Hino Motors Group Proceeding (Class Action)

This is a group proceeding (class action) brought on behalf of persons in Australia who, by 17 April 2023, purchased, leased or otherwise acquired an interest in a Hino brand vehicle fitted with a diesel engine that was manufactured during the period from 1 January 2003 to 22 August 2022.

It is alleged that Hino Motors Ltd and Hino Motor Sales Australia Pty Ltd (together Hino) breached the Australian Consumer Law, engaged in misleading and deceptive conduct and unconscionable conduct by misreporting and misrepresenting the fuel efficiency and emissions performance of certain Hino diesel vehicles. 

The plaintiff and group members say they have suffered loss and damage and seek compensation. The defendants deny the claim is maintainable. 

On 15 December 2024, Justice M Osborne handed down a ruling that the related group proceeding Maglio v Hino Motor Sales Australia Pty Ltd (S ECI 2022 03869) be permanently stayed.

IMPORTANT INFORMATION ABOUT REGISTRATION, OPTING OUT AND THE PROPOSED SETTLEMENT

On 12 March 2025, the Court approved a Notice of Proposed Settlement to be sent to group members. Group members should read the Notice carefully as the matters set out in the notice may affect their legal rights.

Notice of Proposed Settlement

Abridged Notice of Proposed Settlement

If you are, or you think that you may be a group member, you should read the documents carefully. The Notice (a copy of which is above) contains important information about your rights to: 

(1) register your claim in the proceeding; or 
(2) opt out of the proceeding.

In summary, if you fall within the definition of a group member, you have three options:

OPTION 1 – REGISTER YOUR INTEREST TO RECEIVE COMPENSATION

If you want to be eligible to claim money from the Proposed Settlement, you must register your claim by 4:00PM (AEST) on 2 May 2025.

To register your claim to be eligible to participate in the Proposed Settlement, you must register online with Maurice Blackburn Lawyers (who are acting for the lead plaintiff in the Hino Class Action) at www.mauriceblackburn.com.au/Hino.

OPTION 2 – OPT OUT AND CEASE TO BE A GROUP MEMBER 

If you do not want your rights determined by the class action you must opt out by 4:00PM (AEST) on 2 May 2025.
To opt out, you must either:

• complete the Online Opt Out Notice; or
• complete the Opt Out Notice found at Annexure C of the Notice and return a copy via email or post to the address on the Notice for the Registry of the Supreme Court of Victoria. 

OPTION 3 – DO NOTHING

If you do not register by 4:00pm (AEST) on 2 May 2025 and the Proposed Settlement is approved by the Court, you will not be entitled to any compensation, but you will be bound by the settlement.

The definition of a "group member" is set out in the Notice.

OBJECTING TO THE PROPOSED SETTLEMENT

If you are content with the proposed settlement, and do not want to object to it, you do not need to do anything in response to the Notice.

If you wish to object to the proposed settlement you must, by no later than 4:00PM (AEST) on 30 May 2025, either:

• complete the Online Objection Notice; or
• complete the ‘Notice of Objection’ form found at Annexure B of the Notice of Proposed Settlement above, and send it to the Court by email or post at the addresses on the form.

If you lodge a Notice of Objection, you must also attend, or have your legal representative attend the settlement approval hearing (unless the Court orders otherwise) on 18 July 2025 at 10:00am (AEST) in the Supreme Court of Victoria.

Further details regarding the hearing will be published on this webpage closer to the hearing date.