A class action has been filed in the Federal Court of Australia against Ford Motor Company of Australia Limited (Ford).

The class action is funded by Martin Place Litigation Services and is being prosecuted by one of Australia’s leading law firms Corrs Chambers Westgarth (Corrs). It was initially commenced by Bannister Law.

If you acquired a new or used Ford vehicle with a PowerShift dual-clutch transmission during the period January 2011 to 11 May 2016 then you may be eligible for compensation and should register your details immediately.

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.

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.

Group members

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 11 May 2016 (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).

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

Claims

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.

Relief sought

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:

  • the difference between the price group members’ paid for their PowerShift vehicles and the true value of the cars; and
  • any other losses caused by Ford’s alleged misconduct, including the cost of inspecting the cars for defects, the costs of repairs, car hire, taxi fares, additional expenses due to re-financing, and any other expenses incurred to replace a defective Powershift vehicle.

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

Please complete the information below to register your interest in the Ford Australia Class Action. We will then make contact to provide you with a funding agreement.

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.

What happens once I have registered?

We will provide you with a copy of a Litigation Funding Agreement for signature and further information.

Note that you will not need to pay anything to pursue the claim if you sign a Litigation Funding Agreement. The funder will pay all of the costs of the claim. You will not need to pay anything to the funder if there is no recovery from the claim. If your claim is successful, you will be required to pay part of any amount you recover to Vannin, but only from what is recovered.

Enquiries regarding the Ford Australia Class Action

Any enquiries about the Ford Class Action may be directed to Corrs Chambers Westgarth at fordclients@corrs.com.au.

Register your interest