VW AG accepts jurisdiction of Federal Court

By Daniel Cotterill on 27th October 2016 Regulations Dieselgate, USA

THE VW diesel situation in Australia is not the same as that in the US, largely because of different vehicle emissions standards here.

However, there is a class action running locally that is seeking compensation for Australian owners in regard to alleged breaches of the Trade Practices Act and Australian Consumer Law.

The case is being pursued by law firm Maurice Blackburn and proceedings have so far been slow in what is a complex and technical issue.

VW Australia’s parent company, Volkswagen AG, has apparently backed down from an earlier stance where it appeared to claim it was beyond the jurisdiction of the Australian Federal Court – a move which incurred the considerable displeasure of the court at the time.

2011 Volkswagen Golf TDI

According to the lawyer heading up the class action, Jason Geisker, the Australian Government Solicitor has informed him that Volkswagen AG has now filed an unconditional appearance.

Documents obtained by GoAutoNews Premium filed with the Federal Court on October 24 clearly cite Volkswagen AG as the primary respondent. VW brands Audi and Skoda are also subject to similar actions here.

These documents also spell out amended claims against VW based on New European Drive Cycle emission testing and the objective of Australian Design Rule 79.

Based on those claims, further allegations have been made that VW Australia, as an agent of VW AG, engaged in equitable misrepresentations that entailed various specific breaches of the Trade Practices Act and Australian Consumer Law.

A VW Australia spokesman has pointed to pending engine management software resolutions said to be approved and nearing implementation, and says the company is unclear on the benefit to consumers of any court action.
Volkswagen, along with Audi and Skoda, have been ordered to provide their defences by November 18 with the matter due to be heard again in Sydney on December 14.