QSuper class action

1. A class action is a claim brought by one or more persons on their own behalf and on behalf of a group of people (called the group members) against another person (called the respondent, being QSuper Board in this case).
2. For more information about a class action, refer to the Shine Lawyers' webpage.

1. For information regarding this class action, please refer to the opt out notice, the statement of claim filed by the Applicant and/or defence filed by QSuper.
   You can obtain a copy of the statement of claim and defence either:
   • by downloading them from the Federal Court of Australia website
   • by downloading them from Shine Lawyers at https://www.shine.com.au/service/class-actions/qsuper-class-action or requesting a copy of them by telephone on 1800 325 172; or
   • by contacting the Registry of the Federal Court (contact details are available at https://www.fedcourt.gov.au/contact).
2. As the matter is before the Court, we are unable to speak to you further about the class action or advise you about it. If you would like more detail we direct you to the opt out notice itself or the Shine Lawyers' webpage. You can also seek independent legal advice.

1. 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.

1. As the matter is before the Court we are unable to speak to you further about the class action or advise you about it. If you would like more detail we direct you to the Shine Lawyers' webpage. You can also seek independent legal advice.

1. As the matter is before the Court, it is not yet known whether QSuper will be required to pay any amount and what, if any, amount may be payable and on what basis.
2. As the class action is a legal proceeding, we cannot discuss it with you or advise you about it.
3. For more information, you can refer to the Shine Lawyers' webpage.
4. You can also seek independent legal advice.

Class actions in Australia are generally conducted on an opt out, rather than opt in, basis. A person does not need to elect or consent to be a Group Member, but is given the opportunity to opt out during the progress of the class action. This is set out in the relevant legislation and is an important procedural aspect of class actions in Australia.

QSuper confirms that certain current and former QSuper Members (Fund Members), including those who may have received a payment from a deceased Fund Member’s interest in the QSuper Fund, or those who have received a payment from a Fund Member’s QSuper account pursuant to an order or settlement in a Family Law Act 1975 (Cth) proceeding, may have received a Notice of Opt Out Deadline about the QSuper Class Action (Opt Out Notice) during April 2023, and that the Opt Out Notice is legitimate.

The Opt Out Notice was ordered by the Court to be issued to persons who are potential Group Members in the QSuper Class Action.

The deadline set by the Court for opting out of the class action was 15 June 2023 and has now closed.

If you have questions about the Opt Out Notice you received or the opt out process, please refer to Shine Lawyers. You may also wish to seek independent legal advice.

Under the Orders made by the Court, potential group members were required to opt out of the class action by the deadline of 15 June 2023.

The deadline for opting out of the class action can only be extended through an application to the Court that must be made by a group member or a party to the class action. The Court will then consider any such application and decide whether it is appropriate to extend the deadline to enable you to opt out.

You should promptly seek independent legal advice if you did not opt out of the class action and now wish to do so.

QSuper has not disclosed any members’ personal information to the Applicant or the lawyers for the Applicant, Shine Lawyers.

QSuper and the lawyers for the Applicant in the class action (Shine Lawyers) agreed that distribution of the Opt Out Notices should occur through a third-party mailing house ordinarily engaged by QSuper, using a unique email address – shinelawyers@qsuperclassaction.com.au.

In using QSuper’s usual third-party mailing house, QSuper is able to rely on its contractual arrangements with the third-party mailing house that require that mailing house to:

• have a necessary and proportionate level of protection in consideration of the heightened risk of cyber security breaches; and
• comply with various international and Australian standards relating to data security.

1. If you did not opt out by 15 June 2023, you may receive further notifications from Shine Lawyers in relation to the QSuper Class Action.

1. As the matter is before the Court, it is not yet known whether QSuper will be required to pay any amount and what, if any, amount may be payable and on what basis.
2. As the matter is before the Court, we are unable to advise you further about the class action. If you would like more detail we direct you to the Shine Lawyers' webpage.
3. You can also seek independent legal advice.

1. Your current level of insurance is determined by you and remains unchanged.
2. It is important to remember that as the matter is before the Court, we will be unable to speak to you about the class action or advise you about it should you call.
3. If you would like more detail about the class action, we direct you to the Shine Lawyers' webpage.
4. You can also seek independent legal advice.

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”. The definition of a ‘Group Member’ is outlined above in full in the QSuper Member Q&A.
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.

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.

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 and outlined above in the QSuper Member Q&A.
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.

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.