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Westpac fined $26M over financial hardship failures
The Federal Court has ordered Westpac (ASX:WBC) to pay a $26 million civil penalty following a lawsuit by the Australian Securities and Investments Commission over systemic failures in handling customers experiencing financial hardship.
The corporate watchdog launched legal action after discovering Westpac and its subsidiaries—including St George, BankSA, and the Bank of Melbourne—failed to respond to more than 200 online hardship notices within the legally mandated timeframe.
The compliance breakdowns spanned nearly six years, between 2017 and 2023.
Impacted customers had reached out for urgent assistance while struggling to maintain repayments on home loans, credit cards, personal loans, and car loans.
In handing down the judgement, Justice McEvoy rejected Westpac’s submission for a lesser $10 million fine, labelling that figure "little more than derisory" given the scale of the breaches.
While acknowledging the contraventions were not deliberate, stemming instead from inadequate computer systems and operational failures, Justice McEvoy determined the bank's conduct amounted to gross negligence.
Many vulnerable Australians—including individuals dealing with domestic abuse, natural disasters, serious illness, or sudden job loss—were left waiting weeks beyond the legal deadline for a response, while some never received a reply at all.
ASIC Deputy Chair Sarah Court stated that the multi-million-dollar penalty sends a definitive warning to the banking sector, emphasising that lenders must drastically improve their support mechanisms.
Court noted that Westpac ultimately failed the very customers who required breathing room during their most challenging moments.