December 14, 2016
The Volkswagen emissions scandal was back in Federal Court this morning, and considerable progress was made including the setting of a Technical Expert Hearing which will consider the issue at the heart of the scandal – the alleged defeat device. That date was set for 30 October 2017.
Justice Foster also ordered that lawyers acting for owners of affected Volkswagen vehicles submit the technical evidence upon which they will rely on for that hearing by 31 March 2017. Lawyers for Volkswagen Australia will be required to submit their own technical evidence by 7 July 2017. Both sets of evidence will be vital to the question of whether the vehicles contain a defeat device.
Today was the first day that Barrister Bret Walker SC had appeared in court for the Volkswagen emissions scandal case, instructed by Bannister Law on behalf of plaintiffs. Mr Walker is among Australia’s most renowned barristers, having held several senior positions including President of the NSW Bar Association (2001-2003), President of the Law Council of Australia (1997-98), and Governor of the Law Foundation of NSW (1996-2007).
Mr Walker was Australia’s first Independent National Security Legislation Monitor from 2011 to 2014. He is a member of the National Criminal Law Committee of the Law Council of Australia and has been editor of the NSW Law Reports since 2006.
“We are pleased that we finally have a hearing date set, and that the judge has agreed to prioritise the technical issues that relate to the question of a defeat device. The hearing has been set down for four weeks commencing 30 October 2017,” said Charles Bannister, Principal at Bannister Law.