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Adverse Publicity Order

The Federal Court of Australia has ordered Westpac Banking Corporation to publish this written adverse publicity notice.

On 26 May 2026 Justice McEvoy of the Federal Court of Australia ordered Westpac Banking Corporation (Westpac) to pay a total pecuniary penalty of $26 million in connection with Westpac’s failure to receive, and respond to, customers’ online hardship notices within the timeframes required by law throughout the period of 2 October 2015 to 7 June 2023 (Relevant Period). Affected customers include Westpac customers and St George, BankSA and Bank of Melbourne customers, who operated under Westpac’s Australian credit licence. 

Justice McEvoy imposed the $26 million pecuniary penalty after declaring that, by that conduct: 

(a) Westpac had failed to do all things necessary to ensure that the credit activities authorised by the credit licence were engaged in efficiently, honestly and fairly; and 

(b) Westpac had failed to comply with consumer credit law.

Westpac failed to give a written response to 277 customers’ online hardship notices during the Relevant Period.

Westpac made admissions of contravention in the proceeding. Westpac also cooperated with ASIC in the investigation and during the proceeding. 

Prior and during the proceeding, Westpac conducted a remediation program in which it paid a total of $1,735,126.81 in remediation to impacted customers and apologised for its conduct. This remediation program was broader than the 277 customers that were subject to the proceeding. 

Westpac has committed to funding and implementing new technology systems and processes for receiving and responding to online hardship notices. 

Further information 

The above conduct contravened the following consumer credit laws: 

• Section 72(4) and (5) of the National Credit Code, being Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth); and 
• Section 47(1)(a) and (4) of the National Consumer Credit Protection Act 2009 (Cth). 

For further information about the conduct, see the following: 

• The court’s judgment on penalty; 
• Australian Securities and Investments Commission media release; and 
• Statement of facts agreed between the parties to the proceeding which is Annexure A to the court’s judgment.