Esanda Car Loans Flex Commissions Class Action
For information about this Class Action, please visit this page.
Flex commissions class action against Macquarie Leasing
The class action is about “flex commissions” paid by Macquarie Leasing to car dealers. The Plaintiffs allege that Macquarie Leasing allowed car dealers to set the interest rates on certain consumers’ car loans and that the higher the interest rates set by the car dealers, the higher the flex commissions paid by Macquarie Leasing to those car dealers. The Plaintiffs allege that flex commissions were unfair and resulted in consumers paying higher interest rates on their car loans than they otherwise would have done. Macquarie Leasing denies the claims made against it in the class action.
Group members had a consumer car loan arranged through a car dealer between 1 March 2013 and 31 October 2018 with Macquarie Leasing.
Car loans that were with ANZ (Esanda) and transferred to Macquarie Bank in March 2016 are not part of this class action.
Proposed settlement
The parties have agreed to settle the flex commission class action against Macquarie Leasing for $56.5 million including all costs and taxes. The proposed settlement has been agreed on a no admission of liability basis.
The settlement is subject to approval of the Supreme Court of Victoria. The Court will conduct a hearing on 20 August 2025 to decide whether to approve the proposed settlement and, if so, how the settlement sum will be distributed to group members.
If the Court approves the proposed settlement, it will bind all group members, except those who opted-out of the proceeding.
Notice of proposed settlement
Potential group members were sent a notice about the proposed settlement via email between 19 and 22 May 2025. The notices were sent via email from one of the following email addresses:
A copy of the notice is available here.
If you have previously registered for the class action on Maurice Blackburn’s website, there is nothing further you need to do to participate in the proposed settlement at this stage.
If you have not previously registered for the class action on Maurice Blackburn’s website you may:
- Register: If you would like to participate in the proposed settlement you must register by 19 June 2025.
- Do nothing: If you do not register by 19 June 2025, you will not be entitled to any money from the proposed settlement, if approved, but you will still be bound by it. This means that any claims you may have had against Macquarie Leasing for issues arising from or relating to the claims made against it in the class action will be extinguished.
If you have opted out of the class action, you are ineligible to participate in the proposed settlement.
Object to the proposed settlement
If you would like to object to the proposed settlement, you may do so by completing a notice of objection and emailing it to macquarieflexCA@mauriceblackburn.com.au by 13 June 2025
A notice of objection form is available here.
Any group member who objects may appear before the Court at the hearing of the application to approve the proposed settlement on 20 August 2025. Any objections will be considered by the Court in determining whether to approve the proposed settlement.
If you want to object to the proposed settlement, but nevertheless participate in it if it is approved, you should register as set out above.
FAQs for the flex commissions class action against Macquarie Leasing
If you received a notice of proposed settlement, you have either:
- been identified as a potential group member in the class action by Macquarie Leasing; or
- have previously registered for the class action with Maurice Blackburn.
If the Court approves the proposed settlement, the settlement sum will be distributed to eligible group members pursuant to a settlement distribution scheme.
A copy of the proposed settlement distribution scheme will be available on our website from 22 May 2025.
The settlement distribution scheme is subject to approval by the Court. The settlement distribution scheme aims to deliver a simple, fair and cost-effective way to distribute the settlement funds to eligible group members.
Under the proposed settlement distribution scheme, the settlement sum will not be divided equally between eligible group members. This is because group members’ claims have different values, risks and complexities associated with them.
We are unable to provide group members with an estimate of the amount of money they will receive if found eligible to participate in the proposed settlement. This is because any amount of compensation they receive will depend on a range of factors, including the:
- number of group members who register to participate in the proposed settlement;
- terms of their loan contract; and
- date on which they entered their car loan contract.
At this stage, we are unable to tell eligible group members when they will receive compensation.
The Court will be asked to approve the following deductions from the settlement sum before the remainder is distributed to eligible group members.
Legal costs:
The Court has made a ‘group costs order’ of 24.5% in this proceeding. This means that Maurice Blackburn will be paid 24.5% of the settlement sum (i.e., $13,842,500) for legal costs and the risks it took in running the class action from October 2020 to 20 August 2025. The Court may adjust the group costs order if it considers it appropriate to do so.
Plaintiff’s reimbursement payment:
The Court will be asked to approve a reimbursement payment of $40,000 to the Plaintiffs to compensate them for their time associated with the class action.
Settlement administration costs:
The Court will be asked to appoint Maurice Blackburn as the settlement administrator to implement the settlement distribution scheme.
We estimate that there will be $1,533,000 in settlement administration costs associated with implementing the settlement distribution scheme.
The Court has made a group costs order of 24.5% in the class action. This means that Maurice Blackburn will be paid 24.5% of the settlement sum for legal costs and the risk it took in running the class action. The amount of the group costs order will be deducted from the settlement sum before the remainder is distributed to eligible group members.
The Court will also be asked to approve the Plaintiffs’ reimbursement payment and settlement administration costs as outlined above.
Contact us
If you have any questions regarding the above, you can contact our team on:
Flex commissions class action against Westpac & St George Finance
The class action is about “flex commissions” paid by Westpac and St. George Finance to car dealers. The Plaintiffs allege that Westpac and St. George Finance allowed car dealers to set the interest rates on consumers’ car loans; and paid higher commissions to dealers when they set higher interest rates on those loans. The Plaintiffs allege that these arrangements resulted in consumers paying higher interest rates on their car loans than they otherwise would have done; that this constituted “unfair conduct” for the purposes of the National Consumer Credit Protection Act 2009 (Cth); and that Westpac and St. George Finance are responsible for the car dealers’ conduct.
Group members had a consumer car loan arranged through a car dealer between 1 March 2013 and 31 October 2018 with Westpac or St. George Finance.
Proposed settlement
The parties have agreed to settle the proceeding for $130 million including legal costs. The proposed settlement has been agreed on a no admission of liability basis.
The proposed settlement is subject to the approval of the Supreme Court of Victoria.
Group members will soon have a further opportunity to register to participate in the proposed settlement of the flex commission class action against Westpac and St George Finance.
Further information and updates about the proposed settlement of the flex commission class action against Westpac and St George Finance will be published on this website.
If you would like to update your contact details please send an email to Flexclassaction@mauriceblackburn.com.au with your full name, your registration identification number (if you have it on hand) and your new contact details. Make sure you put “Change in Contact Details” in the subject line of your email.
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Australian leaders in class actions.
Our reputation for excellence in class actions is unparalleled, having recovered more than $5 billion for clients.
We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.
Lower cost to clients
Biggest recoveries
Most experienced
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