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

The class action concerns flex commissions paid by ANZ to car dealers. ANZ allowed car dealers to set the interest rates on consumers’ car loans. The higher the interest rate set by a dealer, the higher the flex commission paid by ANZ to the dealer. The class action alleged that flex commissions were unfair and unlawful and resulted in consumers paying higher interest rates on their loans then they otherwise would have done.

Group Members had a consumer car loan arranged through a car dealer between 1 January 2011 and 31 March 2016 on which a flex commission was paid by ANZ to the car dealer. Car loans that started with Esanda and then were transferred to Macquarie in 2016 are part of this class action.  

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 up until 14 March 2025. This was a Court ordered deadline, and Maurice Blackburn does not have the discretion to accept registrations after this time.

Group Members who failed to register before 14 March 2025 are ineligible to participate in this class action. 

You are registered for the Esanda Car Loans (ANZ and Macquarie Bank) flex commissions class action if you completed the registration form on our website between July 2020 and 14 March 2025 in respect of this class action.

Registered Group Members will have received an email confirming their registration upon completion of their registration. 

We currently estimate that the settlement administration will take 12-15 months commencing early September 2025. At this stage, we anticipate payments will commence in mid-late 2026. 

The SDS establishes the procedures for distributing the settlement sum to Eligible Group Members.

The SDS was approved by the Supreme Court of Victoria as part of settlement approval.

A copy of the SDS is available here.

Please do not send us your bank details. We will tell you when and how you can provide your bank details later in the settlement administration, in a safe and secure way.

Failure to respond to a communication request, notice or activity within a specified timeframe or due date will result in you becoming a Non-Responsive Group Member under the SDS.

Non-Responsive Group Members are not entitled to compensation under the SDS.

You will not be asked to pay any out-of-pocket costs in respect of this class action.

As outlined below, the amount of the legal costs, Plaintiff’s reimbursement payment and settlement administration costs will be deducted from the settlement sum before the remainder is distributed to Eligible Group Members.

The Court approved the following deductions from the settlement sum.

Legal costs:

The Court approved the ‘group costs order’ of 24.5%. 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.

Plaintiff’s reimbursement payment: 

The Court approved 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 appointed Maurice Blackburn as the settlement administrator to implement the settlement distribution scheme and approved the estimated settlement administration costs of approximately $2.7m to implement the settlement distribution scheme. 

We are unlikely to be able to respond to calls or emails about any information that is contained on this webpage as all information you need to know at this stage, can be found here.

We will send all critical communications, which are personal to you and your claim/s, by email.  

If you need to update your contact details, please click here.

If you need information about something not already answered on this webpage, email esandaflexca@mauriceblackburn.com.au. Please ensure that you include the nature of your request in the subject matter of the email to assist us in managing responses.

If your enquiry requires a timely response (and is not generic in nature or concerns a matter which can be dealt with later in the settlement administration), then we will respond to you as soon as we can.