This is a group proceeding (class action) brought on behalf of persons who entered into car loans issued under Westpac or St George Finance’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 Westpac and St George Finance 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).
It is also alleged that Westpac and St George Finance 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 seeks Court orders voiding the loan agreements or providing compensation to group members.
If you have received an email, text message or letter with details on how to register or opt out of this group proceeding, you have been identified as a potential group member.
IMPORTANT INFORMATION ABOUT REGISTRATION AND OPTING 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 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 Thursday, 12 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 Thursday, 12 October 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
Opt Out Form (PDF)
Opt Out Form (Word)
Orders of Nichols J (20 July 2023) – Registration and Opt Out
Order of Nichols J (1 August 2023) – Extension of Registration and Opt Out
Amended Reply to St George Finance Defence filed on 16 September 2024 in the Flex Commissions Group Proceeding (Class Action) - Westpac and St George Finance
Defence of Westpac filed on 11 September 2024 in the Flex Commissions Group Proceeding (Class Action) - Westpac and St George Finance
Defence of St George Finance filed on 11 September 2024 in the Flex Commissions Group Proceeding (Class Action) - Westpac and St George Finance
Amended Writ and Statement of Claim filed on 28 August 2024 in the Flex Commissions Group Proceeding (Class Action) - Westpac and St George Finance
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) – Westpac and St George Finance
Funding Information Summary Statement filed in the Flex Commissions Group Proceeding (Class Action) – Westpac and St George
Group Proceeding Summary Statement filed in the Flex Commissions Group Proceeding (Class Action) – Westpac and St George