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

A federal judge in Australia has suggested that Tesla may be required to grant an independent expert access to the company's internal engineering platforms in a class action lawsuit, in an effort to expedite the discovery process. The lawsuit, filed in February 2025, alleges that Tesla's Model 3 and Model Y vehicles have issues with "phantom braking," and that the advertised self-driving capabilities and battery range were overstated.

Federal Court judge Tom Thawley proposed appointing an independent expert who would be endorsed by both parties, as the current documents Tesla has provided have failed to include crucial technical information needed to proceed with the case. Thawley noted that an independent expert would have the power to gain access to the required material if needed, thereby eliminating the discovery issue.

Tesla maintains that it has provided thousands of documents in good faith, but its engineers work with live, continuously edited software platforms that do not retain point-in-time records or paper documents. Thawley believes that appointing a single court-appointed expert in each relevant field would be more cost-effective and time-efficient than battling over documents.

Both Tesla's and the plaintiffs' lawyers expressed their intention to consider the suggestion but noted that Tesla's systems are highly confidential. The matter is scheduled to return to court on November 12.