Australian Judge Considers Giving Expert Direct Access to Tesla Engineering Systems

An Australian judge has indicated he may order Tesla to give an independent expert direct access to its internal engineering platforms as part of a class action involving around 10,000 Tesla owners. Federal Court Judge Tom Thawley suggested the move could help bypass a lengthy discovery dispute that has delayed the case, which alleges that Tesla’s Model 3 and Model Y vehicles suffer from “phantom braking” and that the company overstated their self-driving capabilities and battery range.

The lawsuit, filed in February 2025, has yet to reach trial as both sides continue to clash over the disclosure of technical documents. Lawyers for the applicants argue that documents provided by Tesla do not contain crucial engineering information needed to pursue their claims. Tesla, meanwhile, says it has provided thousands of documents in good faith, explaining that its engineers work on live, continuously updated software platforms that do not maintain traditional point-in-time records.

Judge Thawley said appointing a court-approved expert with direct access to Tesla’s systems could be faster and less expensive than continued disputes over document discovery. He said he could consider ordering such access even if Tesla objected, while Tesla’s lawyer Imtiaz Ahmed noted that the company’s systems contain highly confidential information. Both sides will seek instructions on the proposal, with the case scheduled to return to court on November 12.

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