Toyota DPF Class Action – Current Status as at 9 July 2020
GROUP MEMBER UPDATE NO. 4
On 26 June 2020, the Court made orders regarding the next steps in the Proceedings. The orders were made following a case management hearing that took place over the course of 22 and 23 June 2020.
We summarise the key case management outcomes below.
Pleadings
In our group member update of 5 May 2020 (Group Member Update No. 3), we reported that the Court had ordered Toyota to its file its defence by 4 June 2020, which Toyota has now done.
On 26 June 2020, the Court made orders permitting the Applicant to file:
- an Amended Originating Application, which was filed on 24 June 2020; and
- a Reply to the Amended Defence, which was filed on 29 June 2020.
Reference
The Court has ordered the appointment of an independent referee to deal with the technical issues in dispute in the Proceedings (referred to as a ‘reference’). The Court has ordered the reference to commence by 10 July 2020, with the Court to determine the identity of the referee based on nominations made by each of the parties.
The Court has also made various orders for the procedure by which the reference is to be conducted, including the process for providing documents to the referee and the process of providing the referee with a submission on what each party contends the referee’s findings should be. These steps are to all be completed by 24 July 2020.
By 29 July 2020, the referee is to indicate to the Court how long they expect to require to complete the reference and provide an opinion on the technical issues in dispute.
Discovery
In Group Member Update No. 3, we reported that the Court had made orders extending the time for Toyota to provide further tranches of discovery.
In light of the Court’s orders regarding the reference, the Court has now made an order that Toyota need not produce any further discovery, except for certain identified documents, as directed by the referee, or pursuant to further order of the Court.
Opt out
Consistent with the standard approach in class actions, the Court made orders for the distribution to all group members of an opt out notice. This notice gives information to group members on their options for the proceedings.
A copy of the orders relating to the opt out process can be found here.
Mediation
The Court made an order that the Proceedings be referred to mediation (by a mediator agreed by the parties), which is to commence no later than 13 November 2020.
Further case management hearing
The next case management hearing is set down for 12 August 2020
We will provide you with a further update following the next case management hearing.
Register your interest in the class action by clicking on this link.
If you would like more information regarding the class action please email: [email protected].