Australian judge considers court-appointed expert access to Tesla’s engineering systems

SYDNEY: An Australian judge has indicated he may order Tesla to provide an independent expert access to its internal engineering systems as part of a class action lawsuit against the company, potentially bypassing an extensive discovery process. Filed in February 2025, the lawsuit, representing approximately 10,000 Tesla owners, claims the Model 3 and Model Y vehicles have issues with "phantom braking," the advertised self-driving capabilities and battery range are overstated.

Federal Court judge Tom Thawley proposed appointing an impartial expert endorsed by both sides, stating this would resolve the discovery issue, allowing the expert to access necessary technical information. Thawley clarified that the court-appointed expert could potentially access certain materials, even if one party objects. The case remains to be decided as the parties disagree on the discovery process.

Tesla maintains it has provided thousands of documents in good faith, but its engineers utilize live, continuously edited software platforms that do not retain point-in-time records or paper documents. Thawley proposed a single court-appointed expert in each relevant field with direct access to these systems as a more cost-effective and efficient solution.

Both parties' lawyers acknowledged the suggestion, indicating they would seek further instructions, while acknowledging the highly confidential nature of Tesla's systems. The matter will return to court on November 12.