Group proceeding brought on behalf of persons who entered into car loans issued under Macquarie Leasing Pty Ltd’s credit licence, in the period 1 March 2013 to 31 October 2018, with respect to which a “flex commission” was paid to the car dealer.
The claim alleges that car dealers acted on behalf of Macquarie Leasing 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 Macquarie Leasing 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 or providing compensation to group members.
The deadline to register or opt out has now passed.
Amended Reply filed on 16 September 2024 in the Flex Commissions Group Proceeding (Class Action) - Macquarie Leasing
Defence of Macquarie Leasing filed on 12 September 2024 in the Flex Commissions Group Proceeding (Class Action) - Macquarie Leasing
Amended Writ and Statement of Claim filed on 28 August 2024 in the Flex Commissions Group Proceeding (Class Action) - Macquarie Leasing
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.
Group Costs Order Ruling made by the Honourable Justice Nichols on 3 March 2023 ([2023] VSC 95) in the Flex Commissions Group Proceeding (Class Action) - Macquarie Leasing
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 proceeding 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 Tuesday, 3 October 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 Tuesday, 3 October 2023. For further information about opting out, please refer to paragraphs 24 – 27 in the Notice below.
The definition of a “group member” is set out in the Notice.
Notice to Group Members – Registration and Opt Out
Opt Out Form (PDF)
Opt Out Form (Word)
Orders of Nichols J (20 July 2023) – Registration and Opt Out
Orders of Nichols J (1 August 2023) – Extension of Registration and Opt Out
Funding Information Summary Statement filed on 14 October 2020 in the Flex Commissions Group Proceeding (Class Action) - Macquarie Leasing
Group Proceeding Summary Statement filed on 14 October 2020 in the Flex Commissions Group Proceeding (Class Action) - Macquarie Leasing