Queensland Toll Class Action Updates

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.