Sydney – In a move that could accelerate a high‑profile class‑action case, Federal Court Judge Tom Thawley said he may order Tesla to allow a court‑appointed expert direct access to its engineering software. The suggestion comes as lawyers for roughly 10,000 Australian owners of the Model 3 and Model Y argue that the documents Tesla has produced so far omit critical technical details.
Why an expert could cut through discovery delays
Judge Thawley explained that an independent specialist, endorsed by both parties, would “eliminate the discovery issue” because the expert could obtain any needed data directly from Tesla’s live platforms. He added that the expert would not be barred from material simply because one side objects.
Tesla maintains it has supplied thousands of documents in good faith, but its engineers work on continuously updated software that does not generate static, paper‑like records. The company argues that this makes traditional document‑based discovery impractical.
Potential benefits for the lawsuit
According to the judge, a single, court‑appointed expert in each relevant technical field could review the systems themselves, which would be faster and less costly than the current back‑and‑forth over documents. Both sides said they would seek further instructions before deciding.
Applicant counsel Fiona Roughley welcomed the idea, noting it could provide the technical insight needed to assess claims that Tesla’s advertised self‑driving capability and battery range are overstated. Tesla’s representative, Imtiaz Ahmed, said the company would consider the proposal while emphasizing the confidentiality of its systems.
Next steps
The matter is set to return to court on November 12 for further consideration of the expert‑access proposal.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.
