Re our case - yes getting near the end - no-one could ever believe how ACL becomes all about evidence non-disclosure and how problematic evidence can be blocked by the powerful manufacturer that ultimately is responsible for paying Dealers for repairs - bullying seen applies to treatment of both Owners and Dealers. SHAME on a business culture where the Manufacturer attempts to over-ride Consumer Guarantee under Australian Consumer Law by controlling the Dealers accountable under ACL!!! It gets down to a situation where under ACL the owner is fighting a powerful, well resourced and experienced respondent that controls its Dealers and evidence. So much BS and deception which includes GMANZ blocking diagnostics of my vehicle under 'GM proprietary information' label, blocking fault diagnosis made by two Holden Dealers. The BS claim of 'Normal and Characteristic, as designed' (what is GM protecting, other manufacturers building engines that will make this cold start noise?) - will certainly be an interesting hearing. We expect to soon see if BS prevails over ACL or if truth is recognised and acted on. There is much more happening than just this case - while a huge amount of work has been also done 'in the publics interest', we hope that will help other VF2 / LS3 owners in the future and maybe an overall review of the current deficiencies within ACL.
It‘s almost worth a flight to attend the proceedings
Sadly, this highlights the problem with ACL from a consumer perspective. It assumes good faith and only handles repair and consequential costs. There are no provision for any purchaser to claim punitive damage to force retailers/manufacturers to feel any pain for their calculated, purposeful and deceitful methods
The absurdity comes in yne shape of court enforceable undertakings where they promise not to be shitbags for a couple of years… then revert to their old ways.
Sadly consumers are being forced into court action for stuff that is obviously a product failure to simply get access to the warranty that our laws provides. This is the case even when it’s an obvious failure. Through causing such pain, there should be some comeback for the agreved purchaser, but there isn’t in law…
As is, I‘m worried that ACL, if amended, will be somewhat watered down to better suit sellers of crap… Consumers will be shafted yet again.
Good luck with it all and keep us updates when you can