7-Eleven Class Action
Settlement reached with 7-Eleven
On 4 August 2021, the Applicants and 7-Eleven agreed to settle the Class Actions for $98,000,000 (ninety-eight million dollars) and signed a Deed of Settlement and Release (the Settlement), subject to the Court approving settlement.
On 12 August 2021, the Applicants applied for Court-approval of the Settlement.
The Class Action Settlement Deed and proposed Settlement Scheme are confidential and only available to verified group members. Contact Levitt Robinson if you wish to access these documents and we will supply you with a confidential passcode in order to do so.
By entering the confidential Passcode you confirm that:
(a) you are a Group Member in proceedings VID180 of 2018 or VID182 of 2018 (7-Eleven Class Action proceedings) or represent such a group member as its authorised agent or in a professional capacity;
(b) you undertake to the parties to the Class Action Settlement Deed to keep the content of the Class Action Settlement Deed and Settlement Scheme confidential;
(c) you will not share these documents or disclose their content with anyone else save for the purpose of obtaining or giving legal or financial advice and that if you do not then you may be liable for damages suffered by any party to the Class Action Settlement Deed; and
(d) you will inform any external lawyer instructed by you of the confidentiality obligation described in paragraph (b) above.
You can read the current pleadings here:
Any person who wishes to oppose the making of orders in accordance with the Approval Application must do so by:
sending a completed Objection Form so that it is received by the Victorian District Registry of the Federal Court of Australia, either via email to email@example.com or by post to the Registry, Federal Court of Australia, 305 William Street, Melbourne Victoria 3000, by 19 October 2021; or
appearing at the Approval Hearing listed for 10:15 am on 16 November 2021.
The proceedings against ANZ have been settled and discontinued. The claim against ANZ had alleged irresponsible lending and breaches of the Code of Banking Practice by ANZ Bank, with respect to 7-Eleven franchisees. However, the case against ANZ has been put “on hold.” The running of limitation periods as against ANZ has been suspended until the 7-Eleven action is completed, and ANZ was required to (and did) participate in the mediation between the Franchisees and 7-Eleven. All Class Action claims against ANZ are preserved until after the proceedings against 7-Eleven have been resolved. We and the Bank will review the position at the end of the 7-Eleven proceedings.
Am I eligible to participate in the class action?
You are a group member in Class Action VID180/2018 if:
You are a Franchisee who at any time between 20 February 2012 and 19 February 2018 entered into a standard-form franchise agreement (Franchise Agreement) with 7-Eleven Stores Pty Ltd (7-Eleven); and
you have not opted out of the class action.
You are a group member in Class Action VID182/2018 if you are a Nominated Director and/or Guarantor as follows:
Nominated Directors who were or commenced to be the nominated directors identified in a standard-form franchise agreement (Franchise Agreement) with the first respondent, 7-Eleven Stores Pty Ltd (7-Eleven) at any time between 20 February 2012 and 19 February 2018 (Relevant Period); or
Guarantors who provided indemnities, guarantees, mortgages or other securities (Guarantees) in respect of a Franchisee’s obligations under a Franchise Agreement or Bank Loan Contract entered into by a Franchisee during the Relevant Period, and which Guarantee was extant during the Relevant Period.
you have not opted out of the class action.
The Legal Team
The team at Levitt Robinson Solicitors running the Class Action is led by Senior Partner, Stewart Levitt, and includes Brett Imlay (Special Counsel), Jem Punthakey (Senior Associate), Chris D’Netto (Solicitor), George Comino (Solicitor) and, Maureen Oraha (Solicitor).
Mr David Pritchard SC (3 St James Hall, Sydney) has agreed to lead barristers Philip Tucker (Northbank Chambers, Brisbane), Gerald Ng (7 Wentworth Selborne Chambers, Sydney), Julian Zmood (8 Wentworth Chambers), and Nathan Li (7 Wentworth Selborne Chambers, Sydney) and Ahmed Rizk (8 Wentworth Chambers) – for the Applicants and Group Members. We also have access to the resources of other eminent Counsel in Sydney and Melbourne, to consult on specific matters arising in the proceedings.
Get In Touch
Are you a potential group member (i.e. were you a 7-Eleven Franchisee at any point between 20 February 2012 and 19 February 2018)? To find out more, contact Levitt Robinson solicitors on (02) 9286 3133 or firstname.lastname@example.org
The Group Member definition changed on 3 August 2018; read more here: Group Member Definition Notice.
Please email email@example.com if you wish to receive a Funding Agreement, to sign and return.
Earlier versions of the pleadings sealed by the Court on 7 December 2018 (please note that the versions sealed by the Court on 3 March 2020 are linked above): VID180 Further Amended Originating Application, VID180 Further Amended Statement of Claim, VID182 Further Amended Originating Application and VID182 Amended Statement of Claim
Earlier versions of the pleadings: