Queensland Tolls

Class Action

Have you paid “non payment” or overdue fees for Queensland road tolls?

If you paid administration fees on “non payment” or overdue notices issued for toll roads in Queensland, you may be eligible for compensation and are encouraged to register for this class action.

You may obtain further information about the class action, including information on whether you are eligible to make a claim for compensation, by selecting “Learn More” below.

Overview

Hilton Bradley Lawyers have commenced a class action against Queensland toll road operators (collectively “Linkt”), seeking compensation on behalf of persons that used a Queensland toll road, did not pay the required toll “on the spot” and, as a result, were invoiced for and paid additional administrative charges (“Class Members”).

The class action, referenced elsewhere online as the “Transurban class action” or the “Linkt class action”, alleges that Linkt has not complied with the Transport Infrastructure Act 1994 (Qld) and has unreasonably overcharged administration fees on unpaid tolls issued to Queensland toll road users.

Such administrative charges can amount to many thousands of dollars and cause hardship to those liable to pay them.

What is the basis of the claim?

The law in Queensland permits Linkt to charge a “reasonable” charge for their cost of administering and collecting unpaid tolls.

However, when a motorist fails to pay a toll, Linkt charges them an initial administrative fee of $8.50 in addition to the toll and if that fee is not paid within 10 days, the administration charge rises to $23.81 for every notice.

Hilton Bradley Lawyers consider these administrative charges to be excessive and not reflective of “reasonable” cost as permitted by Queensland law.

As such, the class action asserts that a bulk of administrative charges paid over the last six years should be refunded to Queensland toll road users.

Who is eligible?

You may be a Class Member and eligible to participate in the class action if you paid an administrative fee on “non payment” or overdue notices issued for toll roads in Queensland in the last six years.

Below we have included two examples of such notices you may have received:

If you are unsure about whether you are eligible to participate, please contact Hilton Bradley Lawyers at qldtollsclassaction@hiltonbradley.com.au or on 1300 240 319.

How to I register to participate in the claim?

If you think you may be eligible for compensation as a Class Member, you are encouraged to register for this class action below.

As part of the registration, you will be asked to complete and sign a Funding Agreement with LCM Funding Pty Ltd (“LCM” or “Funder”), the Litigation Funder for this case. For further information on this Agreement, see the Common Questions below.

Contact us

If you have any questions or require any assistance in registering for the class action, please contact the Hilton Bradley Lawyers team at qldtollsclassaction@hiltonbradley.com.au or on 1300 240 319.

REGISTER YOUR DETAILS

Common questions

The class action

What is a class action?

A class action (or a “representative proceeding”) is a legal proceeding in which seven or more people have claims against the same individual or corporation in respect of, or arising out of, similar circumstances, such that their claims share a substantial common factual or legal issue.

Where these criteria are met (as in the present case), class action proceedings can be commenced by one or more of the affected people (the “lead plaintiff”) on behalf of all of them (“Class Members”).

The class action process is intended to save time and expense, and avoid the need for the Courts to determine common issues of fact or law more than once. It enables disputes and claims involving large numbers of people to be resolved in a single case.

Am I a Class Member?

You may be a Class Member and eligible to participate in the class action if you paid an administrative fee on “non payment” or overdue notices issued for toll roads in Queensland in the last six years.

If you are unsure about whether you are eligible to participate, please contact the Hilton Bradley Lawyers team at qldtollsclassaction@hiltonbradley.com.au or on 1300 240 319.

Which toll roads are included?

All of the toll roads that operate in Queensland are included in this action, including:

How long will the action take?

The duration of a class action is very difficult to predict.

It is not uncommon for class actions of this type to continue for two to three years from the date of commencement to the date of judgment or approval of a settlement by the Court. In some cases, actions can be resolved sooner or continue well beyond this timeframe.

My claim

What sort of compensation will I receive if the claim is successful?

Your compensation will depend on the payments that you have made to Linkt in the relevant period, and the basis on which this claim succeeds or settles.

In a worst case scenario, you may receive no monetary compensation.  In a best case scenario, the claim might get you a sum equal to the amount that Linkt overcharged you on administrative fees (less any contribution that you will make to legal costs and the Funder’s commission).

Will it cost me anything to participate?

You do not have to pay any cost or fee to join the class action, and Class Member will have no liability for fees or legal costs associated with the class action unless the class action is successful.

LCM is the Litigation Funder that is proposing to fund this claim on a “no win, no fee” basis and to fund all legal costs and disbursements required to prosecute this claim in accordance with the terms of a Funding Agreement which Class Members are being asked to sign as part of the registration process.

If you sign the Funding Agreement, the Funder will pay all legal fees and disbursements that you incur in relation to your claim on the terms set out in that Agreement.  If the class action is successful, either because a favourable judgment is obtained or a settlement is reached, the Funder will be entitled under the Funding Agreement to recover the costs that it has paid, together with an additional commission, from the proceeds of the class action. The Funder’s commission is set out in the Funding Agreement.

Registration for the class action

I don’t live in Queensland, should I register?

Where you live does not matter. As long as you fulfil the criteria outlined above, you are a Class Member and entitled to participate in the class action.

Does it matter if it was not my vehicle?

No. If you paid the relevant administrative charge, you may be a Class Member.

Does it matter if it was my vehicle, but I was not the driver?

No. If you paid the relevant administrative charge, you may be a Class Member.

I am a company with several vehicles and drivers, should I register as a single entity?

Yes, you should register as a single entity.

Do I need to register to be a part of the class action?

No. Anyone who is entitled to be a Class Member is automatically a Class Member in the class action, whether they register or not. Class Members will be bound by the outcome of the class action unless steps are taken by them to opt out.

Registering your interest allows you to record your details and benefit from regular updates in relation to the progress of the matter. Registering does not oblige you to participate.

Funding Agreement

Do I need to sign a Funding Agreement to be part of the class action?

No. However, it is important to be aware that the costs of progressing a class action are likely to be considerable and the Funder has offered to make the up-front payment for all of those costs. All Class Members are encouraged to complete the registration process and sign a Funding Agreement.

Do I have to pay anything if I’m a Class Member and I don’t sign a Funding Agreement?

If you do not sign a Funding Agreement, you may still be required to contribute to the Funder’s commission and the costs of the class action.

Firstly, if the action is successful and achieves a recovery (through a settlement or a judgment), the Court may make an order that some of that recovery be used to pay some or all of the legal costs and disbursements incurred in prosecuting the class action.

Secondly, the Funder may ask the Court to make an order requiring all Class Members who have not signed Funding Agreements to contribute to the Funder’s commission in the same way, and to the same extent, as Class Members who have signed Funding Agreements.

If I sign a Funding Agreement, can I change my mind?

Yes. The Funding Agreement offers a cooling-off period of 15 business days.

For additional information about the action and to determine your losses, please contact Hilton Bradley Lawyers at qldtollsclassaction@hiltonbradley.com.au or on 1300 240 319.

Prosecuted by

Hilton Bradley Lawyers

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Funded by

Litigation Capital Management

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