Australian federal court dismiss Volkswagen’s $95 million appeal in Dieselgate scandal

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The Australian federal court has dismissed Volkswagen’s appeal against their $95 million fine. The appeal was surrounding Volkswagen’s part in the Dieselgate emissions scandal.

Case history 

An appeal was submitted by Volkswagen after a judgment in December 2019. The Australian federal court found that they had breached consumer laws by falsifying emissions levels 

It was concluded that Volkswagen did not disclose the existence of two-mode’ software when it sought approval to supply and import tens of thousands of vehicles into Australia between 2011 and 2015. 

‘Two-mode’ software enables the vehicle to be put into test mode to cheat emissions testing. In real world driving conditions, the emissions would be much higher. This same system has brought several other manufacturers into the spotlight for their part in the Dieselgate scandal.  

Volkswagen was asked to pay for their part in misleading the government and drivers but, soon after the 2019 decision, they appealed. 

Appeal terms 

After being ordered to pay a record $95 million, VW asked for the fine to be reduced to approximately $58 million. This is the amount the Australian Competition and Consumer Commission (ACCC) had previously suggested Volkswagen should be fined. 

In a statement to Reuters, Volkswagen said they thought a fine of  $58 million was ‘fair’ and would review the decision to consider their options.  

Last week, their appeal was denied, and Volkswagen will now have to pay the full $95 million.  

Dieselgate and My Diesel Claim 

The Australian case ione of a number of ongoing cases around the globe, after it was alleged several car manufacturers fitted defeat devices in hundreds of thousands of vehicles to cheat emissions testing.  

PGMBM is litigating against a number of the manufacturers alleged to be involved in the Dieselgate scandal. We are aiming to help drivers claim back up to £10,000 In the USA, billions of dollars have already been paid out in settlement agreements. 

To find out more, and to join the claim, head to

PGMBM (a trading name of Excello Law Limited) – SRA License Number 512898

Excello Law is authorised and regulated by the Solicitors Regulation Authority and complies with the Solicitors Code of Conduct, a copy of which can be located here.