A particularly important legal development which can oblige the Tesla to first open critical internal engineering systems to an independent specialist, is in progress in Australia.
Federal Court judge Tom Thawley examines the appointment of an expert with direct access to electronic platforms, technical data and systems used by engineers in the American car industry.
The proposal was filed as part of a group lawsuit representing about 10,000 owners Tesla Model 3 and Model Y. «pantom braking», while questioning both the advertised autonomy values and the capabilities of the equipment for fully or almost fully autonomous driving.
The case has not yet reached a normal trial and therefore there is no court decision to confirm that these cars are defective. At present, the conflict is focused on revealing the technical elements needed to examine complaints.
Because the judge wants access to Tesla's systems.
Owners' lawyers argue that the documents Tesla has delivered to date do not include all the critical information their experts need.
Last May it had become known that, after about eight months of procedure, only 2,000 documents had been delivered. Tesla replied that she had already examined some 100,000 files and there were another 75,000 left, while citing the need to protect confidential technical information. The judge had then criticized the speed of the process and had requested its completion by 31 July.
The company now argues that its engineers work on dynamic software platforms, which are constantly updated and not always maintain a static «snapshot» the technical condition of each period. In simple terms, a contractual document file may not fully reflect what engineers knew or how a system operated on a specific date.
Tom Thawley considers that a neutral, court-appointed expert per technical field could enter the platforms directly, locate the necessary data and give answers much faster and at a lower cost than a multi-annual dispute for thousands of files.
In fact, he made it clear that he would not in advance exclude the expert from accessing specific material simply because one side considers that it is too sensitive. The Tesla she has not officially rejected the proposal, but her lawyer, Imtiaz Ahmed, noted that these systems are highly confidential. The owner side appeared positive, while the case will return to court on November 12.
The lawsuit covers people who bought or leased in Australia Model 3 or Model Y from May 2021 to February 2025. It concerns mainly cars from 2021 onwards, equipped with Tesla Vision, Autopilot and the corresponding battery system.
The three main claims are that cars may slow down sharply without a real obstacle, that they do not approach advertised or shown autonomy and that existing equipment cannot support the possibilities of full autonomy that, according to the plaintiffs, were presented to buyers.
What does the case mean for the owners? Tesla correspondent in Greece
The so-called «pantom braking» does not concern the normal operation of the automatic emergency braking system. This is a sudden, unsolicited slowdown when an aid system is activated, such as Traffic-Aware Cruise Control or Autopilot, without a visible vehicle or obstacle ahead.
The American NHTSA had opened a relevant investigation in 2022 for Model 3 and Model Y of the years 2021-2022. In the cases examined, the reduction in speed was usually about 10 to 20 miles per hour, or about 16 to 32 km/h, within one to three seconds.
The investigation closed on 29 June 2026 without request for recall, as no conflicts were detected in the sample and reports were significantly reduced after software updates. The NHTSA clarified, however, that the closure of the investigation does not amount to a definitive finding that there is no defect and retained the right to review the matter.
Development in Australia does not automatically create a right to compensation for Greek owners and is not a European recall. However, it is of particular importance because Model 3 and Model Y already have a strong presence in our country.
Only in 2025 were Greece classified 602 new Model Y and 446 Model 3, a total of 1,048 cars. In the first quarter of 2026 180 Model Y and 133 Model 3 had been added.
At the same time, Model 3 and Model Y manufactured for Europe since April 2022 use Tesla Vision, based on cameras and processing neural networks without radar. Tesla herself explains that Autopilot is an aid system and requires a fully concentrated driver, with hands on the steering wheel and ready to take control.
Full Self-Driving is not yet available in Greece and, even in countries where it has been approved, does not turn Tesla into a fully autonomous vehicle. The responsibility of driving is still exclusively with the man behind the wheel. So all this does not yet affect the Greek owners Tesla in Greece.
With regard to autonomy, European prices are calculated using the standard WLTP procedure. The deviation in daily use due to speed, temperature, air conditioning, street morphology and driving style does not prove itself a defect. The crucial question in the Australian case is whether the actual capabilities of cars were systematically abstaining from what was presented to buyers and whether the company knew technical evidence it had to disclose.
For a Greek owner facing repeated unexplained slowdown, the important thing is to record the exact time of the event, software version, road conditions and any available video and to submit an official request for control through the Tesla Service. Digital footprints may prove decisive, especially in cars whose behavior changes through wireless software updates.
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