The Fair Play on Fees Campaign announced it would lodge court documents in the Auckland High Court on Wednesday to start legal action against Westpac New Zealand and National Australia Bank's BNZ over exception fees.The Australian-backed Campaign's New Zealand lawyer Andrew Hooker said the actions against Westpac and BNZ had been held back until judgments in similar Australian cases made the situation clearer. An appeal in the Australian case is due to be heard on Tuesday and Wednesday."We can now file against Westpac and BNZ with the knowledge that Courts in similar cases have found penalty fees, such as credit card late payment fees, to be unlawful," Hooker said, adding 41,600 had been registered to take part in the action so far. The Campaign has already launched legal action against ANZ and promised it against Kiwibank. It said in February it planned to launch legal action against BNZ, Westpac and ASB, but this morning's statement does not mention ASB.Hooker said legal action was still planned for ASB and had not been included this week for "logistics reasons." He told Banking Day the Campaign planned to file action against ASB before the end of the year.