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QSuper Class Action

Shine Lawyers, on behalf of the Applicant, filed a class action in the Federal Court of Australia against QSuper Board Pty Limited (as trustee of QSuper) in relation to changes to insurance policy premiums for members’ insurance cover that took effect on 1 July 2016.

The statement of claim and defence filed in the Federal Court of Australia provides further detail on the allegations in the class action and the QSuper Board’s defence.

QSuper Board strongly refutes the allegations made in the class action proceedings brought against it, and is vigorously defending the claim.

As part of the proceedings, certain current and former QSuper members (and certain beneficiaries who have received a payment from a current or former QSuper member) may have received a Court mandated Opt Out Notice in April 2023. The Opt Out Notice outlined Orders made by the Court for potential group members to opt out of the class action proceedings by 15 June 2023. The period to opt out has now closed.

QSuper and the lawyers for the Applicant in the class action (Shine Lawyers) agreed that distribution of the Opt Out Notices occur through a third-party mailing house ordinarily engaged by QSuper. QSuper did not disclose any members’ personal information to the Applicant or the lawyers for the Applicant, Shine Lawyers during that process.

As the class action is before the Court, we are unable to speak further about the class action or advise you about it.

We have developed the following Q&A to assist you as best as possible within the limitations we are bound by. If you would like more detail, please visit the Shine Lawyers' webpage. You can also seek independent legal advice.

QSuper encourages you to visit this page from time to time, as periodic updates to the following Q&A may be agreed with Shine Lawyers, on behalf of the Applicant.

Please note, the class action does not involve or impact those members who only have a Super Savings account (i.e. heritage Sunsuper members who did not also have a QSuper account).

Further information

For more information, refer to Shine Lawyers’ webpage in relation to the QSuper Class Action. You can also seek independent legal advice.

Disclaimer

The content of this page has been agreed by Shine Lawyers, (who are the solicitors for the Applicant) in the class action, and QSuper.

Q&A

Super Savings account holders

  1. What does this class action mean for me? Am I impacted?
    2.
    1. The QSuper Class Action does not relate to Australian Retirement Trust (ART) Super Savings (i.e. heritage Sunsuper) members including those members who have opened an ART Super Savings account since 28 February 2022 (merger).
    2. The QSuper Class Action only relates to those members who satisfy the definition of a “Group Member” as set out at question 3 below.
    3. As the matter is before the Court, we are unable to speak to you further about the class action or advise you about it.
    4. Further information for QSuper members can be found here: QSuper Class Action Q&A
  2. Is this going to impact my future returns or fees?
    3.
    1. The QSuper Class Action does not relate to Australian Retirement Trust Super Savings members.
    2. As the matter is before the Court, we are unable to speak further about the class action or advise you about it.
  3. Do I need to do anything?
    4.
    1. As the class action is a legal proceeding, we cannot discuss the class action with you or advise you about the proceeding.
    2. The class action only relates to members who are a ‘Group Member’ as defined in the Statement of Claim, as follows:
      • were members (Fund Members):
        1. of the QSuper superannuation fund (QSuper Fund); and
        2. who on 17 May 2016 belonged to one of the accumulation categories defined by sections 22(1) and (2) of the Superannuation (State Public Sector) Deed 1990 (the QSuper Deed); and
        3. who were beneficiaries of the policy of insurance established by the QSuper Board by sections 23I(1) and 23K of the QSuper Deed which commenced on or about 16 December 2013; and
        4. who, had they made the necessary election under clause 10.4.1 of the policy of insurance entered into on or about 9 June 2016 by QSuper with QInsure Pty Ltd (QInsure) to be subject to “Occupational Rates” (as defined in the schedules to the policy), would have been entitled after 1 July 2016 to be charged premiums at one of the following rates:
          1. Standard Rate (as defined in the schedules to the policy) – where the Fund Member was between the ages of 17 and 39 years (inclusive); or
          2. Professional Rate (as defined in the schedules to the policy); or
          3. White Collar Rate (as defined in the schedules to the policy),

      or

      • at any time after 1 July 2016 received payment in respect of a deceased Fund Member of all or part of the interest of a Fund Member in the QSuper Fund; or
      • satisfy both of the following paragraphs:
        1. was the spouse of a person who was a Fund Member; and
        2. pursuant to an order or settlement in a Family Law Act 1975 (Cth) proceeding or a superannuation agreement within the meaning of part VIIIB of that Act, at any time received a transfer from a Fund Member of all or part of the Fund Member’s interest in the QSuper Fund.
    3. For more information, members can refer to the Shine Lawyers’ webpage in respect of the QSuper Class Action. You can also seek independent legal advice.
  4. Was this something that was known during the merger process? Why would you merge if a class action was proceeding?
    5.
    1. We completed our merger because it was in the best financial interests of both the Sunsuper members and the QSuper members. Our size and scale allow us to continue to provide strong long-term returns and better services for our more than two million members – this remains the case.