• Contact
  • Feedback
Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now
  • News
  • Topics
    • All Topics
    • Briefs
    • Major Banks
    • Authorised deposit-taking institutions
    • Insurance, funds and super
    • Payments, mobile & wallets
    • Consumer lending
    • Mortgages
    • Business lending
    • Finance regulation
    • Debt capital markets
    • Ratings agencies
    • Equity capital markets
    • Professional services
    • Work & career
    • Foreign news
    • Other topics
  • Free Trial
  • Subscribe
  • Resources
    • Industry events
  • About us
    • About Banking Day
    • Advertise
    • Feedback
    • Contact Banking Day
  • Search
  • Login
  • My account
    • Account settings
    • User Admin
    • Logout

Login or request a free trial

More fees class actions ready to roll

06 December 2011 5:58PM
More banks can expect class action proceedings over penalty fees to begin by the end of 2011 - more than a year after a test case was first initiated against ANZ.Litigation funder IMF (Australia), which is running the ANZ case, together with law firm Maurice Blackburn, said in a media release that it would issue proceedings "against a number of other banks in the coming weeks".Through subsidiary Financial Redress, IMF has collated a database of more than 200,000 bank customers willing to support class actions against banks and credit card companies. The actions will challenge the validity of the penalty fees (such as late payment fees, overdrawn fees and dishonour fees) that are a common feature of everyday transaction accounts and credit cards.IMF engineered two rounds of mostly favourable media coverage, in early and late 2010, in its quest for recruits to what at the time was promoted as a series of class actions against a dozen local and international banks, as well as credit card firms.By the end of 2010 only one such action was underway, the one against ANZ. A preliminary legal ruling in that action was released yesterday and is reported in a separate article today.Those funding the class action (and who would share in one quarter of the proceeds of any damages) may need to get a move on.Assuming the usual six-year statute of limitations applies to these cases, the value of any damages is reducing.In late 2009 all banks followed the lead of National Australia Bank and reduced (and, in some cases, eliminated) what the banks prefer to describe as exception fees.According to data published by the Australian Bankers Association, the industry collected A$764 million in exception fees in 2010, which was down $717 million on the 2009 take of $1.48 billion.Andrew Watson, a partner at Maurice Blackburn, said yesterday that in respect of actions against other banks "we will move with alacrity".Watson also said he contested any assumption that there was a time limit on claims against banks over penalty fees.Commonwealth Bank, National Australia Bank and Westpac can all expect to be subject to class actions given the size of their customer lists and the value of potential damages. Other potential targets listed on the website of Financial Redress include the Bank of Queensland, Bendigo and Adelaide Bank, Citibank, HSBC and Suncorp.

I'm a returning subscriber

*
Password reset *
Login

Request a free trial

  • Emailing you the news at 7am.
  • Covering core lending and funding issues, strategy, payments, regulation, risk management, IT, marketing and more.
  • Original news and summaries of major stories from other media – ditch your newspaper subscriptions.
  • Focused on banking and finance, saving you the time spent wading through newspapers and other services.
  • With reporting from former editors and senior writers from the AFR and The Australian.
  • Configured for your phone, laptop and PC.
Free trial Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now

Consumer lending

  • Latitude, Harvey Norman liable for interest free GO card con

Copyright © WorkDay Media 2003-2025.

Banking Day is a WorkDay Media publication

WorkDay Media Unit Trust

  • Privacy policy
  • Terms of access and use