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.