Group proceeding (class action) brought on behalf of persons who entered into car loans issued under ANZ’s credit license, in the period 1 January 2011 to 31 March 2016, with respect to which a “flex commission” was paid to an ANZ accredited car dealer.
The claim alleges that car dealers acted on behalf of ANZ in providing certain credit services to group members who took out car loans with those dealers. The claim alleges that the terms of those car loans relating to the “flex commissions” constituted “unfair conduct” for the purposes of the National Consumer Credit Protection Act 2009 (Cth). Further, it is alleged that ANZ engaged in misleading or deceptive conduct by failing to disclose to those borrowers certain matters concerning the loan agreements. The claim seeks to restrain the lenders from charging further interest, the repayment of interest under the loans or alternatively orders voiding the loan agreements.
The deadline to register or opt out has now passed.
The deadline to object to the proposed settlement has now passed. The settlement approval application was heard by the Honourable Justice Harris on 9 May 2025 and her Honour has reserved her judgment.
Please note that the deadline to object to the proposed settlement has now passed.
On 20 December 2024, the Court approved a Notice of Proposed Settlement to be sent to group members. Group members should read the Notice carefully. The matters set out in the notice may affect their legal rights.
Anyone wishing to participate in the proposed settlement must have registered their details with Maurice Blackburn Lawyers by 14 March 2025.
Any group member who wished to object to the proposed settlement must have by 10 March 2025:
- completed the ‘Notice of Objection’ form available at Maurice Blackburn's website
- and emailed it to Maurice Blackburn Lawyers at rfnaqnsyrkpn@znhevproynpxohea.pbz.nhua.moc.nrubkcalbeciruam@acxelfadnase
Any group member who wished to object may have (but were not obliged to) appeared, or have had their legal representative appear, at the settlement approval hearing which was on 9 May 2025 at 10:30am (AEST) in the Supreme Court of Victoria.
Further details regarding the hearing will be published on this webpage.
Orders made by the Honourable Justice Harris on 20 December 2024 and 6 February 2025 approving the distribution of the Notice of Proposed Settlement in the Flex Commissions Group Proceeding - ANZ and Macquarie
Reply to Macquarie Bank's Defence filed on 16 September 2024 in the Flex Commissions Group Proceeding - ANZ and Macquarie
Amended Reply to ANZ's Amended Defence filed on 16 September 2024 in the Flex Commissions Group Proceeding - ANZ and Macquarie
Defence of Macquarie Bank filed on 11 September 2024 in the Flex Commissions Group Proceeding - ANZ and Macquarie
Amended Defence of ANZ filed on 11 September 2024 in the Flex Commissions Group Proceeding - ANZ and Macquarie
Amended Writ and Statement of Claim filed 28 August 2024 in the Flex Commissions Group Proceeding - ANZ and Macquarie
Orders made by the Honourable Justice Nichols on 5 December 2023 permitted the late opt out of certain group members.
Please note that the Annexures to the orders have not been published to protect the private information of group members.
The persons named in these orders are permitted to opt out of the proceeding because, as at the date of these orders, they each submitted an application or notice to the Court directly or through a lawyer appointed to act for them that: (i) was in writing; (ii) was personally signed by the group member; (iii) set out adequate reasons why the group member did not file an opt out notice by the deadline and why the group member says that the Court should make an order permitting the group member to opt out.
Please note that the deadline to register or opt out has now passed
If you are, or you think that you may be a group member, you should read the documents below carefully. The Notice (a copy of which is below) contains important information about your rights to (1) register your interest in the proceedings or (2) opt out of the proceeding.
In summary, if you fall within the definition of a group member:
- You must register your interest in accordance with the Notice by Thursday, 28 September 2023 to be eligible to receive compensation if there is a settlement between the parties at the upcoming mediation. For further information on how to register, please refer to paragraphs 13 - 15 in the Notice below.
- You will remain a group member unless you take steps to opt out by Thursday, 28 September 2023. For further information about opting out, please refer to paragraphs 24 - 27 of the Notice below.
The definition of a "group member" is set out in the Notice.
Notice to group members - Registration and Opt Out (PDF 116KB)
Opt out form (pdf) (87KB)
Opt out form (Word) (18KB)
Orders of Nichols J (20 July 2023) (PDF 3.560KB)
Group Costs Order Ruling made by the Honourable Justice Nichols on 3 March 2023 ([2023] VSC 95) in the Flex Commissions Group Proceeding - ANZ and Macquarie
Orders made by the Honourable Justice Nichols on 2 August 2022 to substitute another group member as Plaintiff in the Flex Commissions Group Proceeding - ANZ and Macquarie
Ruling on discontinuance against Macquarie Leasing made by the Honourable Justice Nichols on 3 June 2022 ([2022] VSC 297) in the Flex Commissions Group Proceeding - ANZ and Macquarie
Funding information summary statement filed in the Flex Commissions Group Proceeding (Class Action) – ANZ and Macquarie
Group Proceeding Summary Statement filed in the Flex Commissions Group Proceeding (Class Action) – ANZ and Macquarie