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Australian judge may order Tesla access to engineering systems in class action

Created at 1 Sep · 2:12 AM1 source↑ Market-relevant
IN SHORT

An Australian judge is considering ordering Tesla to grant an independent expert access to its internal engineering systems as part of a class action lawsuit alleging "phantom braking" and overstated capabilities in Model 3 and Model Y vehicles. The move aims to expedite the discovery process.

Key Numbers

10,000Tesla owners represented in class action
February 2025Date lawsuit was filed
November 12Date matter returns to court

Who's Involved

Tom Thawley
Federal Court judge considering order
Fiona Roughley
Lawyer representing Tesla owners
Imtiaz Ahmed
Lawyer representing Tesla
Elon Musk
Leads Tesla carmaker
Australian judge may order Tesla access to engineering systems in class action

↳ Why This Matters

This development could significantly impact the discovery process in high-stakes class action lawsuits against technology companies, potentially setting a precedent for how access to proprietary engineering systems is handled in legal proceedings.

Key facts

  • An Australian judge is considering ordering Tesla to grant an independent expert access to its internal engineering systems.
  • The class action lawsuit alleges "phantom braking" and overstated capabilities in Tesla Model 3 and Model Y vehicles.
  • Tesla claims its engineering systems are live, continuously edited software platforms without point-in-time records.
  • The judge suggested this approach to bypass a lengthy discovery process.
  • The case is scheduled to return to court on November 12.

    • An Australian judge has indicated he may order Tesla to provide an independent expert with access to its internal engineering systems as part of an ongoing class action lawsuit. The suit, filed in February 2025, accuses Tesla's Model 3 and Model Y vehicles of experiencing "phantom braking" and having overstated self-driving capabilities and battery range.

    Federal Court judge Tom Thawley proposed the appointment of an independent expert after lawyers for approximately 10,000 Tesla owners complained that the documents provided by the company were insufficient for the case. Thawley suggested that an expert endorsed by both parties could resolve discovery issues by having the authority to access necessary systems directly.

    Tesla has stated that it has provided thousands of documents in good faith, but its engineering platforms are live and continuously updated, lacking point-in-time records. The judge believes a court-appointed expert would be more cost-effective and faster than disputes over document discovery, and he is prepared to consider ordering such access despite potential objections from the parties.

    Lawyers for both Tesla and the applicants are seeking instructions regarding the judge's suggestion. Fiona Roughley, representing the applicants, found the idea logical, while Imtiaz Ahmed, representing Tesla, noted the confidential nature of the company's systems. The court is set to revisit the matter on November 12.

    Frequently asked questions

    The lawsuit alleges that Tesla's Model 3 and Model Y vehicles suffer from "phantom braking" and that their advertised self-driving capabilities and battery range were overstated.

    The judge suggested this to bypass a lengthy discovery process, as lawyers for the applicants claim Tesla's provided documents lack crucial technical information.

    Tesla states that its engineers use live, continuously edited software platforms that do not keep point-in-time records, making traditional document discovery difficult.

    The court is scheduled to revisit the issue on November 12.

    What Happens Next

    01The matter returns to court on November 12 for further consideration.

    How It Developed

    A class action lawsuit was filed against Tesla in February 2025.
    The lawsuit alleges "phantom braking" and overstated self-driving and battery range capabilities in Model 3 and Model Y vehicles.
    Lawyers for Tesla owners complained that documents provided by Tesla lacked crucial technical information.
    An Australian judge suggested appointing an independent expert with access to Tesla's engineering systems.
    Tesla stated its engineers use live, continuously edited software platforms without point-in-time records.
    The judge indicated he would consider ordering access even if parties objected.
    The matter returns to court on November 12.

    Sources

    T1
    Australian judge floats giving court-appointed expert access to Tesla's engineering systemsReuters

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