ABS defect class action against Hyundai and Kia

A class action is a legal proceeding where seven or more people have claims against the same defendant in respect of, or arising out of similar circumstances, such that 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 on behalf of some or all of them. Class actions enable disputes and claims involving large numbers of people to be resolved through a single case, saving time and expense by avoiding the need for the court to determine common issues of fact or law more than once.

You do not need to register or sign up to be a group member in the class action. However, we would encourage you to register so that we have the details of your claim. Regular updates on the class action will be published on our website, and you can follow our social media accounts to get alerted to updates.

Signing up to this class action will not expose you to any upfront costs. All costs in the proceeding will be borne by Maurice Blackburn unless and until there is a successful outcome. In the event of a successful outcome, any costs payable by Maurice Blackburn will be deducted from, and will not exceed, any compensation you are entitled to receive. All such costs are required to be considered and approved by the Court. 

Read more about class actions costs.

Nothing.

As a member of the class (and not the Representative Plaintiff, in whose name the case has been brought), an adverse costs order may not be made directly against you in respect of the determination of the common issues in the class action. Unless and until there is a successful outcome, all costs will be borne by Maurice Blackburn. 

Yes, you are still eligible to register for the class action if:

• you have since sold your affected vehicle; or
• the vehicle has been written off or stolen.

At a later stage, we will request more information about your circumstances.

No, you are eligible to register to participate in the class actions, even if you have not experienced any problems with your Anti-Lock Braking system or Hydraulic Electronic Control Unit.

It is difficult at such an early stage to predict how much you can ultimately recover as a result of losses related to the ABS defect. However, we will be seeking the maximum recovery available under the law.

It is too early to predict how long the class actions will take, so we are unable to provide any guidance on likely timeframes at this stage. As with all class actions of this scale and complexity, it can sometimes take several years before a claim is resolved, depending on many factors including how the defendants respond to the case. We are continuing to work hard to obtain the best possible outcome for group members as soon as possible.

The next case management hearing is scheduled for 21 August 2026. We expect that at this hearing the Court may make orders setting the dates for the trial of the class actions. This website will be updated following the hearing.

The class action does not cover issues which are unrelated to the ABS defect. For example, if your vehicle has other mechanical faults unrelated to the ABS defect, these will not be covered by this class action, and we will not be claiming compensation for these kinds of mechanical faults.

You should continue to have your car serviced and repaired as normal. Class actions can take years to resolve and so it is important that you ensure your car is maintained and serviced as you normally would.

No. At a later stage, you will be asked to provide further information about your vehicle, but at this stage, we will only require information requested via completing a registration on the portal.

The class action seeks compensation for losses incurred as a result of the alleged defects in the ABS of Affected Vehicles and covers:

• any loss or damage suffered as a result of reduction in value of an Affected Vehicle at the time of supply;
• any loss or damage you suffered as a result of any misleading or deceptive conduct engaged in by Hyundai or Kia in connection with marketing and selling the Affected Vehicles; and
• any reasonably foreseeable loss or damage you suffered as a result of your Affected Vehicle not being of acceptable quality. For example, these losses might include excess GST, excess stamp duty, excess financing costs, excess inspection, service and repair costs, lost income and damages for loss of amenity, vexation, distress and disappointment.

If you sell or have sold your vehicle, you will no longer be entitled to receive damages for any reduction in value of your vehicle under s 272(1)(a) of the Australian Consumer Law.

However, if you have sold or sell your vehicle you can still register and you may still be entitled to receive compensation for:

• any loss or damage you suffered as a result of any misleading or deceptive conduct engaged in by Hyundai or Kia in connection with marketing and selling the Affected Vehicles; and
• any reasonably foreseeable loss or damage you suffered as a result of your Affected Vehicle not being of acceptable quality. For example, these losses might include excess GST, excess stamp duty, excess financing costs, excess inspection, service and repair costs, lost income and damages for loss of amenity, vexation, distress and disappointment.

Maurice Blackburn is Australia’s leading class actions law firm with an unparalleled record of helping our clients secure the nations’ largest class actions recoveries, totalling over $3.7 billion since 1998. 

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