Ford PowerShift goes to trial

A class action against Ford over the problematic dual-clutch ‘PowerShift’ transmission goes to trial in the Federal Court in Sydney on June 15.

To be conducted in front of Justice Perram, the trial will be livestreamed on YouTube because spectators are banned from attending court due to the COVID-19 pandemic.

If you want to tune in the direct link to the livestream will be published the day before the hearing begins in the Federal Court’s Daily List. This list is updated daily and accessible here.

The applicant listed in the case is Biljana Capic, who represents all members of the action. While Bannister Law originally started this process in 2016, Corrs Chambers Westgarth now acts on her behalf. Ford Australia will be represented by Allens.

The class action represents people who acquired a Ford Focus, Fiesta or EcoSport with a PowerShift transmission between January 2011 and May 2016.

The class action alleges approximately 70,000 of these vehicles were sold and in many cases the PowerShift displayed issues including “shuddering, juddering, delayed and jerky acceleration, and non-starting”.

In April 2018 Ford was fined $10 million by the Australian Competition and Consumer Commission (ACCC) for its response to consumer complaints about PowerShift vehicles covering a 10-month period in 2015 and 2016.

Ford acknowledged it took too long to identify problems with the Getrag-made gearboxes and vowed to make things right with its customers.

“Accepting the $10 million fine is the first action on our commitment to make right,” then Ford Australia chief executive Graeme Whickman said at the time.

“We let our customers down and for that we are sorry.”

The class action seeks to recover damages from Ford for current and former PowerShift vehicle owners, alleging the Blue Oval did not comply with Australian Consumer Law and behaved in a misleading and deceptive way.

The damages are intended to recover losses incurred by the class action group members including the difference between the price group members paid for their PowerShift vehicles and the true value of the cars and any other losses caused by Ford’s alleged misconduct.

These include the cost of inspecting the cars for defects, the costs of repairs, car hire, taxi fares, additional expenses due to refinancing, and any other expenses incurred to replace a defective PowerShift vehicle.

Recently, Volkswagen Group Australia was ordered to pay $120 million plus legal costs in a ‘dieselgate’ class action that settled in April.

It had already copped a record $125 million judgement against in a court case brought by the ACCC over the same matter.

The PowerShift class action is being funded by Martin Place Litigation Services, a third party funder of the type that has recently drawn the ire of the federal government.