New report warns of 'wave of litigation' for EV buyers in Australia over potential battery concerns on all models including 2027 BYD Atto 1 and Tesla Model Y

Tim Gibson

News Journalist

3 min read

Electric car buyers in Australia are facing a new concern.

There are demands for increased responsibilities for car manufacturers to correctly state how long EV batteries should last, according to a report from the Australian Automotive Dealer Association (AADA). 

The report warns that buyers could face a “wave of litigation” when EV batteries need replacement outside of warranty as their cost could exceed the vehicle’s remaining value.

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One particular dealer said Chinese-built cars are “not holding their charge” or are “blowing up on fire”.

The report suggests manufacturers should be required to define acceptable battery thresholds or disclose the expected degradation of a unit. 

Most batteries carry an eight-year or 160,000km manufacturer warranty, but dealers are looking for greater clarity on what this means.

The new initiative would require manufacturers to provide clear indicators of acceptable battery performance.

A battery would be considered to be performing at an acceptable level if it has at least 70 per cent of its total capacity remaining after more than eight years, for example. 

@carsguide.com.au How long do electric car batteries really last? Longer than you think! 🔋 #evbatteries #evcharging #ev #cartok #fyp ♬ original sound - CarsGuide.com.au

The EV driving range debate continues to rage on and it remains a substantial roadblock for buyers considering switching from petrol- and diesel-powered cars. 

Many EVs now boast more than 500km of driving range, but people have also started to recognise that most journeys do not require significant amounts of driving. 

The convenience and accessibility to home and public charging have also increased the convenience of EVs. 

2027 Tesla Model Y L
2027 Tesla Model Y L

Reported driving range figures on a particular car can vary greatly depending on the testing cycle used. 

The Worldwide Harmonised Light Vehicles Test Procedure (WLTP) is viewed as the most accurate standard available. 

2027 Zeekr 7X
2027 Zeekr 7X

Its testing figures often come in noticeably lower than the older New European Driving Cycle (NEDC) and the even more generous China Light-Duty Vehicle Test Cycle (CLTC).

As much as these systems do their best to mirror real-world driving, they can never be truly accurate because of the different ways people use their cars.

Consumers often experience range anxiety or disappointment when EVs fail to achieve the range advertised in brochures, according to AADA

2027 MG S5 EV
2027 MG S5 EV

AADA has put forward a series of reforms for the Australian Consumer Law to adopt, but it remains to be seen whether any of these will make their way into legislation. 

Tim Gibson

News Journalist

Tim could not get enough of UK Top Gear as a kid and took from his Dad, who worked at Jaguar before moving over to Australia. Tim’s journalism career began at age 15 as a local reporter for Football South Coast before he branched into live commentary with Football New South Wales. He reports on national competitions and the Socceroos with Football Australia, and also covered the 2023 FIFA Women’s World Cup with The Football Sack. He studied a Bachelor of Journalism and a Bachelor of Laws at the University of Wollongong, featuring in the top five per cent of students, and graduating with distinction. Tim completed an internship in the ABC’s Wollongong office, then undertook regular paid shifts until he completed his degrees. Tim started his full-time journalism career at CarsGuide, working as a News Journalist covering a range of automotive topics from electric vehicles to legal issues. Education University of Wollongong | Bachelor of Journalism with distinction | 2020-2025 University of Wollongong | Bachelor of Laws | 2020-2025 Featured Publications Football South Coast | 2018-present Football New South Wales | 2019-present South Coast Flame FC | 2021-2022 Football Australia | 2023-present UOW TV | 2021-2025 The Football Sack | 2022-2023 ABC Illawarra | 2023-2025 CarsGuide | 2025-present
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