The Federal Court of Australia has found that certain popular model Ford vehicles are defective.

If you acquired a new or used Ford vehicle with a PowerShift dual-clutch transmission during the period January 2011 to November 2018 then you may be eligible for compensation and should register your details immediately

Register your Interest

 
Vehicle VIN is optional and not required to register

Background

Between 2011 and mid-2016, Ford sold approximately 70,000 Focus, Fiesta and Ecosport vehicles fitted with a PowerShift dual-clutch transmission in Australia.

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.


FORD FOCUS
Model Build Year
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
FORD ECOSPORT
Model Build Year
Titanium BK 2013 - 2016
Trend BK 2013 - 2016
Ambiente BK 2013 - 2016
FORD FIESTA
Model Build Year
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

Recent Updates

On 29 June 2021, Justice Perram delivered his decision in relation to the Ford Class Action, together with his Honour’s reasons for it. We are pleased to advise that the applicant was successful in her claim for damages, and on key aspects of her claim for group members. Ford was ordered to pay $17,248.19 (including interest) to Ms Capic. In particular, the Court found that the Affected Vehicles suffered from certain component and design deficiencies, and that they were therefore not of "acceptable quality" within the meaning of the Australian Consumer Law. A copy of the judgment is available on the Federal Court’s website (https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2021/2021fca0715).

On 3 November 2021, the Court gave judgment on the "common questions" – that is, issues which arose in Ms Capic’s claim and also arise in group members’ claims. Broadly speaking, group members need to show (1) Ford is liable and (2) they have suffered loss as a result. The November judgment concerned whether Ford is liable to group members. The Court has now made orders which give effect to this judgment. This decision is important because group members can rely on these findings, and will not have to prove those separately. A copy of the judgment is available on the Federal Court’s website (https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2021/2021fca1320).

The two judgments given this year are important steps, but so far, there has been no decision about how much compensation group members may be entitled to. The Court has left open the possibility of loss being determined on an aggregate basis (ie, all group members together).

On 1 February 2022, Ford lodged an appeal against the two judgments. On 24 February 2022, Ms Capic was granted permission to appeal aspects of the judgments that went against her, and affirming parts of the judgments that went in her (and group members’ favour). We expect that Ms Capic’s appeal will be heard together with Ford’s, in the second half of this year. We also expect the appeals will be heard before the Court determines group members’ entitlement to damages. A copy of the judgment is available on the Federal Court’s website (https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0155).

On 26 August 2022, the Court made orders for a notice to be displayed on this website which provides group members with an update on the status of the proceedings. A copy of the notice is available here.

We will endeavour to consider all options, going forward, and will keep you up to date with progress in the case.

To stay up to date, we encourage you to provide your contact details to us by registering here.

How do I register my interest in the Ford Australia Class Action?

Click here 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.

Will the information I provide be kept confidential?

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.

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