Register your interest
If you purchased or leased one of the vehicles mentioned above with a 4-cylinder Theta II MPI or GDI, Gamma GDI or Nu MPI or GDI petrol engine, you may be a group member in the class action. This may be the case regardless of:
whether you purchased your vehicle new or second hand
whether you still own your vehicle or have already sold it
whether you experienced any of the engine faults referred to above or not
whether your vehicle or its engine has already been repaired or replaced (by Hyundai or someone else, under warranty or otherwise)
If you think you may be a group member, you can register your interest in being part of the class action by completing the registration form below.
NOTE TO ALL NEW SOUTH WALES RESIDENTS: If you own an Affected Vehicle covered by the Hyundai Engine Class Action and:
- have recently experienced a serious engine failure (i.e. your vehicle is undriveable in its current state, and the engine needs to be replaced or repaired), or
- you have not experienced a serious engine failure, but your engine is clearly demonstrating the faults or symptoms described below (under the heading “Claim against Hyundai”),
in addition to registering your interest below, please email us at contact@hyundaiengineclassaction.com.au and tell us about your circumstances. An inspection of your vehicle may be of assistance in the conduct of the class action. We can discuss with you further what would be required to facilitate this. We note that we are currently primarily looking to inspect vehicles of those group members who reside in New South Wales, but may also consider vehicles located in other States and Territories. If your engine has already been repaired or replaced, there is no need to contact us directly unless you still possess the failed engine.
Frequently asked questions
Everything you need to know about this class action
1. What is a class action?
A class action (also known as a representative proceeding) is a legal proceeding where seven or more people have claims against the same individual or corporation in respect of or arising out of similar circumstances and their claims give rise to a substantial common issue of law or fact. Where these criteria are met, class action proceedings can be commenced by one or more of those people (the applicants) on behalf of some or all of them. A class action enables disputes and claims involving large numbers of people to be resolved via a single case.
2. What is the Hyundai Engine Class Action about?
The action alleges that numerous vehicles sold by Hyundai were sold with engines that were manufactured and/or designed defectively and therefore did not comply with statutory warranties to as to acceptable quality or express warranties in advertising material about the vehicle’s quality, reliability, durability and safety, and that Hyundai’s advertising of the vehicles was misleading or deceptive. For more information about what is alleged in the proceeding and the nature of the alleged defects, please click here.
3. Which Hyundai vehicles are affected?
If we have previously advised you that you are not covered by the class action, please check again, as the situation may have changed. The vehicles covered by the class action include certain 4-cylinder petrol-engined variants with Theta II MPI and GDI, Gamma GDI and Nu MPI and GDI engines.
MPI refers to engines with multi-point injection, and GDI refers to engines with gasoline direct injection.
Your vehicle has a Theta II MPI engine if it has an engine number or code starting with G4KD (2.0 litre), G4KE (2.4 litre) or G4KG (2.4 litre).
Your vehicle has a Theta II GDI engine if it has an engine number or code starting with G4KH (2.0 litre turbo) or G4KJ (2.4 litre).
Your vehicle has a Gamma GDI engine if it has an engine number or code starting with G4FD (1.6 litre) or G4FJ (1.6 litre turbo).
Your vehicle has a Nu GDI engine if it has an engine number or code starting with G4NC (2.0 litre).
Your vehicle has a Nu MPI engine if it has an engine number or code starting with G4NB (1.8 litre), G4NA (2.0 litre) or G4NH (2.0 litre).
Customers who bought one of the affected vehicles with a relevant engine after 1 January 2011, whether new or used, may be group members in the class action. The actions affect potentially hundreds of thousands of vehicles sold in Australia over that period. For a list of the affected vehicles models, please click here.
MPI refers to engines with multi-point injection, and GDI refers to engines with gasoline direct injection.
Your vehicle has a Theta II MPI engine if it has an engine number or code starting with G4KD (2.0 litre), G4KE (2.4 litre) or G4KG (2.4 litre).
Your vehicle has a Theta II GDI engine if it has an engine number or code starting with G4KH (2.0 litre turbo) or G4KJ (2.4 litre).
Your vehicle has a Gamma GDI engine if it has an engine number or code starting with G4FD (1.6 litre) or G4FJ (1.6 litre turbo).
Your vehicle has a Nu GDI engine if it has an engine number or code starting with G4NC (2.0 litre).
Your vehicle has a Nu MPI engine if it has an engine number or code starting with G4NB (1.8 litre), G4NA (2.0 litre) or G4NH (2.0 litre).
Customers who bought one of the affected vehicles with a relevant engine after 1 January 2011, whether new or used, may be group members in the class action. The actions affect potentially hundreds of thousands of vehicles sold in Australia over that period. For a list of the affected vehicles models, please click here.
4. What if my vehicle is not listed above?
If your vehicle is not one of the those listed above, and does not have one of the particular engines types listed above, you will not be a member of the class action (unless the list of affected vehicles changes in the future to include your vehicle).
In particular, please note that vehicles with 6-cylinder engines, and vehicles with diesel engines, are not currently covered by the class action.
In particular, please note that vehicles with 6-cylinder engines, and vehicles with diesel engines, are not currently covered by the class action.
5. Are diesel-engined vehicles included?
Vehicles with diesel engines are not currently covered by the class action.
6. Does the Hyundai Engine Class Action extend to people outside of Australia?
Currently, the Hyundai Engine Class Action only extends to consumers who have purchased Affected Vehicles in Australia.
7. Am I a group member?
You may be a group member in the class action if between 1 January 2011 and 24 August 2026:
· you purchased or leased an Affected Vehicle (see the list of Affected Vehicles here); and
· you did not acquire the Affected Vehicle in an auction; and
· you did not acquire the Affected Vehicle for the purposes of re-supply; and
· you acquired the Affected Vehicle from a Hyundai dealership or other retailer (such as a used car dealer) or from any person who acquired the vehicle directly from a Hyundai dealership or other retailer.
If you meet the criteria described above, and your vehicle is one of the Affected Vehicles with the necessary engine type, then you are automatically a group member and do not need to take any further steps to become one. Group members will be bound by the outcome of the class action unless they take steps to “opt out” of the Proceeding.
If you think you may be a group member, but are not sure, we encourage you to register your details here.
· you purchased or leased an Affected Vehicle (see the list of Affected Vehicles here); and
· you did not acquire the Affected Vehicle in an auction; and
· you did not acquire the Affected Vehicle for the purposes of re-supply; and
· you acquired the Affected Vehicle from a Hyundai dealership or other retailer (such as a used car dealer) or from any person who acquired the vehicle directly from a Hyundai dealership or other retailer.
If you meet the criteria described above, and your vehicle is one of the Affected Vehicles with the necessary engine type, then you are automatically a group member and do not need to take any further steps to become one. Group members will be bound by the outcome of the class action unless they take steps to “opt out” of the Proceeding.
If you think you may be a group member, but are not sure, we encourage you to register your details here.
8. Do I need to register or sign up to be a group member?
No, anyone who acquired an Affected Vehicle (see the list of Affected Vehicles here) and otherwise satisfies the relevant criteria is automatically a group member unless and until they opt out of the class action. However, if you think you may be a group member, we encourage you to register with us here, which will make it easier for us to contact you and provide you updates and notices in relation to the class action. It will also mean that we have your contact details on record in the event there is an outcome (such as a settlement or a judgment of the court) which results in damages being awarded to group members.
9. I have registered for the class action. What do I need to do now?
At this stage, we are still processing registrations. The Court has not yet made any orders in relation to specific communications with group members. There are no further steps you are required to take at this time. You will be informed in due course when any further action is required.
10. I bought my vehicle second hand. Am I a group member?
The proceeding has been commenced on the basis that individuals who acquired an Affected Vehicle second hand may be group members so long as they acquired the Affected Vehicle:
· from a Hyundai dealership;
· from another retailer (such as a used car dealer); or
· from any person who acquired the vehicle from a Hyundai dealership or other retailer.
You will not be a group member if you acquired the Affected Vehicle at auction or for the purposes of re-supply, or from a person who acquired the Affected Vehicle for the purposes of re-supply.
· from a Hyundai dealership;
· from another retailer (such as a used car dealer); or
· from any person who acquired the vehicle from a Hyundai dealership or other retailer.
You will not be a group member if you acquired the Affected Vehicle at auction or for the purposes of re-supply, or from a person who acquired the Affected Vehicle for the purposes of re-supply.
11. I’ve already sold my vehicle. Am I a group member?
Yes, so long as at the time you acquired the Affected Vehicle you met the criteria described in the answer here, you will be what is called a “Group B Member” in the proceeding. If you are currently considering selling or disposing of your vehicle, or of your legal interest in it, please also read FAQ 12 below regarding how that decision may impact your potential entitlements from the class action (if it is successful).
12. Will I be affected if I decide to sell or dispose of my vehicle?
If you are currently considering selling your ‘Affected Vehicle’, or your legal interest in it (such as subject to a lease hire agreement), please take note of the following.
In this class action, on behalf of the Group Members, the lead applicant has made claims for two kinds of compensation: reduction in value loss (being the difference between the purchase price of the Affected Vehicle and its true value at the time of supply, having regard to all things known about the alleged engine defect at the time of assessment) and consequential loss (the out-of-pocket costs and expenses incurred due to the alleged engine defect, including any relevant loss on any resale).
Following a recent decision of the High Court of Australia in a separate motor vehicle class action, it has been confirmed that if an alleged engine defect is proven to exist in a cohort of affected vehicles, only those persons that continue to own, or retain their legal interest in, their affected vehicle (that is ‘Group A Members’ in this class action) may been titled to recover compensation for reduction in value loss as well as any relevant consequential loss, whereas those persons who have already sold, or sold their legal interest in, their affected vehicle (that is ‘Group B Members’ in this class action) may be able to recover consequential losses only.
Specifically, for those Group A Members in this class action who are thinking of selling, or selling their legal interest in, their Affected Vehicle, this will not prevent you from remaining a Group Member, but you will become a Group B Member. Accordingly, upon any resale or sale of interest, any entitlement you may have to recover compensation may be limited to consequential loss only.
We note, if you would continue to meet the criteria described in the answer to (FAQ 7 here) following any contemplated resale, or sale of interest in, your Affected Vehicle, you would continue to qualify as Group B Member in this class action.
In this class action, on behalf of the Group Members, the lead applicant has made claims for two kinds of compensation: reduction in value loss (being the difference between the purchase price of the Affected Vehicle and its true value at the time of supply, having regard to all things known about the alleged engine defect at the time of assessment) and consequential loss (the out-of-pocket costs and expenses incurred due to the alleged engine defect, including any relevant loss on any resale).
Following a recent decision of the High Court of Australia in a separate motor vehicle class action, it has been confirmed that if an alleged engine defect is proven to exist in a cohort of affected vehicles, only those persons that continue to own, or retain their legal interest in, their affected vehicle (that is ‘Group A Members’ in this class action) may been titled to recover compensation for reduction in value loss as well as any relevant consequential loss, whereas those persons who have already sold, or sold their legal interest in, their affected vehicle (that is ‘Group B Members’ in this class action) may be able to recover consequential losses only.
Specifically, for those Group A Members in this class action who are thinking of selling, or selling their legal interest in, their Affected Vehicle, this will not prevent you from remaining a Group Member, but you will become a Group B Member. Accordingly, upon any resale or sale of interest, any entitlement you may have to recover compensation may be limited to consequential loss only.
We note, if you would continue to meet the criteria described in the answer to (FAQ 7 here) following any contemplated resale, or sale of interest in, your Affected Vehicle, you would continue to qualify as Group B Member in this class action.
13. I have not experienced any issues with my vehicle’s engine yet. Am I a group member?
Yes, so long as at the time you acquired the Affected Vehicle you met the criteria described in the answer here.
14. I am currently experiencing problems with the engine in my Hyundai – what should I do?
If you own an affected vehicle covered by the Hyundai Engine Class Action and are currently experiencing problems with the engine of the kind described above, you should first contact Hyundai and/or your local Hyundai dealer about the problems to see whether Hyundai is willing to repair your vehicle (whether your vehicle is still under warranty or not). If your engine is clearly demonstrating faults or symptoms of this kind, you may also wish to contact us at contact@hyundaiengineclassaction.com.au.
If your engine has recently suffered a serious failure (such as a complete engine failure or fire) and has not yet been replaced, please also contact us at contact@hyundaiengineclassaction.com.au as an inspection of your vehicle may be of assistance in the conduct of the class action. We can discuss with you further what would be required to facilitate this.
If you have the problems with your vehicle inspected or diagnosed by a Hyundai dealer or other independent mechanic or expert, you should seek a report of their findings in writing and retain a copy, together with any records of the costs you incurred in relation to the inspection.
If you have your vehicle repaired, you should keep copies of all records and communications associated with the repair and the costs of the repair (including associated costs such as loan car or transport costs, loss of income, etc. while you are without the use of your vehicle while it is being repaired).
If Hyundai is unwilling to repair your vehicle without charge, and you are unable or unwilling to pay the cost to repair your vehicle yourself (including potentially replacing the engine), you should keep copies of all records and communications associated with the costs you incur as a result of the engine problems, such as the costs of purchasing a replacement vehicle or using alternative transport (such as public transport or a loan car), loss of income, etc. while you are without the use of your vehicle. We also recommend that you keep records of all of your communications with Hyundai and/or the relevant Hyundai dealer in relation to your vehicle.
If you decide to sell your vehicle, you should keep copies of all records and communications associated with the sale, particularly if the price you are able to sell your vehicle for is less because of the problems you are experiencing with the engine. Please also read FAQ 12 above regarding how selling or disposing of your vehicle may impact your potential entitlements from the class action (if it is successful).
If your engine has recently suffered a serious failure (such as a complete engine failure or fire) and has not yet been replaced, please also contact us at contact@hyundaiengineclassaction.com.au as an inspection of your vehicle may be of assistance in the conduct of the class action. We can discuss with you further what would be required to facilitate this.
If you have the problems with your vehicle inspected or diagnosed by a Hyundai dealer or other independent mechanic or expert, you should seek a report of their findings in writing and retain a copy, together with any records of the costs you incurred in relation to the inspection.
If you have your vehicle repaired, you should keep copies of all records and communications associated with the repair and the costs of the repair (including associated costs such as loan car or transport costs, loss of income, etc. while you are without the use of your vehicle while it is being repaired).
If Hyundai is unwilling to repair your vehicle without charge, and you are unable or unwilling to pay the cost to repair your vehicle yourself (including potentially replacing the engine), you should keep copies of all records and communications associated with the costs you incur as a result of the engine problems, such as the costs of purchasing a replacement vehicle or using alternative transport (such as public transport or a loan car), loss of income, etc. while you are without the use of your vehicle. We also recommend that you keep records of all of your communications with Hyundai and/or the relevant Hyundai dealer in relation to your vehicle.
If you decide to sell your vehicle, you should keep copies of all records and communications associated with the sale, particularly if the price you are able to sell your vehicle for is less because of the problems you are experiencing with the engine. Please also read FAQ 12 above regarding how selling or disposing of your vehicle may impact your potential entitlements from the class action (if it is successful).
15. I do not want to be a group member. What do I do?
The proceeding is an “open class action”, meaning the applicant has commenced the class action on behalf of all group members. In an open class action, any group member who does not wish to participate must “opt out” of the class action. This process is regulated by the Court and will most likely involve all group members receiving a notice in due course which describes how they can elect to opt of the proceeding if they wish to do so.
16. What will it cost me to be part of the class action?
Group members will not be responsible for legal costs incurred in the prosecution of the claims against Hyundai by the applicant.
17. How long will the class action take?
It is not possible to say exactly how long the proceeding will take. The proceeding was commenced on 15 February 2023. Class actions can be quite long, and could take anywhere from six months to several years for the claims to be heard and determined or otherwise resolved.
18. Who are the lawyers running the proceeding?
Johnson Winter Slattery are the solicitors on the record in the proceeding for the applicant.
19. I have registered for the class action. Can the Hyundai Engine Class Action Team provide me with individual legal advice?
Unfortunately, we are unable to provide you with legal advice regarding your individual situation. As lawyers, we act for the lead applicant in the proceedings. We do not act as the lawyers for the group members, but are required to act in the interests of the group members as a whole.
While we are unable to provide legal advice regarding your individual situation, if you have experienced or are currently experiencing issues with the engine in your vehicle (see FAQ 14), you should keep written records of any costs you incur in making repairs to your vehicle, or any costs you incur as a result of the difficulties you are having with your vehicle (such as loan car or transport costs, loss of income, etc. while you are without the use of your vehicle).
We also recommend that you keep records of any communications with Hyundai and/or the relevant Hyundai dealer in relation to problems you are having with your vehicle.
If your engine has recently suffered a serious failure (such as a complete engine failure or fire) and has not yet been replaced, please also contact us at contact@hyundaiengineclassaction.com.au as an inspection of your vehicle may be of assistance in the conduct of the class action. We can discuss with you further what would be required to facilitate this.
While we are unable to provide legal advice regarding your individual situation, if you have experienced or are currently experiencing issues with the engine in your vehicle (see FAQ 14), you should keep written records of any costs you incur in making repairs to your vehicle, or any costs you incur as a result of the difficulties you are having with your vehicle (such as loan car or transport costs, loss of income, etc. while you are without the use of your vehicle).
We also recommend that you keep records of any communications with Hyundai and/or the relevant Hyundai dealer in relation to problems you are having with your vehicle.
If your engine has recently suffered a serious failure (such as a complete engine failure or fire) and has not yet been replaced, please also contact us at contact@hyundaiengineclassaction.com.au as an inspection of your vehicle may be of assistance in the conduct of the class action. We can discuss with you further what would be required to facilitate this.
20. Who is funding the proceeding?
The proceeding is being funded by Woodsford, a leading global ESG, access to justice and litigation finance business.
Media
whichcar.com.au
Feb 20, 2023
Class action launched against Hyundai and Kia over 'defective' engines
Lawyers allege numerous vehicles sold by the carmakers in Australia were offered for sale with engines that were manufactured or designed defectively.
drive.com.au
Feb 17, 2023
Hyundai and Kia hit with class action: Engine fires, failures, 500,000 cars affected
Up to half-a-million owners of Hyundai and Kia cars in Australia are being urged to sign up to a class action – lodged in Federal Court this week – due to the high risk of engine failures and fires.
lawyersweekly.com.au
Feb 16, 2023
2 more class actions launched against Hyundai, Kia
Two more class actions have been launched against Hyundai and Kia, after allegations that the motor companies sold vehicles that they knew were defective.
Contact us
You can email us at contact@hyundaiengineclassaction.com.au or by filling out the form below.