Skip to main content Skip to main navigation
Skip to access and inclusion page Skip to search input

Information regarding Class Action Notice

In late 2017, Shine Lawyers commenced a Class Action against Westpac in the Federal Court of Australia. The action is brought by four individual Applicants on their own behalf and on behalf of other individuals and entities known as 'Group Members'. Westpac is defending this action.

Notice to Group Members

As a current or former Westpac, St.George, Bank SA, Bank of Melbourne or BT Life Insurance customer who purchased insurance through a financial adviser employed by Westpac, you may have recently received a document in the post or by email called an "Opt-Out Notice (PDF 200KB)".
 

This is not a Notice from Westpac. This is a Notice which the Federal Court has ordered to be sent to all potential Group Members. The Notice has been sent to you because you may be a Group Member. Please note that your personal details have not been shared with the Applicants or their lawyers.

What is the Opt-Out Notice?

The Notice is designed to let you know your options in relation to the Class Action.
 

As explained more fully in the Notice, your options are: 

 

1. to “opt out” – that is, to remove yourself from the Class Action so that you are not a Group Member in the proceedings;

2. to “sign up” in one of two different ways:

a) by just providing your details to Shine Lawyers (who act for the four Applicants) without signing any legal agreements; or

b) by entering into legal agreements with Shine Lawyers and the company who is funding the Class Action; or

3. to do nothing.

Details of each of these options are set out in the Notice. 

What should I do if I have received a Notice?

You should decide which of the above options you would like to choose. You may wish to seek legal advice from your own family lawyer or a lawyer that you choose in order to help you make this decision.

What if I have further questions?

If you have any questions about this Class Action, you can email us at LCAWBC@westpac.com.au. Please note, however, that we cannot provide you with any legal advice concerning the Notice or the Class Action or make any recommendation about what you should do in relation to the Notice. Should you require advice about those matters you should seek your own legal advice.

What is a class action?

A class action is a Court proceeding that is brought by one or more persons ("Applicant") on his or her own behalf and on behalf of a group of people ("group members") against another person/s ("Respondent") where the Applicant and the group members may have similar claims against the Respondent.
 

The Applicant in a class action does not need to seek the consent of group members to commence a class action on their behalf.  However, the law requires that group members must be given the opportunity to opt out of the class action if they wish to do so.