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An important notice has been issued for the Car Loan Flex Commission class
actions against Esanda (ANZ), Macquarie Leasing, Westpac and St George. See
notices and more information here. Register your interest to receive
compensation here. 

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CAR LOAN FLEX COMMISSION CLASS ACTIONS



Register now



IMPORTANT UPDATE

A NOTICE OF REGISTRATION AND OPT OUT IS BEING SENT TO POTENTIAL GROUP MEMBERS OF
THESE CLASS ACTIONS BY ORDER OF THE SUPREME COURT OF VICTORIA FROM 3 TO 17
AUGUST 2023.

IF YOU RECEIVED THE NOTICE, OR THINK YOU ARE A GROUP MEMBER, YOU MUST
REGISTER BEFORE THE DEADLINES LISTED BELOW IN ORDER TO BE ELIGIBLE TO RECEIVE
COMPENSATION IF THERE IS A SETTLEMENT AT AN UPCOMING MEDIATION.

TEXTS AND EMAILS REGARDING THE NOTICE WERE SENT BY 'COMPUTERSHARE' FROM 3 AUGUST
2023 TO GROUP MEMBERS OF THE ESANDA (ANZ) AND MACQUARIE LEASING FLEX COMMISSION
CLASS ACTIONS. THIS IS NOT A SCAM.



Register now


DEADLINES FOR REGISTERING OR OPT OUT

 * For group members in the Esanda (ANZ) Flex Commission Class Action, the
   deadline to register or opt out is 28 September 2023
 * For group members in the Macquarie Leasing Flex Commission Class Action, the
   deadline to register or opt out is 3 October 2023
 * For group members in the Westpac & St George Flex Commission Class Action,
   the deadline to register or opt out is 12 October 2023

Unless you register before the deadline, you may lose your right to receive
compensation if there is an agreement reached at an upcoming mediation. We
encourage you to register.

REGISTER NOW

About 1 million people are eligible to register for the Car Loan Flex Commission
Class Actions. If you have difficulty getting through, please wait ten seconds
and refresh the registration page. If you’re still having issues registering,
please see FAQs for more information.


It does not cost you anything to register and you will never be asked to pay any
costs out of your own pocket. You can read more about legal costs in our FAQs. 

More information can be found in the FAQ section of this page or on the Supreme
Court of Victoria’s website: 

 * Westpac & St George
 * ANZ & Macquarie (Esanda Loans)
 * Macquarie Leasing

See notices of registration and opt out


CONTACT THE TEAM

We are experiencing a very high volume of enquiries. The most important thing is
that you register before the deadlines.

You can register here

Or:

Call 1800 318 063
Email Flexclassaction@mauriceblackburn.com.au


ABOUT THE CLASS ACTIONS

The Flex Commission class actions are three class actions about the ‘flex
commissions’ paid to car dealers by Westpac Banking Corporation and St George
Finance, Australia and New Zealand Banking Group Limited (Esanda), and Macquarie
Leasing Pty Ltd in relation to consumer car loans.

Flex commission arrangements allowed car dealers to set the interest rate and
loan term on car loans. The higher the interest rate and the longer the loan
term, the greater the commission received by the dealer. These arrangements were
banned by ASIC on 1 November 2018 and a subject of inquiry at the Financial
Services Royal Commission.

The plaintiffs, on behalf of group members in these class actions, allege that
flex commissions were unfair and unlawful and resulted in consumers paying
higher interest rates on their car loans than they otherwise would have. As a
result, they are claiming compensation and other relief for those who have been
affected.

You must register by the deadlines if you want to claim compensation that may
arise from the upcoming mediation. The deadline for registering is 28 September
2023 for the ANZ (Esanda) Flex Class Action, 3 October 2023 for the Macquarie
Leasing Flex Class Action and 12 October for the Westpac & St George Flex Class
Action.

You can find more information about the flex commission arrangements and
eligibility criteria in the FAQs below.

If you are unsure if you are eligible, we encourage you to register with as much
detail as you have available.  

FREQUENTLY ASKED QUESTIONS ABOUT THE FLEX COMMISSION CLASS ACTIONS

I RECEIVED A NOTICE OF REGISTRATION AND OPT OUT. WHAT DO I DO?

If you received a Notice of Registration and Opt Out by email, text or post, one
or more of the Defendants have identified you as a potential group member in the
Flex Commission Class Actions.

You must register by the below deadlines if you want to claim compensation that
may arise from the upcoming mediation. 

The Deadlines to register or opt out is as follows:

 * For group members in the ANZ (Esanda) Flex Commission Class Action, the
   Deadline for registering is 28 September 2023.
 * For group members in the Macquarie Leasing Flex Commission Class Action, the
   Deadline for registering is 3 October 2023.
 * For group members in the Westpac & St George Flex Commission Class Action,
   the Deadline for registering is 12 October 2023.

You can register here. 

We encourage group members who wish to remain a group member to register their
details with us. If you do not register with us by the deadlines listed about
you will not receive compensation if the case settles at the upcoming mediation.
By registering, you will help the parties work out if a settlement is possible
because information about how many people are participating in the claim is part
of that process.

If you do nothing, that is if you do not register and you do not opt out, you
will remain a class member and your rights may be determined by the Court.
However, you will not be able to claim compensation that may be available from
the upcoming mediation. You may be able to claim compensation from any
settlement that occurs after the mediation is over. 

You do not need to register again if you have already registered your interest
in the class actions with us. You should only register once.


OPT OUT

If you want to opt out, you must do so by the deadline. If you opt out, you will
not be a group member anymore. This means:

 * you will not be bound by the outcome of the class actions; and
 * you will not be entitled to share in any benefit of any order, judgment or
   settlement in favour of the Plaintiffs and group members of the class action
   in which you were a group member.

If you opt out, you may bring your own claims against the defendant/s depending
on your circumstances. If you wish to bring your own claim, you should seek
independent legal advice as soon as possible about your claims. Time limits to
bringing a claim may apply.

You can opt out by filling out the form attached to the relevant Registration &
Opt Out Notice. A copy of the Notice for each proceeding can be found in the key
documents - please read the Notice of Registration and Opt Out carefully. 

AM I ELIGIBLE TO REGISTER FOR A FLEX COMMISSION CLASS ACTION?

If you received a Notice of Registration and Opt Out by email, text or post,
this is because one or more of the Defendants have identified you, based on
their records, as meeting the criteria of a group member in one of the Flex
Commission Class Actions. We encourage you to register to be eligible to receive
potential compensation.


ELIGIBILITY CRITERIA 

You are a group member if you had a consumer car loan arranged through a dealer
on which a flex commission was paid with:

 * Westpac & St George between 1 March 2013 and 31 October 2018;
 * ANZ (Esanda) between 1 January 2011 and 31 March 2016; or
 * Macquarie Leasing between 1 March 2013 and 31 October 2018.



PLEASE NOTE:

 * Car loans that started with Esanda and then were transferred to Macquarie in
   2016 are part of the ANZ (Esanda) Car Loan Class Action. 
 * Car Loans with Bank of Melbourne were arranged under Westpac or St George’s
   credit licence.
 * You can claim whether or not you have paid off the car loan and whether or
   not you still have the car you paid for with the car loan.
 * This class action covers car loans on new and used vehicles.
 * This class action only covers consumer car loans arranged through car
   dealers. It does not cover loans arranged directly with the banks, novated
   leases, business loans or goods loans.

Flex commissions were paid in relation to most, if not all, consumer car loans
during these time periods. 

If you are not sure if you are eligible but would like to register, we encourage
you to still register with as much detail as you can. 

Alternatively, please call us on 1800 318 063 or email us with your full name,
date of birth and the brand of the car you paid for with your car loan to the
appropriate email address below:

 * Westpac & St George – westpacflexCA@mauriceblackburn.com.au
 * ANZ & Macquarie (Esanda Loans) – esandaflexCA@mauriceblackburn.com.au
 * Macquarie Leasing - macquarieflexCA@mauriceblackburn.com.au

There are about one million people eligible to register in relation to the Flex
Commission Class Actions. We may not be able to get back to you straight away.

The most important thing is to register your interest to claim compensation
before the deadline even if you are not sure if you are eligible. Registering
does not mean you are eligible. 

WHAT INFORMATION DO I NEED TO PROVIDE TO REGISTER?

In the registration portal, the information you will be asked to provide is:

 * Your full name, date of birth and contact details
 * The lender your car loan was with (if known)
 * The date you signed your car loan (if known)
 * The registration number of the vehicle purchased with your car loan (if
   known)
 * The brand of the vehicle purchased with your car loan (if known)
 * The account number for your car loan (if known)

If you do not know all of these details, please select ‘Unknown’ and continue
with the registration. 

Client confidentiality and privacy are very important to us. You can access our
Privacy Policy here. 

WILL IT COST ME ANYTHING TO BE PART OF THE CLASS ACTION?

It does not cost you anything to register and you will never be asked to pay any
costs out of your own pocket.

The Supreme Court of Victoria has made a group costs order in each of the three
proceedings. This means that if the class action in which you are a group member
is successful (by judgment or settlement), any legal costs payable to Maurice
Blackburn has been set as 24.5% of the total monetary amount achieved at
mediation or awarded by the Court. It does not come out of group members’ own
pockets.

The Court will also need to approve any amount paid to Maurice Blackburn for the
work that they have done as fair and reasonable.

The Court may change the rate of the Group Costs Order in the future, for
example, if it would result in Maurice Blackburn being paid an excessive amount
of money for the work they have performed.

Maurice Blackburn will bear the costs if the class action is unsuccessful.

WHAT IS A FLEX COMMISSION?

A flex commission is a payment made by a lender to a car dealer depending on the
interest rate and length of a car loan that the dealer arranged for the lender
with a consumer. The flex commission increased as the interest rate and/or term
of the car loan increased.

In general, the more a consumer paid in interest, the higher the flex commission
would be.

The plaintiffs allege that this arrangement incentivised car dealers to increase
the interest rate and/or the length of car loans, in order to increase their
flex commission, and consequently, consumers paid more than they otherwise would
have.


HOW DID IT WORK?

When a consumer bought a car and arranged their car finance through a car
dealership, the car dealer set the rate of interest on a car loan at or above a
base rate and below any cap set by the lender.

The car dealer had discretion to increase or decrease the interest rate without
reference to the risk profile of the car loan or consumer. The lenders also
benefited from the commission because the “flex amount” was shared between the
bank and the car dealer.

The plaintiffs claim that consumers were not told or informed of the existence
of the Flex Commission, how it was calculated, or the amount paid in relation to
their car loan when they should have been.

Many borrowers knew nothing of these arrangements. Lenders did not publicise
them; dealers did not reveal them. The dealer’s interest in securing the highest
rate possible is obvious. It was the consumer who bore the cost.

Financial Services Royal Commission Final Report 2018

WHY ARE FLEX COMMISSIONS ALLEGED TO BE UNLAWFUL?

The plaintiffs say flex commissions were unlawful because they are in breach of
legislation prohibiting “unfair or dishonest conduct” and “misleading and
deceptive conduct”.

For all the borrower knew, the interest rate the dealer quoted had been fixed by
the lender. But, whenever the dealer quoted a rate larger than the base rate,
the dealer was acting in its own interests.


Financial Services Royal Commission Final Report, 2018

The plaintiffs also claim that interest paid on the car loans was “money had and
unjustly received” and caused “unjust enrichment” of the defendants.

The effect of the practice was that consumers could be charged significantly
different interest rates from the same intermediary, depending on their ability
to negotiate that rate. For example, the same car dealer on the same day could
set the interest rate at 6.5% for one consumer and 15.15% p.a. for another
consumer even though they bought the same model of vehicle for similar value.

The plaintiffs allege that car dealers are the representatives of the banks or
finance companies in relation to the car loans and the banks or finance
companies are responsible for their actions.

Flex Commissions were banned by ASIC from 1 November 2018.

If you want to know more about the claims, you can read the pleadings for each
case on the Supreme Court of Victoria website here.

You can also read more about flex commission arrangements in the ASIC Report
“Flex commission arrangements in the car finance market” dated March 2017 here.

HOW MUCH COMPENSATION WILL I GET?

We are unable at this time to inform every group member of how much compensation
they may receive. This depends on:

 * how much was paid by the lender to the dealer as a flex commission in respect
   of your loan; and
 * the terms of any settlement reached or judgment made in relation to the
   claims

If you would like to find out more information about the details of your car
loan with Westpac, St George, Macquarie Leasing or Esanda, please call us on
1800 318 063 or email us with your full name, date of birth and the brand of the
car you paid for with your car loan on the appropriate email address below:

 * If you had a car loan with Westpac, Bank of Melbourne or St George during the
   period 1 March 2013 to 31 October 2018 –
   westpacflexCA@mauriceblackburn.com.au
 * If you had a car loan with ANZ (‘Esanda’) during the period 1 January 2011
   and 31 March 2016 – esandaflexCA@mauriceblackburn.com.au
 * If you had a car loan with Macquarie Leasing during the period 1 March 2013
   to 31 October 2018 – macquarieflexCA@mauriceblackburn.com.au

There are about one million people eligible to register in relation to the Flex
Commission Class Actions. We may not be able to get back to you straight away.
In the interim, we encourage you to register before the deadline and we will get
back to you as soon as we can. You can register here. 

I AM HAVING TROUBLE WITH MY REGISTRATION. WHAT DO I DO?

If you have difficulty getting through, please wait ten seconds and refresh the
registration page. There are about 1 million people are eligible to register for
the Car Loan Flex Commission Class Actions, so there may be a slight delay.

If you still have difficulty registering, please email us instructing us to
register you with your full name, date of birth, email address, phone number,
the brand of the car you purchased with the car loan, and the lender your car
loan was with to the appropriate email address below:

 * If you had a car loan with Westpac, Bank of Melbourne or St George during the
   period 1 March 2013 to 31 October 2018 –
   westpacflexCA@mauriceblackburn.com.au
 * If you had a car loan with ANZ (‘Esanda’) during the period 1 January 2011
   and 31 March 2016 – esandaflexCA@mauriceblackburn.com.au
 * If you had a car loan with Macquarie Leasing during the period 1 March 2013
   to 31 October 2018 – macquarieflexCA@mauriceblackburn.com.au

HOW DO I KNOW THE EMAIL OR SMS I RECEIVED IS LEGITIMATE?

The Supreme Court of Victoria has ordered the distribution of a Notice of
Registration & Opt Out in relation to the Car Loan Flex Commission class actions
by the following dates:

 * For Esanda (ANZ) Flex Commission Class Action the notice will be sent by 3
   August 2023
 * For Macquarie Leasing Flex Commission Class Action the notice will be sent by
   8 August 2023
 * For Westpac & St George Flex Commission Class Action the notice will be sent
   by 17 August 2023

These notices will be sent via email, SMS and post to people identified as
potential group members.


They will not be sent from Maurice Blackburn and may come from email addresses
or contacts such as ‘noreply@linkmarketservices.com.au’, ‘LinkNoReply’ or
‘donotreply@westpac.com.au’, for example. 

Texts and emails regarding the Notice were sent by 'Computershare' from 3 August
2023 to group members of the Esanda (ANZ) and Macquarie Leading Flex Commission
Class Actions.

This is not a scam.

If you have deleted the email or SMS you received, or you’re still unsure if the
notice you received is legitimate, you can find all of the same information in
the key documents.

I HAVE MORE QUESTIONS

If you still have questions, please read the key documents,  call Maurice
Blackburn on 1800 318 063, or email us on the appropriate email address below: 

 * Westpac & St George – westpacflexCA@mauriceblackburn.com.au
 * ANZ & Macquarie (Esanda Loans) – esandaflexCA@mauriceblackburn.com.au
 * Macquarie Leasing - macquarieflexCA@mauriceblackburn.com.au

We expect a high volume of enquiries so may not get back to you straight away.

The most important thing is to register your interest to claim compensation
before the deadline.


KEY DOCUMENTS

Westpac & St George Car Loan Class Action – Notice of Registration and Opt Out

PDF | 120 KB

ANZ & Macquarie (Esanda Loans) Car Loan Class Action – Notice of Registration
and Opt Out

PDF | 430 KB

Macquarie Leasing Car Loan Class Action – Notice of Registration and Opt Out

PDF | 96 KB


AUSTRALIAN LEADERS IN CLASS ACTIONS.

Get in touch

OUR REPUTATION FOR EXCELLENCE IN CLASS ACTIONS IS UNPARALLELED, HAVING RECOVERED
MORE THAN $3.7 BILLION FOR CLIENTS.

WE ARE THE ONLY AUSTRALIAN CLASS ACTIONS FIRM TO DELIVER $100M+ SETTLEMENTS TO
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EIGHT OCCASIONS.  


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 * Meet the lawyer
   
   
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   CLAIRE MAINSBRIDGE
   
   Associate, Class Actions
   
   
   
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Meet the lawyer


ANDREW WATSON

National Head of Class Actions



"I'm an experienced litigator in class actions, particularly for shareholders
who have been victims of corporate misconduct."

View profile



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