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 than they otherwise would have done.

The class action, in effect, claimed that the interest rate consumers paid on their car loans was unlawfully inflated because of the way flex commissions were calculated and paid to car dealers. This means any compensation is based on the extra amount eligible group members allegedly paid in interest on their car loans because of the flex commission structure than what they otherwise may have paid. Any compensation you are entitled to will not take into account the full amount of your loan or the full amount of the interest you paid on your loan.

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.

This is not a scam. Maurice Blackburn is the Court-appointed Settlement Administrator of the Esanda Car Loans (ANZ & Macquarie Bank) Flex Commissions Class Action settlement. If you have received notices from us during the settlement administration, it is because you registered a claim to participate in the settlement.

We understand you may want to verify that any request from us is legitimate. We recommend you:

• Read the information on this webpage about any notice distributions, including the dates. We will post information here when we send out official communications. Check that the information in your notice lines up with the information on this webpage.
• Check that any email you receive about the Esanda Car Loans (ANZ & Macquarie Bank) Flex Commissions Class Action comes from our official email addresses – esandaflexCA@mauriceblackburn.com.au or donotreply@mauriceblackburn.com.au.
• Check that any text messages display ‘MBLawyers’ as the contact name.
• Check that the information you are being asked to provide is legitimate (see below for more).

When submitting your bank account details, you will be asked to provide:

• your account name
• account number and BSB
• date of birth
• nationality

We will never ask for:

• your bank card details
• your PIN number
• your internet banking login or password

Your information will be held and managed securely and lawfully in accordance with our privacy policy, which you can access here.

If you have received your Notice of Eligibility and Estimated Distribution, please carefully follow the instructions in your notice and, if requested, submit your bank account details through the secure portal. You can access the portal through the link provided in your notice.

For security reasons, and because of the large number of claimants, we cannot accept bank account details by phone or email. Please do not email us your bank account details. If we receive bank account details by email, we will delete that email and will not be able to use those details.

If you need help using the secure link, you should ask a trusted family member or friend to assist you.

Please read our detailed FAQ Guide here if you have questions or issues with submitting your details before contacting us.

If we do not receive your bank account details using the secure portal by the deadline, you may lose the right to receive compensation.

If your Estimated Distribution Notice states that you are not eligible, there is nothing further that you need to do.

We estimate payments will start in late 2026 and continue through to early 2027, but this timing may change.

Because there are over 100,000 claimants, not all payments will be made at the same time.

Before payments can be made, the Administrator must complete important checks, including checks required by law. These include checking that bank account details are valid and that each eligible claimant is not prevented from receiving this type of payment under Australian or international sanctions laws. This means payments cannot be made straight away. We cannot fast-track individual payments.

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.

Distribution payments have been calculated using the loss assessment formula set out in the Court-approved Settlement Distribution Scheme.

This result is final and cannot be reviewed or appealed, and we are unable to respond to requests to review individual assessments. 

To update your contact details in relation to the Esanda Car Loans (ANZ & Macquarie Bank) Flex Commissions Class Action, please fill out the webform available here.

Once you have submitted the form, you do not need to do anything else to update your details. We will process your request in due course.

The Supreme Court of Victoria ordered that some of the $85 million settlement sum be used to pay:

1. Legal costs (24.5% of the settlement sum);
2. Reimbursement payments to the lead plaintiff of $30,000; and
3. The costs of administering the settlement and implementing the Settlement Distribution Scheme of approximately $2.7 million.

The remainder of the settlement sum, more than $61 million, will be shared proportionately between eligible claimants, subject to any further orders of the Court.

The Court independently reviewed the settlement terms, including legal costs and the deductions set out above, and approved them as fair and reasonable for all group members.

The Administrator reports to the Court every six months on the performance of the Settlement Distribution Scheme, including costs incurred and payments made to eligible claimants. The approved amount for administration costs cannot be exceeded without Court approval. If the administration costs are less than the approved amount of approximately $2.7 million, the remaining amount will be distributed to group members or as otherwise provided for by the Settlement Distribution Scheme.

Maurice Blackburn does not retain any unclaimed funds from the distribution sum. These funds remain in the pool for distribution to other eligible claimants according to their proportional share.

For more information on costs and the Court’s reasons, you can read the Settlement Approval Orders and Settlement Approval Judgment in the ‘key documents’ section at the bottom of this webpage.