QSuper class action

The QSuper Board Pty Ltd (QSuper Board) has agreed to settle the class action that was based on the introduction of occupational ratings for insurance purposes for QSuper members on 1 July 2016, prior to the QSuper merger with Sunsuper to form Australian Retirement Trust (ART).

The QSuper Board has reached an in-principle settlement with class action law firm, Shine Lawyers, to avoid the risk of costs associated with ongoing litigation.

In agreeing to resolve the class action, the QSuper Board has made no admissions of liability or wrongdoing.

The settlement remains subject to Federal Court approval.

The in-principle settlement amount is $67m, inclusive of fees and costs.

The funds to settle the class action will not come out of member accounts. The settlement amount will come out of money that had already been set aside by QSuper to provide for the potential liability from the class action, which was put into a reserve at the time of the merger to form Australian Retirement Trust.

If the in-principle settlement is approved by the Court, the process for distributing the settlement amount to eligible group members will be determined and approved by the Court – and information will be provided to those eligible group members through Court-approved notices.

If the in-principle settlement is approved by the Court, the process for distributing the settlement amount to eligible group members will be determined and approved by the Court – and information will be provided to those eligible group members through Court-approved notices.

To help determine whether you might be an eligible group member, please refer to ‘Who is an eligible Group Member? Does this class action relate to me? What is the definition of a Group Member in the Further Amended Statement of Claim?’, below – or contact Shine Lawyers.

The agreement to settle the class action was taken to avoid the risk of costs associated with ongoing litigation, and has been taken in accordance with our duty to act in members’ best financial interests. 

In agreeing to resolve the litigation, the QSuper Board Pty Ltd has made no admission of liability or wrongdoing.

Money was set aside prior to the merger to provide for the potential liability from the class action. The settlement amount will come out of the money set aside in a reserve by QSuper at the time of the merger with Sunsuper to form ART. No funds to settle the class action will come out of member accounts.

While the in-principle settlement has been reached, the in-principle settlement is still subject to Court approval, and we are limited in the information we can provide and are unable to give members advice.

If the in-principle settlement is approved by the Court, the process for distributing the settlement amount to eligible group members will be determined and information will be provided to those eligible group members through Court-approved notices. The settlement scheme will be administered by a Court approved administrator.

The settlement remains subject to Court approval. If the in-principle settlement is approved by the Court, the process for distributing the settlement amount to eligible group members will be determined and information will be provided to those eligible group members through Court-approved notices. The settlement scheme will be administered by a Court approved administrator.

No - the upcoming insurance update is part of our standard annual review of premiums, and is not connected to the class action. We review insurance premiums each year to reflect changes in costs to provide insurance for our members. This year’s re-rate results in reduced premiums for many members.

You can read more about that change in our Product Update for May 2025: https://qsuper.qld.gov.au/-/media/pdfs/qsuper-public/publications/product-update-super-may-2025.pdf

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 the QSuper Board Pty Ltd as the trustee for the former QSuper superannuation fund in this case).

For more information about this class action, refer to the Shine Lawyers webpage.

The class action was based on the introduction of occupational ratings for insurance purposes for QSuper members on 1 July 2016. For information regarding this class action, please refer to the Further Amended Statement of Claim filed by the Applicant and/or the Defence to the Further Amended Statement of Claim filed by the QSuper Board Pty Ltd.

You can obtain a copy of the Further Amended Statement of Claim and Defence to the Further Amended Statement of Claim 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 560 652; or
• by contacting the Registry of the Federal Court (contact details are available at https://www.fedcourt.gov.au/contact).

As the settlement is still subject to Court approval, 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.

The class action only relates to members who are a ‘Group Member’ as defined in the Further Amended 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.

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.

In April 2023 certain current and former QSuper 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).

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.

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 previous 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.

If the in-principle settlement is approved by the Court, it is intended that any initial Court-approved notice sent to eligible group members, relating to the settlement, will be distributed in the same way (i.e. through a third-party mailing house ordinarily engaged by QSuper).

While the Court is yet to approve the method of distribution of future notices, we are committed to protecting members’ personal data as we did with the distribution of the previous Opt Out Notices.

The in-principle settlement amount will come out of a financial reserve set aside by QSuper at the time of the merger with Sunsuper to form ART. No funds to settle the class action will come out of member accounts.

Your current level of insurance remains unchanged. Everyone's insurance needs are different, so we encourage members to understand how much cover you have, and whether it is right for your unique circumstances.

The QSuper Class Action does not relate to members who have only held an ART Super Savings (formerly Sunsuper) account, including those members who have opened an ART Super Savings account since the merger to form ART on 28 February 2022.

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 – refer to ‘Who is an eligible Group Member? Does this class action relate to me? What is the definition of a Group Member in the Further Amended Statement of Claim?’.

The QSuper Class Action does not relate to members who have only held an ART Super Savings (formerly Sunsuper) account. Money was set aside prior to the merger to provide for the potential liability from the class action. Once approved, the settlement amount will come out of the money set aside by QSuper before the merger with Sunsuper to form ART. No funds to settle the class action will come out of member accounts.

As the class action is a legal proceeding, Court rules mean we cannot discuss the class action with you or advise you about the proceeding.

The class action only relates to members who are a ‘Group Member’ as defined in the Further Amended Statement of Claim and outlined above in the QSuper Member Q&A – refer to ‘Who is an eligible Group Member? Does this class action relate to me? What is the definition of a Group Member in the Further Amended Statement of Claim?’.

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.

The settlement amount will come out of money that had already been set aside by QSuper to provide for the potential liability from the class action, which was put into a reserve at the time of the merger to form Australian Retirement Trust.

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.

As there is no impact to members who have only held an ART Super Savings (formerly Sunsuper) account, we are not currently planning any direct communications. However, we are keeping our website updated so all members can access the latest information.

You can also visit Shine Lawyers’ website or seek independent legal advice.