Frequently Asked Questions 

Nature of Settlement

Where can I find more information about the class actions and settlement?

What are the class actions about?

What does the settlement involve?

Am I entitled to receive a settlement payment?

How do I know if I had an “interest” in an affected vehicle?

How do I know if I have an affected vehicle?

How much money will I receive as a settlement payment?

Do I need to pay any legal costs?

When will I receive a settlement payment?

Claiming a Settlement Payment

How do I register a claim for a settlement payment?

When was the deadline to register a claim for a settlement payment?

How will settlement payments be made?

How do I provide my payment details and other information?

Account Details

I have forgotten my password

I need to update my contact details or change my password

Contact Us

Call or email us

 

Nature of Settlement

Where can I find more information about the class actions and settlement?

If you would like more information about the class actions and settlement which has now been approved, then you should refer to the Settlement Notice. A copy of the Settlement Notice is available here.

A copy of the revised Settlement Scheme is also available here

On 13 May 2020, the Federal Court delivered its written judgment in relation to the approval of the settlement. A copy of the judgment is available here.

Back to top

 

What are the class actions about?

The class actions relate to the diesel emissions issue concerning approximately 100,000 affected “EA189” Volkswagen, Audi and Skoda diesel vehicles in Australia. Two of the class actions were commenced by Bannister Law and three class actions were commenced by Maurice Blackburn.

Back to top

 

What does the settlement involve?

In late 2019, Maurice Blackburn and Bannister Law reached an agreement to settle the Australian class actions against Volkswagen, Audi and Skoda over the diesel emissions issue. On 1 April 2020, the Federal Court of Australia approved the settlement of the class actions. The settlement means that:

  • The Volkswagen Group will, without admission of liability, pay approximately AU$120 million to eligible Australian motorists plus legal costs and other payments
  • The estimated average settlement payment per vehicle is AU$2,800, subject to the final assessment of all claims registered by Australian motorists
  • The range of settlement payments per vehicle, calculated in accordance with the method developed by the lawyers acting for the applicants, is approximately AU$1,589 to AU$6,554, depending on factors such as the type of vehicle and its age
Back to top

 

Am I entitled to receive a settlement payment?

Under the settlement, any person is eligible to claim a settlement payment who:

  1. acquired an “interest” in a 1.6 or 2.0 litre “EA189” diesel engine Volkswagen, Audi or Skoda vehicle affected by the diesel emissions issue; and 
  2. held that interest as at either of the Qualifying Dates; and
  3. did not “opt out” of both the Bannister class actions and Maurice Blackburn class actions.

In order to be entitled to receive a settlement payment, you must have also registered a claim via this website by midnight 26 March 2020 or otherwise in accordance with the orders made by the Federal Court.

Back to top

 

How do I know if I had an “interest” in an affected vehicle?

Under the settlement, you will have had an “interest” in an affected vehicle if, on 18 September 2015 or 3 October 2015, you:

  1. owned the affected vehicle; or
  2. leased the affected vehicle from somebody else, pursuant to either a finance lease, novated lease, hire purchase agreement, or operating lease; or
  3. leased the affected vehicle to somebody else, pursuant to an operating lease.

You will also have had an interest if you were the lender or credit provider in relation to a loan that was used by somebody else to finance the acquisition of an affected vehicle and you repossessed the vehicle following a default on the loan.

Back to top

 

How do I know if I have an affected vehicle?

You can check whether you have a vehicle affected by the diesel emissions issue by entering its VIN (Vehicle Identification Number) during the registration process to claim a settlement payment.

A list of affected vehicles by make, model and model year is provided below as a guide.

Make

Model (Diesel)

Model Year

Volkswagen

Golf

MY 2009 - 2013

Polo

MY 2010 - 2014

Jetta

MY 2009 - 2016

Passat

MY 2008 - 2015

Passat CC

MY 2009 - 2012

Volkswagen CC

MY 2012 - 2016

Eos

MY 2009 - 2014

Tiguan

MY 2008 - 2016

Caddy

MY 2011 - 2016

Amarok

MY 2011 - 2012

Skoda

Octavia

MY 2008 - 2013

Yeti

MY 2012 - 2016

Superb

MY 2009 - 2015

Audi

A1

MY 2011 - 2014

A3 (2.0L)

MY 2009 - 2013

A3 (1.6L)

MY 2011 - 2013

A4

MY 2008 - 2015

A5

MY 2012 - 2016

A6

MY 2009 - 2014

Q3

MY 2012 - 2014

Audi

TT

MY 2009 - 2014

Q5 (CAH Engine)

MY 2009 - 2011

Q5 (CGL Engine)

MY 2009 - 2016

Back to top

 

How much money will I receive as a settlement payment?

If you are eligible to receive a settlement payment, then you will be notified of the amount of your individual settlement payment by Maurice Blackburn as soon as practicable after all claims registered by Australian motorists have been assessed and individual settlement payments have been calculated in accordance with the approved methodology. We expect this to occur around February 2021.

The method for calculating payments has been determined by the lawyers acting for the applicants in the class actions and approved by the Federal Court of Australia. The individual settlement payments will depend upon a number of factors, including:

  1. the number of affected vehicles of eligible motorists who register to participate in the settlement;
  2. the “as new” price when purchased and the estimated second hand value immediately before the relevant time (18 September 2015 and 3 October 2015) of your affected vehicle; and
  3. the type of interest you had in the affected vehicle.

For reasons of efficiency, and because this is a pragmatic, commercial settlement, the settlement scheme does not involve assessment of the value of any individual vehicle and cannot do so given it will not take into account all factors that may be relevant to vehicle values.

On 1 April 2020, the Federal Court noted that the estimated average settlement payment per vehicle is AU$2,800, subject to the final assessment of all claims registered by Australian motorists. The range of settlement payments per vehicle, calculated in accordance with the method developed by the lawyers acting for the applicants, is approximately AU$1,589 to AU$6,554, depending on factors such as the type of vehicle and its age.

Back to top

 

Do I need to pay any legal costs?

No. You will not need to pay or make any contribution to the payment of any legal costs relating to the class actions or the administration of the settlement. The Volkswagen Group will pay the reasonable legal costs and costs of administering the settlement, as determined by the Federal Court of Australia, on top of the settlement sum.

As a result, no amounts will be deducted from the money available for eligible Australian motorists in order to pay for the legal costs or costs of administering the settlement.

The Federal Court of Australia has also dismissed the application by the litigation funder in the Bannister Law proceedings for a “funding order” (which sought to deduct 10% from certain claimants’ settlement payments and pay those amounts to the funder), as well as the Bannister Law application for a “funding equalisation order”.

Back to top

 

When will I receive a settlement payment?

The Federal Court of Australia approved the settlement of the class actions on 1 April 2020 and it can now be implemented. Before any settlement payments can be made, however, it is necessary to finally assess all claims registered by Australian motorists and to calculate all individual settlements in accordance with the approved methodology.

Our best estimate at this stage is that settlement payments will begin being made in February 2021. As it is not possible to calculate individual settlement payments until every claim registered by Australian motorists has been assessed and the Volkswagen Group is not required to pay the money available for eligible Australian motorists until after this assessment process has concluded, it is not possible to make any early settlement payments.

Back to top

 

Claiming a Settlement Payment

How do I register a claim for a settlement payment?

The Federal Court of Australia has approved the settlement of the Australian class actions against Volkswagen, Audi and Skoda over the diesel emissions issue, which was negotiated by Maurice Blackburn and Bannister Law on behalf of eligible Australian motorists. In order to be entitled to receive a settlement payment, you must have registered a claim for a settlement payment via this website by midnight 26 March 2020 or otherwise in accordance with the orders made by the Federal Court.

Back to top

 

When was the deadline to register a claim for a settlement payment?

The registration process to claim a settlement payment has now closed. If you did not register via this website by midnight 26 March 2020 or otherwise in accordance with the orders made by the Federal Court, you will not be entitled to receive any settlement payment.

Back to top

 

How will settlement payments be made?

Settlement payments will be made by way of electronic funds transfer (EFT). If you are eligible to receive a settlement payment, when you have been instructed by Maurice Blackburn to do so, you can log-in to your account using this website and nominate an Australian or overseas bank account to receive your settlement payment.

Back to top

 

How do I provide my payment details and other information?

If you are eligible to receive a settlement payment, then you will be contacted about providing your payment details and other information by Maurice Blackburn as soon as practicable after all claims registered by Australian motorists have been assessed and individual settlement payments have been calculated in accordance with the approved methodology. We expect this to occur around February 2021.

When you have been instructed by Maurice Blackburn to do so, you can log-in to your account using this website to provide your payment details and other information. In order to receive a settlement payment, you will need to:

  • Nominate an Australian or overseas bank account to receive your settlement payment by electronic funds transfer (EFT)
  • Agree to release the Volkswagen Group from legal claims relating to the diesel emissions issue and to keep your settlement payment confidential
  • Confirm that the information you have provided is true and correct and authorise Maurice Blackburn to make your settlement payment

This information will need to be provided within a reasonable timeframe using this website in order to ensure your receipt of a settlement payment.

Back to top

 

Account Details

I have forgotten my password

You can reset your password by clicking “Retrieve my password” and entering your registered email address in the “Log in” or “Claim Correction” tabs above. Once you have done this, you will receive an email to your registered email address that contains a temporary password, which you can use to log-in.

Back to top

 

I need to update my contact details or change my password

You can update your contact details or change your password by logging-in and clicking on the “My Details” tab. You can then edit your details, such as your address or contact number, or change your password using the available text forms.

Back to top

 

Contact Us

Call or email us

For further information or if you have any other questions, please contact our team by email at vw@mauriceblackburn.com.au or by telephone on 1800 517 397.

Back to top

Confirmation Content