Frequently Asked Questions   

Nature of Settlement

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

What are the class actions about?

What does the settlement involve?

Am I eligible to claim 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?

When will the proposed settlement be considered by the Federal Court?

Can I object to the proposed settlement?

Can I object to the proposed “funding order” and/or “funding equalisation order”?

Register a Claim for a Settlement Payment

How do I register a claim for a settlement payment?

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

What information do I need to provide to register a claim for a settlement payment?

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 proposed settlement?

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

A copy of the Settlement Scheme is also available here

 

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.

 

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. If approved by the Federal Court of Australia, the Volkswagen Group has, without admission of liability, agreed to pay between AU$87 million and AU$127.1 million to eligible Australian motorists plus legal costs and other payments.

 

Am I eligible to claim a settlement payment?

Under the proposed 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 claim a settlement payment, you need to register your claim with us. You must register your claim even if you have previously registered your details with Maurice Blackburn or Bannister Law. 

You can register your claim for a settlement payment by clicking the Register tab above and following the instructions.

The deadline to register your claim is 10 March 2020. If you fail to register by that date, you will not be entitled to receive any settlement payment.

 

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

Under the proposed 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.

 

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 Register 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 2009 - 2015

Passat CC

MY 2009 - 2012

Volkswagen CC

MY 2012 - 2016

Eos

MY 2009 - 2014

Tiguan

MY 2008 - 2016

Caddy

MY 2010 - 2016

Amarok

MY 2011 - 2012

Skoda

Octavia

MY 2008 - 2013

Yeti

MY 2012 - 2016

Superb

MY 2009 - 2015

Audi

A1

MY 2010 - 2015

A3 (1.6L)

MY 2009 - 2013

A3 (2.0L)

MY 2011 - 2013

A4

MY 2008 - 2015

A5

MY 2012 - 2016

A6

MY 2009 - 2015

Q3

MY 2012 - 2014

Audi

TT

MY 2009 - 2014

Q5 (CAH Engine)

MY 2009 - 2011

Q5 (CGL Engine)

MY 2009 - 2016

 

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 will be determined by the lawyers acting for the applicants, subject to the approval of the Federal Court. The amount 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.

If you are eligible to receive a settlement payment and if the proposed settlement is approved by the Federal Court of Australia, then you will be notified as soon as practicable after this time of the amount of your individual settlement payment.

 

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 proposed settlement.

If the settlement is approved, then 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.

However, it is possible that amounts will be deducted to pay the litigation funder in the Bannister Law class actions, Grosvenor Litigation Services, if the Federal Court of Australia grants the “funding order” and/or “funding equalisation order” that is sought by the applicants in those class actions. This is explained in more detail in the Settlement Notice. The Federal Court will consider whether to grant those orders on 26 March 2020, in Sydney in the Law Courts Building at Queens Square.

If you have any questions about the funding order and/or funding equalisation order, then you should contact Bannister Law by telephone on 1300 728 760 or by email at vwclients@bannisterlaw.com.au.

 

When will I receive a settlement payment?

The Federal Court of Australia must approve the proposed settlement before it can be implemented and before any settlement payments can be made. The Federal Court will be asked to approve the proposed settlement on 26 March 2020, in Sydney in the Law Courts Building at Queens Square. You may attend this hearing if you wish, although you are not required to do so.

If the settlement is approved by the Federal Court, then settlement payments will be distributed as soon as practicable after this time.

 

When will the proposed settlement be considered by the Federal Court?

The Federal Court of Australia will be asked to approve the proposed settlement on 26 March 2020, in Sydney in the Law Courts Building at Queens Square. You may attend this hearing if you wish, although you are not required to do so.

The Federal Court will also consider whether to grant the “funding order” and/or “funding equalisation order” sought by the applicants in the Bannister Law class actions at that time.

 

Can I object to the proposed settlement?

Yes. If you would like to object to the proposed settlement, you must register your objection online at www.vwsettlement.com.au/objections by 10 March 2020.  You may also, but do not need to, attend the hearing at which the Federal Court of Australia will be asked to approve the proposed settlement, which will occur on 26 March 2020, in Sydney in the Law Courts Building at Queens Square.

 

Can I object to the proposed “funding order” and/or “funding equalisation order”?

Yes. If you would like to object to the proposed “funding order” and/or “funding equalisation order”, you must register your objection online at www.vwsettlement.com.au/objections by 10 March 2020.  You may also, but do not need to, attend the hearing at which the Federal Court of Australia will be asked to grant those orders, which will occur on 26 March 2020, in Sydney in the Law Courts Building at Queens Square.

 

Register a Claim for a Settlement Payment

How do I register a claim for a settlement payment?

You can register a claim for a settlement payment by clicking the Register tab above and following the instructions. In order to claim a settlement payment, you must register your claim even if you have previously registered your details with Maurice Blackburn or Bannister Law.

If you have previously registered your details with Maurice Blackburn, then you can log-in and complete your claim using the email address and password you previously used for the Maurice Blackburn Portal.

If you previously registered your details with Bannister Law, then you should have received an email from Maurice Blackburn containing instructions and a unique link to register and complete your claim.

If you have multiple affected vehicles, you can add additional vehicles to your claim later.

If you would like to register a claim in respect of 10 or more vehicles, please contact us directly by email at vwfleets@mauriceblackburn.com.au or by telephone on 1800 517 397.

 

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

The deadline to register a claim for a settlement payment is 10 March 2020. If you fail to register by that date, you will not be entitled to receive any settlement payment.

 

What information do I need to provide to register a claim for a settlement payment?

In order to register a claim for a settlement payment, you will be required to provide the following information, which we recommend finding or obtaining before you begin the registration process:

  • 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; and
  • 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 had an interest in the affected vehicle as at either 18 September 2015 or 3 October 2015. In the event of this, we encourage you to provide a certificate of registration for the vehicle, which records its VIN and your name, from before and after either of those dates.

 

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

Under the proposed settlement, you are required to provide a VIN (Vehicle Identification Number) for your affected vehicle in order to register a claim for a settlement payment. 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.

 

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.

 

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 Register 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.

 

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.

 

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.

Confirmation Content