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?

Register a Claim for 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?

What information do I need to provide to complete a claim for a settlement payment or claim correction?

Where can I find my VIN (Vehicle identification Number)?

Where can I find documentation to demonstrate my interest in the affected vehicle?

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.

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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.

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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
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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 by midnight 26 March 2020. There are two exceptions to this:

  • If you started registering your claim (that is, by entering a valid VIN for an affected vehicle) by midnight 26 March 2020, but have not yet completed it, you have until 9 April 2020 to complete your claim. If you fail to complete your claim by that date, you will not be entitled to receive any settlement payment.
  • If a claim has been registered in the wrong name or by the incorrect person, you may complete a claim correction. Maurice Blackburn will generally direct you to do this if it is required.
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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.

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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) in the “Claim Correction” tab above.

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

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How much money will I receive as a settlement payment?

At this stage, the exact amount that you will receive as a settlement payment if you are eligible to receive one is not yet known. The method for calculating payments has been determined by the lawyers acting for the applicants 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.

At this stage, 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.

If you are eligible to receive a settlement payment, then you will be notified of the amount of your individual settlement payment 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 the middle of the year or in the third quarter.

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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”.

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When will I receive a settlement payment?

The Federal Court of Australia approved the settlement on 26 March 2020 and it can now be implemented. Before any settlement payments can be made, however, it is still 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 be made in the third quarter of the 2020 calendar year.

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Register a Claim for 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 by midnight 26 March 2020. There are two exceptions to this:

  • If you started registering your claim (that is, by entering a valid VIN for an affected vehicle) by midnight 26 March 2020, but have not yet completed it, you have until 9 April 2020 to complete your claim. If you fail to complete your claim by that date, you will not be entitled to receive any settlement payment. Please log-in to your account (using the button at the top of the screen), click the “Vehicles” tab and then “Continue Claim” to complete your claim.
  • If a claim has been registered in the wrong name or by the incorrect person, you may complete a claim correction. Maurice Blackburn will generally direct you to do this if it is required. Please click the “Claim Correction” tab to complete a claim correction.
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When was the deadline to register a claim for a settlement payment?

The deadline to register your claim was 10 March 2020, although the Federal Court of Australia has ordered that claims registered late up until midnight 26 March 2020 will still be allowed to receive a settlement payment. If you failed to register by midnight 26 March 2020, you will not be entitled to receive any settlement payment.

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What information do I need to provide to complete a claim for a settlement payment or complete a claim correction?

In order to complete your claim for a settlement payment or claim correction, you may need to provide the following information to complete your claim or claim correction, which we recommend finding or obtaining in advance:

  • The VIN (Vehicle Identification Number) for your affected vehicle
  • If you leased the affected vehicle from somebody else or to somebody else, the lease agreement or contract
  • If you are registering the claim on behalf of an entity or another person (such as a business or company or somebody without legal capacity), authorisation to register the claim on their behalf

You may also be required to provide documentation demonstrating that you held an interest in the affected vehicle as at either 18 September 2015 or 3 October 2015. In this event, we encourage you to provide a certificate of registration for the vehicle, which records its VIN and your name, from before either of those dates and another from after.

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Where can I find my VIN (Vehicle identification Number)?

Under the settlement, you may need to find and provide the VIN (Vehicle Identification Number) for your affected vehicle . The VIN is a unique code made up of 17 letters and numbers, which identifies your vehicle.

You can usually find the VIN on a plate or sticker under the bonnet, near the engine bay, or inside the passenger side door on the “B” pillar of your vehicle. It may also be recorded in the certificates of registration, insurance papers, service log book, or other documentation for your vehicle.

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Where can I find documentation to demonstrate my interest in the affected vehicle?

If you are asked to provide documentation to demonstrate that you had an interest in the affected vehicle as at 18 September 2015 or 3 October 2015, you may provide any of the following types of documentation to demonstrate your interest:

  • certificates of registration; or
  • insurance papers; or
  • purchase or sale or lease contracts; or
  • proof of disposal or transfer of ownership documents; or
  • lease payment summaries.

You should ensure that any such documentation you provide records your name and the VIN (Vehicle Identification Number) of your affected vehicle on it.

If you no longer have any such documentation, then we recommend requesting copies of your certificates of registration for the affected vehicle from the motor vehicle registry in your state or territory, or copies of your certificates of insurance for the affected vehicle from your insurance provider.

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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.

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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.

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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.

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Confirmation Content