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Shine Lawyers, on behalf of the Applicant, filed a class action in the Federal Court of Australia against
Board Pty Limited (as trustee of QSuper) in relation to changes to insurance policy premiums for
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
We have developed the following Q&A to assist you as best as possible within the limitations we are
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
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
Savings account (i.e. heritage Sunsuper members who did not also have a QSuper account).
For more information, refer to Shine Lawyers’ webpage in relation to the QSuper Class Action. You can also seek
The content of this page has been agreed by Shine Lawyers, (who are the solicitors for the Applicant) in
class action, and QSuper.
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 – firstname.lastname@example.org.
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: