Key Events

10 April 2025

During a case management hearing, the Court heard concerns from the lead applicants about the adequacy of the documents discovered by Kia to date, and arguments from Kia that the lead applicants need to better articulate their engine defect theory. The Court has set a timetable for the lead applicants to bring any application for further and better discovery by 2 June 2025 (if the issues cannot be resolved between the parties) and, in the event that no application is filed, the lead applicants are to propose amendments to their statement of claim providing additional detail regarding the alleged engine defects by 19 June 2025.

‍

12 March 2025

The Court granted Kia an extension of time to the Orders made on 6 September 2024 requiring Kia to produce discovery documents.

‍

6 September 2024

Giving effect to the judgment delivered on 28 August 2024, the Court ordered Kia to produce further documents in three tranches in November 2024 and January and March 2025.

‍

28 August 2024

The Court delivered its judgment in the application heard on 19 August 2024. The Court found in favour of the lead applicants by ordering that Kia produce most of the documents requested by the lead applicants.

‍

19 August 2024

The lead applicants’ application to require Kia to produce further documents relevant to the proceeding was heard by the Court. During the application, the lead applicants presented arguments about why the documents sought are relevant to their case, and Kia resisted the production of those documents. The Court reserved its decision until a later date.

‍

13 June 2024

The lead applicants made another application for Kia to produce further documents.

‍

27 May 2024

‍

In a further case management hearing, the Court heard arguments from the lead applicants about Kia’s inadequate discovery, as well as arguments from Kia that the class of affected Vehicles should be reduced.

‍

22 March 2024

Kia finalised its production of documents pursuant to the orders made on 21 December 2023 and 8 March 2024.

‍

08 March 2024

In a case management hearing, the Court ordered Kia to comply with the order to produce documents made on 21 December 2023, by no later than 22 March 2024.

‍

21 December 2023

The Court delivered its judgment in the application heard on 16 November 2023, and ordered Kia to produce documents responsive to 19 categories by 31 January 2024.

‍

16 November 2023

The lead applicants’ application to require Kia to produce various documents relevant to the proceeding was heard by the Court. During the application, the lead applicants presented arguments about why the documents sought are relevant to their case, and Kia resisted the production of those documents. The Court reserved its decision until a later date.

‍

01 June 2023

The Court heard argument on Kia’s application to inspect the lead applicants’ vehicle and delivered judgment on 7 June 2023 ([2023] FCA591) dismissing the orders sought by Kia, but requiring the parties to engage in discussion to develop the substance of an agreed protocol for the inspection of the lead applicants’ vehicle.

‍

22 May 2023

The lead applicants filed their Second Amended Statement of Claim in the proceedings.

On the same date, Kia filed an application seeking orders that the lead applicants’ vehicle be made available for inspection by Kia, which was opposed by the lead applicants.