Bank fees class action: A history


  • 22 September 2010: First bank fees class action filed against ANZ 
  • 5 December 2011: Justice Gordon in the Federal Court finds that late payment fees are capable of being penalties, but finds for ANZ on other fees 
  • 16 December 2011: Class actions filed against Commonwealth, Westpac, NAB and Citibank 
  • 22 December 2011: Maurice Blackburn appeals adverse findings in Justice Gordon's December judgment 
  • 1 February 2012: Class action filed against Westpac subsidiaries St George and BankSA 
  • 18 April 2012: Class action filed against BankWest (pto)
  • 14 August 2012: High Court hears appeal from Justice Gordon's judgment of 5 December 2011
  • 6 September 2012: High Court rules that bank fees can be considered penalties 
  • 2-10 December 2013: Bank fees class action trial against ANZ runs in the Federal Court before Justice Michelle Gordon
  • 5 February 2014: Justice Gordon hands down judgment finding that late payment fees on credit cards are penalties and should be repaid, with no retrospective time limitation on claims. Justice Gordon finds for the ANZ on the other fees.
  • 18 - 19 August 2014: Hearing of appeal before Full Court of the Federal Court 
  • Wednesday 8 April 2015: Appeal judgment delivered by the Full Court of the Federal Court. Finds in favour of ANZ on its appeals and against the plaintiff on its appeals.