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?
What are the tax implications of my settlement payment?
When will I receive 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?
When is the deadline to provide my payment details and other information?
I need to update my contact details or change my password
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 Deed of Settlement is available here, which is available to the public and affected motorists, is available here.
A copy of the current Settlement Scheme is 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.
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.
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:
Under the settlement, any person is eligible to claim a settlement payment who:
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.
Under the settlement, you will have had an “interest” in an affected vehicle if, on 18 September 2015 or 3 October 2015, you:
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.
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 |
If you are eligible to receive a settlement payment, then you were notified of the amount of your individual settlement payment by Maurice Blackburn in early 2021. You can also find the amount of your individual settlement payment by logging-in to your account using this website.
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 depend upon a number of factors, including:
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.
No. You do 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 have been 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”.
Maurice Blackburn and the Volkswagen Group are unable to provide you with advice about how a settlement payment should be treated for tax purposes. This will depend upon your individual circumstances and, accordingly, you should seek advice from an appropriately registered tax agent or adviser if you have questions or concerns about this. General information about tax on settlement payments is also available from the Australian Taxation Office’s website.
Under the settlement, settlement payments are inclusive of any GST and no additional amount will be payable by the Volkswagen Group on account of any GST liability that may arise in connection with them.
In March 2021, Maurice Blackburn commenced distributing the settlement funds to eligible motorists who provided their payment details and other information. As at June 2021, almost all eligible motorists have received their settlement payments already. If you are eligible to receive a settlement payment, but you have not yet provided your bank account details and other information, you can log-in to your account using this website to complete these steps.
Maurice Blackburn will be making settlement payments to eligible motorists who provide their payment details and other information at around the end of each month up until July 2021.
If you are eligible to receive a settlement payment, you must provide your payment details and other information by midnight 21 July 2021. If you fail to comply with this deadline, you will forfeit your entitlement to receive 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.
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.
Settlement payments will be made by way of electronic funds transfer (EFT). If you are eligible to receive a settlement payment, you can log-in to your account using this website and nominate an Australian or overseas bank account to receive your settlement payment.
If you are eligible to receive a settlement payment, then you have been sent instructions by Maurice Blackburn to provide your payment details and other information.
You can log-in to your account using this website to complete these steps. In order to receive a settlement payment, you will need to:
If you are eligible to receive a settlement payment, you must provide your payment details and other information by midnight 21 July 2021. If you fail to comply with this deadline, you will forfeit your entitlement to receive a settlement payment.
The final deadline of 21 July 2021 has been fixed so that the remaining settlement funds can be distributed and the settlement administration process can then be completed. If you do not comply with this deadline, you will become ineligible to receive a settlement payment and you will therefore lose your rights to receive payment.
You can reset your password by clicking “Retrieve my password” and entering your registered email address in the “Log in” tab 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. Please check your junk or spam folder if you do not receive an email in your inbox.
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.
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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