An appeal has been lodged in a class action against ANZ over allegedly unlawful fees.

Justice Michelle Gordon ruled earlier this month that late fees charged by ANZ on credit cards could be characterised as a penalty and may be legally unenforceable.

However, honour fees, dishonour fees, overlimit fees and non-payment fees were not characterised as a penalty but as fees for services provided by the bank, Justice Gordon ruled.

Law firm Maurice Blackburn said it had lodged appeal papers in the Federal Court in Melbourne on Thursday against the ruling on honour, dishonour and overlimit fees.

They said they would seek leave for an appeal to be heard before the full bench of the Federal Court.

Maurice Blackburn said it would argue Justice Gordon should have applied a broader test of when a fee can be a penalty, which is a test that does not first need to establish a breach of contract.

A hearing should be heard in early 2012, the law firm said.

Last week Maurice Blackburn launched proceedings against four other banks, including the other three major Australian lenders, also relating to fees and charges.