A class action lawsuit against Ford over faulty Powershift dual-clutch automatic transmissions has reached the High Court of Australia, with owners demanding greater compensation.
In Australia, more than 70,000 Ford Focus, Fiesta and EcoSport vehicles were fitted with the Powershift six-speed dual-clutch automatic transmission between January 2011 and November 2018.
Shortly after the vehicles went into production, it was discovered that the transmission’s input shaft seals, clutch lining, and control module were prone to failure, resulting in delays in shifting, unexpected lag, and sometimes complete loss of drive.
Although Ford Australia extended the warranty period for around 47,000 of the affected vehicles in 2014, the carmaker soon drew the ire of the Australian Competition and Consumer Commission (ACCC).
In 2016, the consumer protection agency and Ford reached a settlement that resulted in the automaker having to pay a $10 million fine for failing to properly handle Powershift-related complaints between May 2015 and February 2016.
Subsequently, Biljana Capic – the owner of a 2012 Ford Focus – filed a class action lawsuit against the car manufacturer in Australia in 2016.
The lawsuit alleged the car manufacturer “failed to comply with the statutory warranty set out in the Australian Consumer Law” by supplying a vehicle with component and design defects.
The federal court agreed with this assessment in June 2021 and ordered Ford to pay Ms. Capic a total of $17,248.19 in damages.
In 2022, Ford appealed the verdicts to award damages to Ms. Capic and other members of the class action lawsuit. The ruling was subsequently upheld in November 2023, when the full court (a panel of three or more federal judges) found that the affected cars were not of acceptable quality.
Although the full court found that the affected cars had an “increased propensity for disturbing vehicle behavior,” it also found that certain factors were not taken into account when determining the damages Ford would have to pay to Ms. Capic.
A final amount of damages suffered by both Ms. Capic and members of the broader class has yet to be determined.
“Ford is the defendant in the High Court appeal,” a Ford Australia spokesman said CarExpert.
“The appeal asked the Supreme Court to consider the correct interpretation of a section of the Australian Consumer Law relating to damages payable in cases where there has been a breach of acceptable quality.”
The Supreme Court hearing for Ford and those involved in the class action is due to take place tomorrow (April 11), following today’s hearing on a claim against Toyota Australia.
The Toyota class action lawsuit relates to approximately 260,000 HiLux, Prado and Fortuner vehicles equipped with faulty diesel particulate filters. The auto giant is trying to drop the lawsuit while the owners of the affected vehicles are demanding higher compensation.
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