Federal Court of Australia Case No. NSD724/2016
Notice Affecting Current and Former Owners of certain
Ford Focus, Ford Fiesta and Ford EcoSport cars
Why are you getting this notice?
This notice is being sent to provide an update on the status of the class action that was filed in the Federal Court of Australia in relation to certain Ford Focus, Ford Fiesta and Ford EcoSport cars built between 2010 and 2016 fitted with a DPS6 'Powershift' transmission.
You may be a Group Member in the class action if you purchased or acquired an interest in an Affected Vehicle between 1 January 2011 and 29 November 2018 (and you have not opted out of the class action).
A list of Affected Vehicles appears at Schedule 1 of this notice.
You are not required to do anything by this notice. If you wish to be contacted and kept up to date about the progress of the class action, you may register your details online at www.fordclassaction.net.au.
Update
The initial trial of the class action occurred over six weeks in 2020, and judgment was handed down on 29 June 2021. The Court found that the Affected Vehicles were not of acceptable quality, with some vehicles containing more defects than others. A public interest summary of the judgment, which was prepared by the Federal Court, is at Schedule 2 of this notice.
The Court ordered that Ford pay $17,248 (including interest and excess GST, stamp duty and financing costs) in compensation to the lead applicant, Ms Capic, in respect of her 2012 Ford Focus Sport.
On 18 November 2021, the Federal Court published its order in relation to the "common questions". The orders describe the common questions affecting Group Members and the Court's answers to them. A copy of the orders is available on the Commonwealth Courts Portal:
https://www.comcourts.gov.au/file/Federal/P
/NSD724/2016/3756310/event/30893238/document
/1868612
Both Ford and the lead applicant are appealing aspects of the trial decision. The appeal is set to be heard by the Full Court of the Federal Court of Australia from 20 to 31 March 2023.
The Court has not yet decided whether damages will be payable to group members (and, if so, the quantum of those damages). The Court will not decide those matters until after the appeals are heard and determined.
The lead applicant’s legal fees are being paid by Martin Place Litigation Services Pty Limited (the Funder). If there is a settlement or judgment (following appeals) awarding compensation to group members, the Funder intends to apply to the Court for a ‘common fund order’ calculated as a percentage sum of compensation awarded to group members. The funder does not intend to seek an amount exceeding 25% of net proceeds that may be paid to eligible group members.
Further information?
Please do not direct any questions about the class action or this notice to Ford or any Ford dealer. If you have any questions about this notice, you may contact the lawyers for the Applicant, Corrs Chambers Westgarth, by emailing fordclients@corrs.com.au, or seek independent legal advice.
Schedule 1 to Notice
Affected Vehicles
Make | Model | Build Year |
Focus | Titanium LW | 2011 – 2012 |
Sport LW | 2011 – 2012 | |
Trend LW | 2011 – 2012 | |
Ambiente LW | 2011 – 2012 | |
Sport LW MKII | 2012 – 2015 | |
Titanium LW MKII | 2012 – 2015 | |
Ambiente LW MKII | 2012 – 2015 | |
Trend LW MKII | 2012 – 2015 | |
Fiesta | Zetec WT | 2010 – 2013 |
LX WT | 2010 – 2013 | |
CL WT | 2010 – 2013 | |
Sport EcoBoost WZ | 2012 – 2015 | |
Trend WZ | 2013 – 2016 | |
Ambiente WZ | 2013 – 2016 | |
EcoSport | Titanium BK | 2013 – 2016 |
Trend BK | 2013 – 2016 | |
Ambiente BK | 2013 – 2016 |
Schedule 2 to Notice
FEDERAL COURT OF AUSTRALIA
Capic v Ford Motor Company Of Australia Pty Ltd [2021] FCA 715
SUMMARY
In accordance with the practice of the Federal Court in cases of public interest, importance or complexity, the following summary has been prepared to accompany the Orders made today. This summary is intended to assist in understanding the outcome of this proceeding and is not a complete statement of the conclusions reached by the Court. The only authoritative statement of the Court’s reasons is that contained in the published reasons for judgment which will be available on the internet at www.fedcourt.gov.au together with this summary.
Justice Perram
29 June 2021
Sydney