Hino Class Action

You have likely received a notice about the Proposed Settlement because you have been identified as someone who may be a group member in the Hino Class Action, based on information provided in response to subpoenas directed to various motor vehicle registries or from data held by Hino. The Supreme Court of Victoria has ordered that the notice be sent to potential group members to let them know about the Proposed Settlement.

Between 21 March 2025 and 28 March 2025, Maurice Blackburn sent the notices (or links to the notices) to potential group members from:

• Email address: Hino@mauriceblackburn.com.au
• SMS: MBLawyers or 0428 521 698

If you received the notice or a communication, this is not a scam and you should read the notice carefully. If you think you might be a group member, you can register here.

There was a separate and overlapping class action that was commenced by Gerard Malouf & Partners (“GMP Law”) against Hino (“Maglio Proceeding”). Following a carriage contest before the Supreme Court of Victoria, the Honourable Justice Osborne decided on 15 December 2023 that the McCoy proceeding led by Maurice Blackburn should continue, and that the Maglio Proceeding should be permanently stayed (meaning it should no longer continue).

If you previously registered your interest in the claim against Hino with GMP Law, Maurice Blackburn does not have access to that registration and your prior registration with GMP Law will not be an eligible registration for the purposes of this Proposed Settlement. If you wish to participate in the Hino Class Action and the Proposed Settlement, you must take active steps to do so, by registering with Maurice Blackburn. You can register here.

Some of the key terms of the Proposed Settlement are:

• Hino will pay a sum of AU$87 million (“Settlement Sum”), inclusive of legal, administration and other costs to settle the Hino Class Action.
• The Proposed Settlement will only take effect if it is approved by the Court.
•  The lead plaintiff will apply to the Court for approval of the amounts incurred for legal costs, reimbursement payments (to compensate the lead plaintiff for the time and responsibility of representing Group Members in the proceedings) and settlement administration costs. More information about deductions can be found in Part F of the Notice of Proposed Settlement.
• All Group Members will be bound by the terms of the Proposed Settlement, if approved by the Court, and will not be permitted to take any other legal action against Hino in relation to the claims in the proceeding; and
• If the Proposed Settlement is not approved by the Court, the Hino Class Action will continue and there will be no payments to Group Members unless and until the plaintiff is successful in the proceeding, or a further settlement is reached and approved by the Court.

Further details regarding the Proposed Settlement can be found in the Notice of Proposed Settlement.

As per orders made by the Supreme Court of Victoria dated 12 March 2025, Group Members who are eligible to participate in the Proposed Settlement are those who, by 4.00PM (AEST) on 2 May 2025, have both:

• Not opted out of the Proceeding; and
• Registered with Maurice Blackburn to participate in the Hino Class Action, those persons being “Registered Group Members”.

If you think you are a Group Member and wish to participate in the Hino Class Action, you must register by 4.00PM (AEST) on 2 May 2025. You can register by clicking this link.

Class actions in Australia generally operate on an “Opt Out” basis. This means that anyone who meets the eligibility criteria is automatically part of the class action, regardless of whether they knew about the class action beforehand. If you meet the eligibility criteria and you do not wish to have your rights determined by the class action, you can opt out of the proceeding.

If you are a Group Member and you decide to opt out, you will:

• cease to be a Group Member in the Hino Class Action;
• not be bound by the outcome of the Hino Class Action (regardless of if the Proposed Settlement is approved by the Court);
• not receive any money from the Hino Class Action, including from the Proposed Settlement if approved by the Court, or in the event the Proposed Settlement is not approved, if the case succeeds at trial or reaches another agreed settlement that is approved by the Court; and
• be able to commence your own court proceedings against Hino if you wish, provided you commence that proceeding within the time limits applicable to your claim. 

If you are unsure how opting out will affect your rights, you should seek legal advice before opting out.

If you decide to opt out, you must do so by no later than 4.00PM (AEST) on 2 May 2025 by:

• completing the online opt out notice at the Supreme Court of Victoria website; or
• completing an ‘opt out notice’ (form available here) and returning the completed notice to the Registry of the Supreme Court of Victoria at the address on the form.

If you do not opt out before 4.00PM (AEST) on 2 May 2025, you will remain a group member and will be bound by the settlement if it is approved. Opt out notices received after 4.00PM (AEST) on 2 May 2025 will not be effective, unless the Court makes a further order.

All Group Members (excluding persons who opt out) have the right to object to the Proposed Settlement. Exercising your right to object to the Proposed Settlement will not affect your eligibility to participate in it in the event it is approved by the Court.

If you wish to object to the Proposed Settlement, by 4.00PM (AEST) on 30 May 2025, you need to either:

• complete and submit the Online Objection Notice through the Supreme Court of Victoria website; or
• complete the Notice of Objection form (form available here) and send it to the Court by email or post at the addresses on the form.

IMPORTANT: If you lodge a Notice of Objection, you or your legal representative must also attend the Settlement Approval Hearing (unless the Court orders otherwise), which is on 18 July 2025 in the Supreme Court of Victoria.

Signing up to participate in the Hino Class Action will not expose you to any upfront costs. If there is a successful outcome (ie. if the Proposed Settlement is approved by the Court), deductions will be made from the Settlement Sum for the costs of the proceedings. Importantly, these costs must be approved by the Court before being deducted from the Settlement Sum.

Further information about the proposed deductions can be found in section F of the Notice of Proposed Settlement.

At this stage it is not possible to provide an estimate of how much you will receive from the Proposed Settlement. This is because:

• It is not yet known how much the Court will approve to be deducted from the Settlement Sum for legal costs, settlement administration costs and a reimbursement payment to the lead plaintiff;
• It is not yet known how many group members will come forward and register their claims with Maurice Blackburn; and
• The Court has not yet approved a settlement distribution scheme. The settlement distribution scheme that is approved by the Court will detail how payments to Registered Group Members are to be calculated. The settlement distribution scheme will be available online at www.mauriceblackburn.com.au/Hino from 16 May 2025.

Further details, including details about the proposed deductions from the Settlement Sum can be found in the Notice of Proposed Settlement.

The Settlement Distribution Scheme will establish a procedure for assessing the eligibility of participating group members and distribution of the settlement sum, including the payment of final distribution amounts to participating group members.

The Settlement Distribution Scheme will be available on this website by 16 May 2025. 

Under the Proposed Settlement, the Court will be asked to approve certain deductions from the Settlement Sum. The balance of the Settlement Sum will then be distributed to Registered Group Members in accordance with the settlement distribution scheme that is approved by the Court.

The Court will be asked to approve deductions for:

1. the legal costs of Maurice Blackburn,
2. a reimbursement payment for the lead plaintiff and
3. the costs of administering the settlement.

Further information about the proposed deductions can be found in section F of the Notice of Proposed Settlement.