The Ford Class Action was listed for hearing for six weeks beginning on 15 June 2020.
The hearing, presided over by Justice Perram of the Federal Court of Australia, concluded on 24 July 2020.
Over the course of the hearing, the court heard from several lay witnesses, including group members who own or have owned an Affected Vehicle, and several employees of Ford Australia. The court also heard from several expert witnesses including: (a) mechanical engineers in relation to the mechanical condition of the Affected Vehicles; and (b) economists and valuers in relation to the calculation of loss.
Justice Perram has now formally reserved judgment on this matter. This means that Justice Perram will provide his decision in relation to the Ford Class Action, and his Honour’s reasons for it, at a later date.
In cases of this size and complexity, it can often take a long time for the court to review all of the evidence and submissions, and publish a decision. We think that the earliest possible date for a decision is sometime in early 2021, but that the Court may well need longer than that and that it may be mid- to late- 2021 before a decision is made.
The Court will email the parties to advise when the decision is ready. Once a decision has been made, we will contact people who have provided their contact details to us. You can provide your contact details to us by registering here
Between 2011 and mid-2016, Ford sold approximately 70,000 Focus, Fiesta and Ecosport vehicles fitted with a PowerShift dual-clutch transmission in Australia.
PowerShift was meant to be “the transmission of the future”. However, owners of PowerShift vehicles experienced many problems, including shuddering, juddering, delayed and jerky acceleration, and non-starting. Ford has now admitted the existence of various “quality issues” with the transmissions, relating to defective seals, clutch material and transmission control units.
In April 2018, Ford was fined $10 million by the ACCC for its response to consumer complaints about PowerShift vehicles fitted with PowerShift transmissions between 1 May 2015 and 29 February 2016. The ACCC accepted an enforceable undertaking by Ford to institute a complaints review program that only a small proportion of PowerShift vehicle owners may qualify for.
The class action is for the benefit of any person who bought or leased (or otherwise acquired an interest in) any of the Ford models described below at any stage over the period 1 January 2011 to 29 November 2018 (no matter whether the car was purchased or leased through a Ford dealer, and regardless of whether the car was purchased or leased new or used).
|Titanium LW or Titanium LW MKII||2011 - 2015|
|Sport LW or Sport LW MKII||2011 - 2015|
|Trend LW or Trend LW MKII||2011 - 2015|
|Ambiente LW or Ambiente LW MK II||2011 - 2015|
|Titanium BK||2013 - 2016|
|Trend BK||2013 - 2016|
|Ambiente BK||2013 - 2016|
|ZETEC WT||2010 – 2013|
|LX WT||2010 – 2013|
|CL WT||2010 – 2013|
|Sport EcoBoost WZ||2012 - 2015|
|Trend WZ||2013 – 2016|
|Ambiente WZ||2013 - 2016|
The PowerShift vehicles came with a warranty, under the Australian Consumer Law, that they were of acceptable quality. The cars had to be, as free from defects, as safe, and as durable, as a reasonable consumer would regard as acceptable. We contend that cars did not meet that standard.
Under the Australian Consumer Law, where that standard is not satisfied, affected consumers are entitled to recover damages from the manufacturer – in this case, Ford. They may recover the difference between what they paid for the car (or the average retail price, if that is lower) and the car’s true value. They may also recover other reasonably foreseeable losses, such as costs incurred in inspecting the cars for defects, and returning the cars to the dealer for repairs.
Additionally, we contend that Ford made representations about the quality, reliability, durability, safety, comfort and performance of the cars that were misleading or deceptive in contravention of the Australian Consumer Law. Under the Australian Consumer Law, consumers are entitled to recover the amount of any loss or damage they suffer as a result of misleading or deceptive conduct.
We will also contend that Ford misled consumers who sought refunds or no-cost replacements by informing those consumers that such redress options were not available, when they were. Such These consumers have, we contend, deprived a statutory rights to refunds or no-cost replacements.
The class action aims to recover all losses suffered by group members as a result of non-compliance with the statutory guarantee and misleading or deceptive conduct. This includes, but is not necessarily limited to:
Please complete the information below to register your interest in the Ford Australia Class Action. We will then make contact to provide you updates on the case, including the outcome of the case once the Court makes a decision, going forward.
Yes. We take your privacy and information security very seriously. We will not disclose your information to anyone else or use it for any purposes except for the claim against Ford.