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Register your interest

On 5 November 2020, the Federal Court of Australia ordered that a notice be sent to all persons who were sold and had paid premiums on either of two types of ‘consumer credit insurance’ policies, called ANZ Credit Card Insurance and ANZ Loan Protection insurance and may be group members in this class action (Opt Out and Commencement Notice).

Registration

If you have received the Opt Out and Commencement Notice and you would like to register your interest in the class action, please click below:

As seen in the media on 7NEWS ANZ set to face major class action over junk loan insurance


Slater and Gordon has commenced proceedings against ANZ for the sale of consumer credit insurance (CCI) policies. Slater and Gordon has recently settled a similar case against NAB for $49.5 million, providing compensation to NAB customers who purchased worthless CCI. The ANZ CCI Class Action is being run on a no win, no fee basis and without a litigation funder.

The ANZ CCI Class Action is part of a series of cases following the Banking Royal Commission, which heard that banks were using pressure tactics to sell unnecessary CCI products to customers who were ineligible to claim under the policies.

We allege that ANZ and insurers engaged in unconscionable and misleading and deceptive conduct by selling worthless insurance products to their customers.

What is the ANZ CCI Class Action about

On 28 February 2020, Slater and Gordon filed a class action against Australia and New Zealand Banking Group, OnePath Life, OnePath General Insurance and QBE Insurance (Australia) (together, the Respondents) in the Federal Court of Australia on behalf of persons who held CCI for their ANZ credit card or personal loan, namely:

  1. ANZ Credit Card Insurance/CreditCover Plus; and
  2. ANZ Loan Protection.

The class action is based upon allegations that the Respondents:

  1. caused customers to make payments as a result of a mistaken belief their policy was compulsory or provided value to them
  2. engaged in misleading or deceptive conduct in relation to the sale of the policies to customers
  3. engaged in unconscionable conduct in relation to the sale and issue of the policies to customers by, among other things, selling or issuing policies with no or little value
  4. in respect of ANZ only, unlawfully provided personal advice to some customers who purchased the policies in a bank branch or over the telephone

For more information on class actions, read our class actions 101 guide.

Am I eligible to participate?

You may be a group member in the ANZ CCI Class Action if, during the relevant time period, you were issued with an ANZ Credit Card or Personal Loan Protection policy and have paid a premium.

If you are a potential group member, you may have recently received a notice titled “Federal Court of Australia Notice – ANZ Consumer Credit Insurance Class Action”.

The time periods for eligibility are summarised below.

Summary of time periods that apply to the Applicants' allegations against one or more of the Respondents

Group members who wish to participate in the proceeding

If you received an Opt Out and Commencement Notice, you may be a member of the ANZ CCI Class Action and do not need to take any steps to remain a group member at this time.

However, if you wish to receive updates on the progress of the ANZ CCI Class Action and be directly notified of any major developments in the claim, you can register your interest by completing the registration form here. If you register, you will receive updates from Slater and Gordon using the contact details you provide.

If you do not wish to receive updates about the ANZ CCI Class Action, you do not have to register and can choose to do nothing.

As a group member, whether you actively register or simply remain a group member by taking no further steps to remove yourself from the claim at this time, your individual claim will be resolved through the class action. You will be bound by the outcome in the class action. This means that you will not be able to bring your own separate claim against ANZ and its insurers.

Will I have to pay legal fees if I participate?

No. This class action is being run on a No Win, No Fee basis, which means that group members who participate in the class action will not be required to make any contribution towards the legal costs unless the class action is successful.

If the class action is unsuccessful, Slater and Gordon will not charge legal fees and no group member will be liable for any legal costs. If the class action is successful, the Court may be asked to approve reasonable legal costs to be deducted from any settlement or judgement obtained on a pro-rata basis. This means that if you participate in the class action and remain a group member, you will never be out-of-pocket for legal costs.

I don't want to be part of the ANZ CCI Class Action - what do I do?

If you received the Opt Out and Commencement Notice and you do not wish to participate in the ANZ CCI Class Action, you will need to take steps to remove yourself from the proceeding (known as “opting out”) before 4.00pm AEDT on 12 February 2021 (Opt Out Deadline).

If you choose to opt out of the proceeding, you will no longer be a group member or part of the class action. This will mean that you will not be entitled to any benefit or compensation that may be obtained in the class action. However, you will still have the right to bring your own claim against ANZ and its insurers if you wish to do so.

Group members and potential group members should seek independent legal advice before choosing to opt out of the class action. To opt out is to take a serious step – you should not do so unless you understand the consequences.

If you wish to opt out, you must send the ‘Opt Out Notice’ form annexed to the Opt Out and Commencement Notice at Schedule A and return it directly to the Victorian District Registry of the Federal Court before 4.00pm AEDT on 12 February 2021.

Registration

If you would like to register your interest in the class action, please click below:

Key documents:

For more information regarding the ANZ CCI Class Action, please refer to the following documents:

Please note that the applicants intend to seek leave to file an amended statement of claim and originating application in light of a recent decision in this proceeding. Amongst other things, the proposed amendment would have the effect that claims made of unconscionable conduct and misleading or deceptive conduct in respect of Personal Loan Protection will be limited to the period from 28 February 2014.

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