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Ford Class Action

SHORT FORM NOTICE

FORD CLASS ACTION
 

SHORT FORM NOTICE

FORD CLASS ACTION

A representative proceeding or “Class Action” has been commenced in the Federal Court of Australia by Biljana Capic (“Applicant”) against Ford Motor Company of Australia Limited (ACN 004 116 223) (“Respondent”).  The Class Action has been commenced by Bannister Law due to the alleged defect with the DSP 6-speed dry dual-clutch PowerShift Transmission installed in the following Ford vehicles (Affected Vehicles):

Ford Model

Model (Petrol)

Build Year

Ford Model

Model (Petrol)

Build Year

 

 

 

 

Focus

Titanium LW

BY 2011 - 2012

 

 

 

Fiesta

Zetec WT

BY 2010 - 2013

Sport LW

BY 2011 - 2012

LX WT

BY 2010 - 2013

Trend LW

BY 2011 - 2012

CL WT

BY 2010 - 2013

Ambiente LW

BY 2011 - 2012

Sport EcoBoost WZ

BY 2012 – 2015

Sport LW MKII

BY 2012 - 2015

Trend WZ

BY 2013 – 2016

Titanium LW MKII

BY 2012 - 2015

Ambiente WZ

BY 2013 – 2016

Ambiente LW MKII

BY 2012 - 2015

 

EcoSport

Titanium BK

BY 2013 – 2016

Trend LW MKII

BY 2012 - 2015

Trend BK

BY 2013 – 2016

 

Ambiente BK

BY 2013 – 2016

If you purchased an Affected Vehicle during the Relevant Period, being January 2011 until 11 May 2016 inclusive, you may be a Group Member in this class action.
The Federal Court has ordered that this notice, and a longer-form notice available at www.fordclassaction.com.au, be published to provide information to persons who might have claims affected by the class action.
You should read this and the Long Form notice carefully.
Any questions you have concerning the matters contained in this notice should not be directed to the Court. 
If there is anything in it that you do not understand, you should seek legal advice.
The class action has been commenced by the Applicant on her own behalf and on behalf of all persons who are Group Members.  You are a Group Member if you acquired, including by purchase or lease, an interest in a Ford motor vehicle fitted with a DSP 6-speed dry dual-clutch PowerShift transmission, as listed above, between January 2011 until 11 May 2016 (inclusive). Remedies being sought by the Applicant for alleged contraventions of various provisions of the Australian Consumer Law include compensation for the reduction in value of the Affected Vehicle. 
Approximately 1,800 other Group Members have entered into Funding Agreements with Martin Place Litigation Services Pty Ltd (MPLS), to date in the Bannister Law class action, but not all Group Members have done so. The Applicant has applied to the Court for orders with respect to the funding of the action pursuant to proposed court-approved ‘funding terms’. 
The proposed funding terms provide, that in the event of a successful outcome in the action (either by way of settlement or judgment), the settlement or judgment sum recovered for all Group Members, who have not entered in to a Funding Agreement as at 22 December 2017, will be used, before any distribution to Group Members, to:

  • Reimburse the funder for the legal fees and expenses incurred in funding the class action; and
  • Provide for a commission of 30 percent or such percentage as determined by the Court, to be paid to the funder out of any monies recovered by or on behalf of Group Members. 

The proposed funding terms also provide, that in the event of a successful outcome in the action (either by way of settlement or judgment), the settlement or judgment sum recovered for all Group Members who have entered in to a Funding Agreement with MPLS as at 22 December 2017, will be used, before any distribution to Group Members, to:

  • Reimburse the funder for the legal fees and expenses incurred in funding the class action; and
  • Provide for a commission of 20 percent or such percentage as determined by the Court, to be paid to the funder out of any monies recovered by or on behalf of Group Members.

The Applicant’s application has been listed for hearing before the Federal Court in Sydney on 2 March 2018. Any Group Member who wishes to be heard by the Court, either in support of, or in opposition to, the application: 

  1. Must, on or before 5 February 2018, notify the Court of the Group Member’s desire to be heard by filing a “Notice of Intention to Object” in the form available on www.fordclassaction.com.au;
  2. Must, on or before 1 March 2018, file in the Court any evidence and any written submissions on which the Group Member proposes to rely; and
  3. May attend the hearing on 16 March 2018.  

More information on the class action, including copies of relevant documents, including the Notice of Intention to Object may be obtained from Bannister Law, the solicitors acting for the Applicant and Group Members in the class action, on their website www.fordclassaction.com.au; by email at fordclassaction@bannisterlaw.com.au; or by telephoning (02) 8001-6604.
Any Group Member who does not wish to remain as a Group Member in the action will at some point in the future be given appropriate notice enabling them to opt out of the action, and those Group Members who opt out of the action would not then be bound by the funding terms sought from the Court.

A representative proceeding or “Class Action” has been commenced in the Federal Court of Australia by Biljana Capic (“Applicant”) against Ford Motor Company of Australia Limited (ACN 004 116 223) (“Respondent”).  The Class Action has been commenced by Bannister Law due to the alleged defect with the DSP 6-speed dry dual-clutch PowerShift Transmission installed in the following Ford vehicles (Affected Vehicles):

Ford Model

Model (Petrol)

Build Year

Ford Model

Model (Petrol)

Build Year

 

 

 

 

Focus

Titanium LW

BY 2011 - 2012

 

 

 

Fiesta

Zetec WT

BY 2010 - 2013

Sport LW

BY 2011 - 2012

LX WT

BY 2010 - 2013

Trend LW

BY 2011 - 2012

CL WT

BY 2010 - 2013

Ambiente LW

BY 2011 - 2012

Sport EcoBoost WZ

BY 2012 – 2015

Sport LW MKII

BY 2012 - 2015

Trend WZ

BY 2013 – 2016

Titanium LW MKII

BY 2012 - 2015

Ambiente WZ

BY 2013 – 2016

Ambiente LW MKII

BY 2012 - 2015

 

EcoSport

Titanium BK

BY 2013 – 2016

Trend LW MKII

BY 2012 - 2015

Trend BK

BY 2013 – 2016

 

Ambiente BK

BY 2013 – 2016

If you purchased an Affected Vehicle during the Relevant Period, being January 2011 until 11 May 2016 inclusive, you may be a Group Member in this class action.
The Federal Court has ordered that this notice, and a longer-form notice available at www.fordclassaction.com.au, be published to provide information to persons who might have claims affected by the class action.
You should read this and the Long Form notice carefully.
Any questions you have concerning the matters contained in this notice should not be directed to the Court.  If there is anything in it that you do not understand, you should seek legal advice.
The class action has been commenced by the Applicant on her own behalf and on behalf of all persons who are Group Members.  You are a Group Member if you acquired, including by purchase or lease, an interest in a Ford motor vehicle fitted with a DSP 6-speed dry dual-clutch PowerShift transmission, as listed above, between January 2011 until 11 May 2016 (inclusive). Remedies being sought by the Applicant for alleged contraventions of various provisions of the Australian Consumer Law include compensation for the reduction in value of the Affected Vehicle. 
Approximately 1,800 other Group Members have entered into Funding Agreements with Martin Place Litigation Services Pty Ltd (MPLS), to date in the Bannister Law class action, but not all Group Members have done so. The Applicant has applied to the Court for orders with respect to the funding of the action pursuant to proposed court-approved ‘funding terms’. 
The proposed funding terms provide, that in the event of a successful outcome in the action (either by way of settlement or judgment), the settlement or judgment sum recovered for all Group Members, who have not entered in to a Funding Agreement as at 22 December 2017, will be used, before any distribution to Group Members, to:

  • Reimburse the funder for the legal fees and expenses incurred in funding the class action; and
  • Provide for a commission of 30 percent or such percentage as determined by the Court, to be paid to the funder out of any monies recovered by or on behalf of Group Members. 

The proposed funding terms also provide, that in the event of a successful outcome in the action (either by way of settlement or judgment), the settlement or judgment sum recovered for all Group Members who have entered in to a Funding Agreement with MPLS as at 22 December 2017, will be used, before any distribution to Group Members, to:

  • Reimburse the funder for the legal fees and expenses incurred in funding the class action; and
  • Provide for a commission of 20 percent or such percentage as determined by the Court, to be paid to the funder out of any monies recovered by or on behalf of Group Members.

The Applicant’s application has been listed for hearing before the Federal Court in Sydney on 2 March 2018. Any Group Member who wishes to be heard by the Court, either in support of, or in opposition to, the application: 

  1. Must, on or before 5 February 2018, notify the Court of the Group Member’s desire to be heard by filing a “Notice of Intention to Object” in the form available on www.fordclassaction.com.au;
  2. Must, on or before 1 March 2018, file in the Court any evidence and any written submissions on which the Group Member proposes to rely; and
  3. May attend the hearing on 16 March 2018.  

More information on the class action, including copies of relevant documents, including the Notice of Intention to Object may be obtained from Bannister Law, the solicitors acting for the Applicant and Group Members in the class action, on their website www.fordclassaction.com.au; by email at fordclassaction@bannisterlaw.com.au; or by telephoning (02) 8001-6604.
Any Group Member who does not wish to remain as a Group Member in the action will at some point in the future be given appropriate notice enabling them to opt out of the action, and those Group Members who opt out of the action would not then be bound by the funding terms sought from the Court.