Esanda Car Loans (ANZ and Macquarie Bank) Flex Commission Class Action Settlement Administration

You are a group member if you had a consumer car loan arranged through a dealer on which a flex commission was paid with ANZ (‘Esanda’) between 1 January 2011 and 31 March 2016.

PLEASE NOTE:

• Car loans that started with Esanda and then were transferred to Macquarie in 2016 are part of the ANZ (Esanda) Car Loan Class Action. 
• It does not matter whether or not you have paid off the car loan and whether or not you still have the car you paid for with the car loan.
• This class action covers car loans on new and used vehicles.
• This class action only covers consumer car loans arranged through car dealers. It does not cover loans arranged directly with the banks, novated leases, business loans or goods loans.

The registration period has closed.

The deadline to register to participate in the proposed settlement of the Esanda car loans (ANZ and Macquarie Bank) flex commissions class action has passed.

Group members were able to register their claims between 14 February 2025 and 14 March 2025. This was a Court ordered deadline, and Maurice Blackburn does not have the discretion to accept registrations after this time.

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 is available here. It 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 registered to participate in the proposed settlement;
• terms of their loan contract; and
• date on which they entered their car loan contract.

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., $20,825,000) for legal costs and the risks it took in running the class action from August 2020 to 9 May 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 $30,000 to the Plaintiff to compensate him for his 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 up to $3.5 million 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 Court will also be asked to approve the Plaintiff’s reimbursement payment and settlement administration costs as outlined above.  These costs will be deducted from the settlement sum before the remainder is distributed to eligible group members.