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Current class actions
Westpac Consumer Credit Insurance Class Action
Slater and Gordon have commenced proceedings against Westpac for selling “junk” insurance to consumers. If you paid for insurance on a current or former Westpac credit card, flexi loan or personal loan, you may be eligible to participate in the Westpac Class Action and get your premiums back.
Slater and Gordon have commenced proceedings against Westpac for the sale of consumer credit insurance (CCI). Slater and Gordon have recently settled a similar case against NAB for $49.5 million, providing compensation to NAB customers who purchased worthless CCI. As with NAB, the Westpac Class Action is being run on a no win, no fee basis and without a litigation funder.
The Westpac 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 Westpac and insurers engaged in unconscionable and misleading and deceptive conduct by selling worthless insurance products to their customers.
First Case Management Conference
The first case management hearing in this matter was held on 3 April 2020 before Justice O’Bryan of the Federal Court. Due to the impact of the COVID-19 outbreak, the hearing was not held in person. Instead, each party filed proposed orders and supporting submissions with the Court ahead of the hearing date, and the Court then made orders “on the papers” regarding the initial timetabling of the proceeding.
The Court’s Orders from the first case management hearing provide that:
The Respondents have until 22 May 2020 to file and serve their defences;
The Applicants have until 5 June 2020 to file and serve any reply;
The Respondents have until 19 June 2020 to provide initial discovery documents;
The parties have until 24 July 2020 to file submissions regarding discovery and the notice to group members regarding commencement of the proceeding and the rights of group members to opt out.
A further case management hearing has been listed for 7 August 2020. Following this hearing, further orders will be made regarding the timetabling of the proceeding.
What you need to know about the Westpac class action
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 unconscionable conduct in breach of section 12CB of the ASIC Act;
engaged in misleading or deceptive conduct in breach of section 12DA of the ASIC Act; and
failed to act in the best interests of, and provided inappropriate advice to, Westpac customers in breach of sections 961B and 961G of the Corporations Act.
Am I eligible to participate?
You may be a group member in the Westpac class action if, at any time since 1 January 2010, you were issued with a Westpac Credit Card Repayment Protection, Flexi Loan Repayment Protection or Personal Loan Protection policy and have paid a premium.
You can register your interest in the Westpac class action by completing the form below.
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 participants in the class action will not be required to pay any fees unless the class action is successful. This means that if you participate in the class action, you will never be out of pocket.