If you were a QSuper member as at 1 July 2016, and satisfy the definition of a group member in the class action brought by Jessica Amy Challenor against the QSuper Board, you may have recently received a letter and opt out notice in relation to the class action.

A copy of the opt out notice is available here.

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 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 website or review the opt out notice you have received. You can also seek independent legal advice.

QSuper (Respondent) 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, this notice and 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).

Why was I contacted?

Members identified as potential Group Members in the QSuper class action may have received an opt out notice.

The definition of Group Members in the class action is referred to at paragraph 16 of the opt out notice.

What do you need to do?

The opt out notice, which you should read in full, provides that you may do one of two things:

  • You may take no action and continue to be part of the QSuper Class Action; OR
  • You may take action and opt out of the class action.

Was my personal information held by QSuper given to Shine Lawyers or to a third party?

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) have 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.

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 (which is the Respondent).

Member Q&A

Yes, QSuper confirms that certain current and former QSuper Members (Fund Members) may have received from shinelawyers@qsuperclassaction.com.au a Notice of Opt Out Deadline about the QSuper Class Action (opt out notice), and that the notice is legitimate. You can check and obtain copies of the relevant documents about the class action either:

  1. 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
  2. by contacting the Registry of the Federal Court (contact details are available at https://www.fedcourt.gov.au/contact).
  1. A class action has been filed in the Federal Court of Australia against QSuper Board Pty Limited (QSuper) on behalf of 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 (Group Member).
  2. A person may be part of this group of current and former members if they had insurance cover through QSuper on 1 July 2016, which is why you received the opt out notice.
  3. Although Group Members are not asked whether they wish to join a class action, they are given an opportunity to not participate in the class action by opting out.
  4. The opt out notice was ordered by the Court to be issued to QSuper members who are potentially group members in the QSuper Class Action. This is a necessary legal procedural step in all class actions. The purpose of the opt out notice is to ensure that group members are aware of the existence of the class action, and they are given the opportunity to opt out of the class action if they do not wish to be part of it.
  5. 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 website. You can also seek independent legal advice.
  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 paragraphs 7 to 11 of the opt out notice [or the Shine website].
  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:
  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 website. You can also seek independent legal advice.
  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 opt out notice itself or the Shine website. 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 opt out notice or the Shine website.
  4. You can also seek independent legal advice.
  1. The opt out notice, which you should read in full, provides that you may do one of two things
    • You may take no action and continue to be part of the QSuper Class Action; OR
    • You may take action and opt out of the class action.
  2. As the matter is before the Court, we are unable to speak to you further about the class action or advise you about which option to take. The opt out notice describes what will happen if you opt out or remain a group member in the class action.
  3. For more information, we direct you to the opt out notice itself or the Shine website.
  4. If there is anything in the opt out notice that you do not understand, you should seek your own legal advice.
  1. If you do not opt out, you may receive further notifications 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 opt out notice itself or the Shine website.
  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 opt out notice itself or the Shine website.
  4. You can also seek independent legal advice.
  1. Potential group members in the class action may have received an opt out notice.
  2. The definitions of a “Group Member” are set out at paragraph 16 of the opt out notice, which you should read in full.
  3. For more information, recipients of the opt out notice can refer to the Shine Lawyers’ Webpage in relation to the QSuper Class Action or the ART website.
  4. You can also seek independent legal advice.

Australian Retirement Trust Super Savings Account Holder Q&A

  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.
  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 opt out notice with you or advise you about the proceeding. The opt out notice which contains information about the class action is on the ART website.
  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.
  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.