Queensland Toll Class Action Updates

The plaintiff’s experts have completed their assessment of the “reasonable costs” of administering and collecting unpaid tolls, which goes to the issue of whether the user administration charges and administration charges paid by group members complied with the requirements of the relevant legislation or whether they were unreasonable.  The defendants’ experts are now preparing their responsive reports.

In accordance with the Court’s orders made in September 2024, the plaintiff has also now filed and served its lay evidence.

It is anticipated that the defendants will file and serve their expert reports in the coming month.

The plaintiff has also applied to amend its claim and to join two former Ministers for Transport and Main Roads in relation to the decisions they made about the administration charges to apply when tolls were not paid.  In the proposed amended claim, the plaintiff has added a claim of negligence against those Ministers, and as against the Brisbane City Council, as well as the claim of breach of statutory duty.

The matter is next listed in June 2025, when further directions will be made regarding the plaintiff’s application to amend its pleadings and join the Ministers, which is scheduled to be heard in August 2025.  We are hopeful that the matter can then be scheduled for trial.

The case is progressing well, with the plaintiff’s expert underway with the assessment of the “reasonable costs” of administering and collecting unpaid tolls. The first defendant (QMMPL) is continuing to produce further material relevant to this analysis.

As expected, the Court made orders in September 2024 that before the close of 2024, the plaintiff file and serve its lay evidence and expert reports, together with any proposed amendments to its claim to take into account the expert work.  The matter is next listed in February 2025 when we anticipate the plaintiff’s application to amend its pleadings will be formally dealt with, and that orders will be made for the defendants to file and serve their lay evidence and expert reports.

Separately, ABC’s Four Corners has investigated the significant cost to Australian drivers of paying tolls and administrative charges on major Transurban operated roads.  The full video, featuring Piper Alderman’s Greg Whyte, can be viewed on ABC iview here or via YouTube here.

Following on from the last court conference in early June 2024, the experts jointly sought further material in order for them to progress their expert reports.  On 12 July 2024, orders were made that the first defendant (QMMPL) produce that material by 30 August 2024.

 The experts are further conferring about other information requests ahead of the next court date in the week commencing 23 September 2024. At that time, we anticipate orders will be made for the filing of expert reports and any proposed amendments to the claim taking in account the expert work on the loss and damage claimed.

The parties were before the Court on 3 June 2024 to deal with instructions to the parties’ experts regarding their assessment of the “reasonable costs” of administering and collecting unpaid tolls.

As noted in previous updates, the first defendant (QMMPL) was ordered to produce various documents and information to the parties.  At this stage, the experts have been asked to examine the material provided to them to date and to identify by 28 June what further information they require in order to undertake the assessment.  The Court made clear that the experts can make future requests of QMMPL as and when necessary.

The Court has made it clear that it wants the matter to proceed more expeditiously and has made some directions about how disputes between the parties might be resolved without the need for a Court hearing. This was a positive development for the representative plaintiff.

Following the hearing on 19 October 2023, the first defendant (QMMPL) produced various documents and information (by way of witness statements) which purported to address what was required by the parties’ experts.

On 9 April 2024, orders were made, in effect, that the parties’ experts are to discuss that material and identify whether any further information is required in order for them to undertake their assessment (which is to answer questions relating to the “reasonable costs” of administering and collecting unpaid tolls).  The parties and the parties’ experts will also discuss the form of the proposed questions to the experts.

With the benefit of the experts’ views, the parties are to come back before the Court in about June or July 2024, subject to the parties’ and Court’s availability at that time.

In August 2023, the Court made an order that SLB Queensland Investments Pty Ltd be substituted as the lead plaintiff in the proceedings, in place of Adeva Home Solutions Pty Ltd.

Separately, the case is progressing well in terms of document production and expert work. The plaintiff has prepared proposed questions to its experts to opine on certain issues in the proceedings relating to the “reasonable costs” of administering and collecting unpaid tolls. At the recent hearing before Bradley J on 19 October 2023, the defendants were ordered to complete a similar exercise and prepare proposed questions for their experts. We expect that expert evidence will begin to be prepared in the first half of next year.

Also at the hearing on 19 October 2023, the defendants were ordered to produce and disclose various documents that are required by the parties’ experts in order to undertake their assessment.

The parties are next due to come back before the Court in about April 2024.

The Plaintiff has filed an application seeking to make certain amendments to its pleadings and to replace the current lead plaintiff (Adeva Home Solutions Pty Ltd), with another Queensland based entity, SLB Investments Pty Ltd (SLB), predominantly because SLB’s claims are more representative of the claims of the whole class. The parties are currently liaising with each other and the Court in relation to an appropriate date for the hearing of this application.

Separately, the Discovery Application (which was detailed in our below update of 14 December 2022) was heard on 16 and 17 March 2023. Orders were made for the defendants to produce certain documents relevant to the issues in dispute. The parties are continuing to liaise in relation to the production of these documents.

Piper Alderman, a premier national law firm with class action expertise has recently been appointed to represent the lead applicant (the Plaintiff) in the QLD Toll Class Action.

In May 2022, the Plaintiff filed an application, seeking, amongst other things, that the Defendants produce and deliver to the Plaintiff, documents relevant to the issues in dispute (the Discovery Application). The purpose of the Discovery Application is to ensure the Defendants produce all documents relevant to the dispute.

On 14 October 2022, The Honourable Justice Boddice made orders for the parties to file and serve their evidence and written submissions in relation to the Discovery Application.

A two-day Court hearing has been listed for 16 and 17 March 2023, during which the Court is expected to hear the Discovery Application and determine which documents will be disclosed to the Plaintiff.

Further updates regarding the outcome of the Discovery Application will be provided in due course.