Australian Judge Suggests Expert Access to Tesla's Internal Systems in Class-Action Lawsuit

An Australian judge has suggested he may order Tesla Inc. to grant an independent expert access to its internal engineering systems, an unconventional move aimed at resolving a discovery dispute in a class-action lawsuit. The proposal from Federal Court Judge Tom Thawley seeks to bypass a protracted conflict over document production in a case involving allegations of vehicle malfunction and overstated performance.

The Discovery Dispute

The lawsuit, filed in February 2025 on behalf of approximately 10,000 Tesla owners, has been stalled by disagreements over the discovery process. Lawyers for the applicants argue that the thousands of documents provided by Tesla fail to capture the necessary technical information to proceed with the case.

Tesla's counsel countered that its engineers use live, continuously updated software platforms that do not maintain point-in-time records comparable to traditional documents. Judge Thawley suggested that appointing a single, court-endorsed expert in each relevant field would be a more efficient and cost-effective solution than continued legal battles over documents. "It would eliminate the discovery issue because they would have, if they needed access to something, the power to get access," Thawley stated in court, according to Reuters.

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Allegations and Legal Positions

The underlying class action alleges that Tesla's Model 3 and Model Y vehicles are affected by a "phantom braking" issue. The suit also claims the automaker overstated the vehicles' self-driving capabilities and battery range.

In response to the judge's proposal, counsel for the applicants, Fiona Roughley, said the idea made sense. Imtiaz Ahmed, representing Tesla, noted the highly confidential nature of the company's systems but said his side would consider the suggestion. The judge indicated he might issue the order even if one of the parties objected. The matter is scheduled to return to court on November 12.