a group member, you have three options:

OPTION 1 - REGISTER

If you want to be eligible claim money from any settlement reached between the plaintiffs and the defendants to settle the class action, you must your claim in accordance with the Notice.

To register, you must complete the online registration form with Maddens Lawyers.

For further information on how to register, please refer to Option 1 on page 5 of the Notice below.

OPTION 2 – OPT OUT

If you do not want your rights determined by the class action you must opt out by 4:00pm (AEST) on 16 July 2026.

To opt out, you must either: complete the

online opt out form; or complete the opt out form found at Annexure C 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 Option 2 on page 5 of the Notice below.

OPTION 3 – DO NOTHING

If you do nothing in response to the Notice, you will remain a Group Member. This means you will be bound by any settlement or judgment in the class action, and you will not be able to sue Toyota for the same (or possibly related) claims in any future case. If the case is successful, you will be entitled to share in the benefit of any compensation awarded by the Court, although you may have to satisfy certain conditions before your entitlement arises. You do not have to do anything to remain a Group Member.

For further information about this option please refer to Option 3 on page 6 of the Notice below.

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

OPTION 1 - REGISTER If you want to be eligible claim money from any settlement reached between the plaintiffs and the defendants to settle the class action, you must register your claim in accordance with the Notice. To register, you must complete the online registration form with Maddens Lawyers. For further information on how to register, please refer to Option 1 on page 5 of the Notice below.

Source: Supreme Court of Victoria