Media release
11 September 2015
Credit card late fees class action set for High Court appeal
The High Court will hear an appeal within the next six months on whether ANZ credit card
late fees are excessive or unfair.
The High Court of Australia today granted the plaintiffs, represented by Maurice Blackburn,
special leave to appeal a decision in the long-running bank fees class action against ANZ
Bank.
A ruling handed down by Justice Michelle Gordon in November 2014, found that late
payment fees charged by ANZ were penalties, and thousands of customers should receive
compensation for amounts that had been unfairly charged. This was overturned in April this
year by the full court of the Federal Court.
National head of class actions at Maurice Blackburn, Andrew Watson, said the key issue in
this appeal would be whether late fees on credit cards were unlawful.
“There is a public interest in having these issues resolved by Australia’s highest court,” Mr
Watson said.
“We have always been determined to take this fight to the end. Hundreds of thousands of
affected Australian bank customers that have paid late payment fees on credit cards that we
believe are unconscionable, unjust and excessive.”
“It is only because we have an effective class actions regime in Australia that people can join
together to take on a large corporation and pursue their rights through actions such as this,”
said Mr Watson.
The Appeal on behalf of ANZ credit card customers is being funded by IMF Bentham Ltd.
James Middleweek, Managing Director of Financial Redress, which is the IMF subsidiary
promoting the action, said, “ I am delighted that the High Court ruling today has breathed
fresh life into the fight against unfair bank fees.”
Further details www.financialredress.com.au.
History of the bank fees class actions
 22 September 2010: First bank fees class action filed against ANZ
 5 December 2011: Justice Gordon in the Federal Court finds that late payment fees
are capable of being penalties, but finds for ANZ on other fees
 16 December 2011: Class actions filed against Commonwealth, Westpac, NAB and
Citibank
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22 December 2011: Maurice Blackburn appeals adverse findings in Justice Gordon's
December judgment
1 February 2012: Class action filed against Westpac subsidiaries St George and
BankSA
18 April 2012: Class action filed against BankWest
11 May 2012: High Court grants leave to appeal Justice Gordon's judgment of 5
December 2011
14 August 2012: High Court hears appeal from Justice Gordon's judgment of 5
December 2011
6 September 2012: High Court rules that bank fees can be considered penalties
2-10 December 2013: Bank fees class action trial against ANZ runs in the Federal
Court before Justice Michelle Gordon
5 February 2014: Justice Gordon hands down judgment finding that late payment
fees on credit cards are penalties and should be repaid, with no retrospective time
limitation on claims. Justice Gordon finds for the ANZ on the other fees.
18 November 2014: Federal Court approved orders to help facilitate settlement
negotiations action against NAB, enabling any NAB customers to register to
participate in any agreed settlement.
8 April, 2015: Full court of the Federal Court reverses the February 2014 decision of
Justice Gordon that found that late fees are penalties
6 May, 2015: A special leave application was made to the High Court on the point of
late fees on credit cards.
11 September, 2015: High Court grants special leave to appeal.
Media inquiries:
Amanda Tattam at Maurice Blackburn
0413 997 467 [email protected]
James Middleweek at IMF
08-9225-2303 / 0423-975-063
[email protected]
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@wefightforfair
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