Register your interest
On 25 September 2020, the Federal Court of Australia ordered that a notice be sent to all persons who were sold three types of ‘consumer credit insurance’ policies, called Credit Card Repayment Protection, Flexi Loan Repayment Protection and Personal Loan Protection insurance and may be group members in this class action.
If you have received this notice and would like to register your interest in the class action, please go to this link.
Slater and Gordon has commenced legal proceedings against Westpac 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 Westpac CCI Class Action is being run on a no win, no fee basis and without a litigation funder.
The Westpac CCI Class Action is part of a series of cases following the Banking Royal Commission, which heard that banks were using unfair tactics to sell unnecessary CCI products to customers who were ineligible to claim under the policies.
We allege that Westpac and insurers engaged in unconscionable and misleading and deceptive conduct by selling worthless insurance products to their customers.
What is the Westpac CCI Class Action about?
On 28 February 2020, Slater and Gordon filed a class action against Westpac, Westpac Life and Westpac General (together, the Respondents) in the Federal Court of Australia on behalf of persons who held CCI for their Westpac credit card, flexi loan or personal loan, namely:
- Westpac Credit Card Repayment Protection;
- Westpac Flexi Loan Repayment Protection; and
- Westpac Personal Loan Protection.
The class action is based upon allegations that the Respondents:
- engaged in misleading or deceptive conduct (for example, by failing to inform some customers that the policies were optional);
- caused customers to make payments as a result of the mistaken beliefs of some customers that the policies were not optional or provided value;
- engaged in unconscionable conduct by, among other things, using 'unfair tactics' in arranging the issue of the policies and not giving customers an adequate opportunity to consider whether the policies were suitable for them; and
- unlawfully provided personal advice to some customers who purchased the policies in a bank branch or over the telephone after 28 February 2014.
For more information on class actions, read our class actions 101 guide.
Am I eligible to participate?
You may be a class member in the Westpac CCI Class Action if, at any time since 1 January 2010, you:
- were issued with a Westpac Credit Card Repayment Protection policy, Flexi Loan Repayment Protection policy or Personal Loan Protection policy; and
- have paid a premium for that policy (or policies).
If you are a potential class member, you may have recently received a notice titled “Federal Court of Australia Notice – Westpac Consumer Credit Insurance Class Action” (Opt Out and Commencement Notice).
Class members who wish to participate in the proceeding
If you received an Opt Out and Commencement Notice, you may be a member of the class action and do not need to take any steps to remain a class member at this time.
However, if you wish to receive updates on the progress of the class action and be directly notified of any major developments in the claim, you can register your interest in the Westpac CCI class action by completing the registration form link. 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 class action, you do not have to register and can choose to do nothing.
As a class member, whether you actively register or simply remain a class 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 Westpac 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 class 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 class 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 class member, you will never be out-of-pocket for legal costs.
I don't want to be part of the Westpac 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 Westpac CCI class action, you will need to take steps to remove yourself from the proceeding (known as “opting out”) before 4.00pm AEDT on 11 January 2021 (Opt Out Deadline).
If you choose to opt out of the proceeding, you will no longer be a class 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 Westpac and its insurers if you wish to do so.
Class members and potential class 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 11 January 2021.
For more information regarding the Westpac CCI Class Action, please refer to the following documents:
Please note that the applicant intends to seek leave to file an amended statement of claim and originating application in light of the decision in Reilly v Australia and New Zealand Banking Group Limited (No 2)  FCA 1502, a representative proceeding against ANZ, which relates to analogous CCI products. 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.
We’re here to help. Make an inquiry now.
If you have a question about the Westpac CCI Class Action, or any other class action, make an enquiry now and our team will be in touch as soon as possible or call us on 1800 751 301