TLH_Logo2.png
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.

 

Read more in the Court-ordered Settlement Notice and Further Settlement Notice

 

Read the Court’s orders made on 15 September 2021 in proceedings VID180/2018 and VID182/2018 and further orders made on 15 February 2022 in proceedings VID180/2018 and VID182/2018.

 

Read the settlement approval applications in proceedings VID180/2018 and VID182/2018, the amended settlement approval applications in proceedings VID180/2018 and VID182/2018, and the further amended settlement approval applications in proceedings VID180/2018 and VID182/2018.

On 31 March 2022, the Court approved the settlement of $98 million: [2022] FCA 331.

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.

ANZ

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 actions?

Group members in Class Action VID180/2018 are Franchisees who: 

  • at any time between 20 February 2012 and 19 February 2018 (the Relevant Period) were or commenced to be franchisee parties (Franchisee) to a standard-form franchise agreement (Franchise Agreement) with 7-Eleven Stores Pty Ltd (7-Eleven);

AND:

  • have not opted out of Class Action VID180/2018. 

Group members in Class Action VID182/2018 are Nominated Directors and/or Guarantors as follows: 

  • Nominated Directors who were or commenced to be the nominated directors identified in a Franchise Agreement with 7-Eleven at any time during the 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 ANZ Bank Loan Contract entered into by a Franchisee during the Relevant Period, and which Guarantee was extant during the Relevant Period. 

 

AND:

 

  • have not opted out of Class Action VID182/2018.

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) and Maureen Oraha (Solicitor).

Mr David Pritchard SC (3 St James Hall, Sydney) led barristers Philip Tucker (Northbank Chambers, Brisbane), Gerald Ng (7 Wentworth Selborne Chambers, Sydney), Julian Zmood (8 Wentworth Chambers), Nathan Li (7 Wentworth Selborne Chambers, Sydney) and Ahmed Rizk (8 Wentworth Chambers) – for the Applicants and Group Members. We also had 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 by emailing 711@levittrobinson.com

Documents

 

The Group Member definition changed on 3 August 2018; read more here: Group Member Definition Notice.

Please email 711@levittrobinson.com if you wish to receive a Funding Agreement, to sign and return.

 

Correction Notice

Opt Out Notice VID180/2018

Opt Out Notice VID182/2018

ANZ Settlement Notice VID180/2018

ANZ Settlement Notice VID182/2018

Mediation Participation Notice and Loss & Damage Form

Settlement Notice and Objection Form

Further Settlement Notice 

Please also read the Conflicts Management Policy, the Disclosure Statement, and our recent bulletins and media releases:

Bulletin No 4 with media release of 15 February 2018

Bulletin No 5 with Originating Application and Statement of Claim filed in the Federal Court on 20 February 2018

Bulletin No 6

Bulletin No 8 and correspondence enclosed

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 ApplicationVID180 Further Amended Statement of ClaimVID182 Further Amended Originating Application and VID182 Amended Statement of Claim

Contact Us

Thanks for submitting!