QSuper Class Action
27th May 2025
You may have seen that the QSuper Board Pty Ltd (QSuper Board) has been involved in a class action filed in the Federal Court of Australia. Below, we’ve prepared some information so that members can keep up to date with the process.
An update on the class action
The QSuper Board has reached an in-principle agreement to settle the class action relating to the introduction of occupational ratings for insurance purposes for QSuper members on 1 July 2016. The legal action started before QSuper merged with Sunsuper to form Australian Retirement Trust (ART).
The QSuper Board hasn’t admitted any wrongdoing, and chose to settle the matter to avoid the risk of costs from ongoing litigation.
The settlement will be paid from a reserve set aside by QSuper before the merger. Importantly, member accounts will not be impacted.
The in-principle settlement amount is $67m which includes legal costs and disbursements, and other fees and costs associated with the class action.
What happens next?
The agreement still needs to be approved by the Court. If that happens, the Court will also decide how eligible group members will receive any settlement payments. Eligible group members will be contacted directly through a Court-approved notice with further information.
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.
We have developed the Q&A below to help you as best as possible. If you would like more detail, you can visit Shine Lawyers' webpage or seek independent legal advice.
Please note the class action only involves certain current and former QSuper members (and certain beneficiaries who have received a payment from a current or former QSuper member) who meet specific criteria, including holding insurance cover through a QSuper account on 1 July 2016. It does not involve members who have only held an ART Super Savings (formerly Sunsuper) account.
What’s the background?
Shine Lawyers, on behalf of the Applicant, filed a class action in the Federal Court of Australia against the QSuper Board Pty Limited (QSuper Board) as trustee of QSuper in relation to the introduction of occupational ratings for insurance purposes for QSuper members on 1 July 2016.
The Further Amended Statement of Claim and Defence to the Further Amended Statement of Claim filed in the Federal Court of Australia provides further detail on the allegations in the class action and the QSuper Board’s defence.
Q&A
Super Savings account holders
What does this class action mean for me? Am I impacted?
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?’.
Is this going to impact my future returns or fees?
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.
Do I need to do anything?
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.
Was this something that was known during the merger process? Why would you merge if a class action was proceeding?
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.
Why have I not heard from ART about this? How will this be communicated to members?
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.