Register or Opt Out of Flex Commission Car Finance Class Actions

We understand that financial counselling clients may have recently received notifications to register as a group member or to opt out for one of the Flex Commission Class Actions. These are three separate legal actions that relate to people who obtained a car loan arranged through a dealer with Westpac and St George Finance / Macquarie Leasing / Esanda during the following periods:

• Westpac and St George Finance between 1 March 2013 and 31 October 2018. The Deadline for registering is 12 October 2023
• Macquarie Leasing between 1 March 2013 and 31 October 2018. The Deadline for registering is 3 October 2023, or
• Esanda between 1 January 2011 and 31 March 2016. The Deadline for registering is 28 September 2023.

If FC’s encounter clients who have received these notices, we would encourage them to refer them for legal advice asap. You can email us at consumercredit@unitingcommunities.org to pass on your client’s details or call 08 8202 5960 or 0407 575 400. It is important that a client obtains their own legal advice about whether to register as a Group Member or Opt Out because their legal rights will be impacted, even if they do not respond.

It could be a risk management issue if FC’s are encouraging or assisting clients to register as group members, without ensuring the client understands how this limits any individual action the client might take. So, we would encourage FC’s to refer the client for legal advice about whether they should register or opt out.

Further information is available on this website: https://www.mauriceblackburn.com.au/class-actions/join-a-class-action/car-loan-flex-commission-class-action/