Australian judge considers expert access to Tesla systems in 10,000-owner class action

  • Tom Thawley considers appointing an independent expert in the Tesla owners' class action.
  • About 10,000 Tesla owners are represented in the lawsuit filed in February 2025.
  • Tesla says engineers use continuously edited platforms without point-in-time records, while the case remains pretrial.

An Australian Federal Court judge is considering appointing independent experts to access Tesla's internal engineering platforms in a class action representing about 10,000 owners. The lawsuit, filed in February 2025, alleges Model 3 and Model Y vehicles experience phantom braking (unexpected vehicle braking) and that Tesla overstated their self-driving capability and battery range. Judge Tom Thawley said direct system access could resolve a discovery process (pretrial exchange of evidence) that has delayed the case, while Tesla says its live, continuously edited software platforms do not preserve point-in-time records. The case has not reached trial, and the matter returns to court on November 12.

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