Frequently asked questions

Registration

All Group Members who decide to participate in the Settlement Distribution Scheme are encouraged to register, rather than doing nothing.

The default position is that if you do nothing, you will be bound by the Proposed Settlement (including the releases given in favour of the Defendants of the claims made against the Defendants in the proceedings), but you will have no entitlement to participate in the Settlement Distribution Scheme.

As paragraph 6 of the Notice of Proposed Settlement states, if the Proposed Settlement is approved by the Court, then upon receipt by William Roberts Lawyers of the full Resolution Sum from SPSL (Suncorp), each and every claim made by (or on behalf of) the Plaintiff or any Group Member in the Suncorp Super Class Action will be finally resolved. In other words, Group Members will not be permitted to pursue those claims or make further claims of that kind against SPSL (Suncorp), SPSL (Suncorp)’s related parties (including its present and former related bodies corporate, directors and officers), Mr Summerhayes or Mr Carroll

However, if BPAY® details for your current superannuation account are included in the SPSL (Suncorp) Group Member Data, you will be deemed to have registered and you will be entitled to participate in the Settlement Distribution Scheme. Please note that only some Group Members' BPAY® details are included in the SPSL (Suncorp) Group Member Data (see the next question below regarding how to check if your BPAY® details are in the SPSL (Suncorp) Group Member Data). The current estimate is that only 14.5% of Group Members have their BPAY® details included in the SPSL (Suncorp) Group Member Data.

BPAY® details have only been provided for the following current superannuation accounts: Suncorp Brighter Super, Suncorp Brighter Super for Business, and accounts in respect of a Super Bond product, to enable any proposed payment from the Settlement Administrator to be made to those accounts via those details.

You can check whether BPAY® details are included in the data provided by SPSL (Suncorp), by visiting https://SSFClassAction.enterclaim.com and following the prompts.

If you decide to participate in the Settlement Distribution Scheme, you can register by:

  • completing the form at https://SSFClassAction.enterclaim.com. We strongly encourage Group Members to register via the online form to avoid any delays in processing registration. Online registration must be submitted by 4.00 pm (AEST) on Wednesday, 31 August 2022.
  • alternatively, if you are unable to access the internet, you may complete and return the original Registration Form that is annexed to the Notice of Proposed Settlement to the Settlement Administrator. You will be required to pay applicable postage fees. If you are unable to find the Registration Form mailed to you, please contact the Settlement Administrator at SSFClassAction@enterclaim.com or by telephone on +61 3 8623 3450.

If you choose this alternative method, the Registration Form must be received by the Settlement Administrator by 4.00pm (AEST) on Wednesday, 31 August 2022.

You will be unable to register over the phone. You must register via the online registration system (preferred) or by posting the original physical registration form to the proposed Settlement Administrator.

Registrations close at 4.00pm (AEST) on Wednesday, 31 August 2022. If you are completing the physical Registration Form, the Registration Form must be received by the Settlement Administrator by 4.00 pm (AEST) on Wednesday, 31 August 2022.

Registrations received after the deadline will not be accepted.

You still need to register. Further, even if you have previously entered into a funding agreement with LCM and/or a retainer with William Roberts Lawyers, or registered your details with LCM and/or William Roberts Lawyers, there is no guarantee that you are in fact a Group Member. Whether or not you are a Group Member depends on whether your name is included in the SPSL (Suncorp) Group Member Data - please refer to question 11 above.

To register, you must provide the following information:

  • the Group Member’s:
    • SPSL (Suncorp) identification number during the relevant period (1 July 2013 to 21 June 2019), including:
      • Member Number (if applicable)
      • Account Number (if applicable)
      • Online Login Client ID (if applicable)
      • Any other relevant account numbers
      Note, you must provide at least one of the identification number(s) above. If you are unsure which identification number(s) to provide, you can verify your details at https://SSFClassAction.enterclaim.com;
    • full name;
    • date of birth;
    • postal address;
    • email address (if available);
    • mobile phone or telephone number; and
  • if you are not the Group Member completing the form, confirmation that:
    • you are not the Group Member completing the form;
    • you received payment or are entitled to receive payment of all or part of the benefits of a deceased member or you are a spouse that satisfies criteria 4 in question 10 of the FAQs; and
    • you are entitled to all settlement proceeds due to the Group Member (ie. no other parties are entitled to a part claim of the settlement proceeds);
  • your details (full name, date of birth, postal address, email address (if available) and mobile phone or telephone number) if you are not the Group Member;
  • If the Group Member has a current superannuation provider (excluding a Self-Managed Super Fund):
    • the name of the current superannuation provider;
    • the Unique Superannuation Identifier of the current superannuation provider (if available); and
    • the member account number, account name, and BPAY®® details (including the BPAY® Biller Code and Reference Number) , of the current superannuation account;
  • If the Group Member has a current Self-Managed Super Fund:
    • the name of the current Self-Managed Super Fund and ABN;
    • the Electronic Service Address of the current Self-Managed Super Fund; and
    • the fund address, phone number, and bank account details, of the current Self-Managed Super Fund;
  • If the Group Member does not have a current superannuation provider (including a Self-Managed Super Fund), bank details or cheque details.

You must provide all of the information required as part of the Online Registration or Registration Form truthfully and accurately in order to become a Registered Group Member. The Settlement Administrator is not responsible for taking steps to correct any incorrect personal or account details.

You may only provide bank account or cheque details if:

  • you are no longer required by law to have a current Australian superannuation account (because for example you have retired and your previous superannuation account has been closed); or
  • you have satisfied a condition of release for the purposes of superannuation law.

We note that transaction and postage fees associated with international payments or cheque payments will be offset against the amount you are entitled to receive, potentially reducing that amount to zero.

Given the high number of Group Members involved, KordaMentha is not responsible for checking the truthfulness and accuracy of information provided by Group Members and you must ensure that the information you provide is true and accurate. You will be required to confirm that the information you have provided is true and accurate at the time that you register.

Your SPSL (Suncorp) identification number(s) should be found on your annual superannuation statements.

Your SPSL (Suncorp) identification number can be any of the following types of numbers and we encourage you to provide as many as are available to you:

  • Member Number
  • Account Number
  • Online Login Client ID
  • Other account number

In order to register, you will require your assigned SPSL (Suncorp) identification number(s) during the period 1 July 2013 to 21 June 2019. Your SPSL (Suncorp) identification number(s) should be found on your annual superannuation statements.

Please note that SPSL (Suncorp) is not able to assist Group Members with registration and all inquiries in respect of registration should be addressed to the Settlement Administrator. Group Members may ask SPSL (Suncorp) for information in relation to their SPSL (Suncorp) account details, including their account number, member number or Online Login Client ID.

The “Other account number (if applicable)” field on the paper registration form is intended to capture other numbers on your annual superannuation statements, such as a “Policy Number” or “Contract Number”.

Each superannuation fund (not a SMSF) has a Unique Superannuation Identifier (USI).

You may find your superannuation fund’s USI by:

  • visiting your superannuation fund’s website
  • checking your superannuation statement
  • contacting your superannuation fund

If your BPAY® details are not included in the data provided by SPSL (Suncorp) and you are a current SPSL (Suncorp) member, we understand that your account is unable to accept contributions via BPAY®.

If you are no longer a SPSL (Suncorp) member and have a superannuation fund account (that is not an SMSF) that is capable of receiving payments via BPAY®, your BPAY® details may be found on your relevant superannuation fund member portal or statement. If you are unable to locate your BPAY® details, you should contact your relevant superannuation fund.

If you have multiple BPAY® options, contact your relevant superannuation fund to determine the most appropriate BPAY® details to complete your registration.

If you have or had multiple accounts with SPSL (Suncorp), the proposed Settlement Administrator will register all accounts that are able to be linked to the details provided by SPSL (Suncorp). This will be available for review for online applicants.

In the event you have further eligible accounts that were not linked, or are completing the physical form, you may be required to register for multiple accounts.

You need to satisfy the relevant criteria in question 10 of the FAQs above to be a Group Member (including, for example, criteria 3 of question 10).

If you are such a Group Member, you will need to register in order to participate. The process differs depending on whether you are the only person satisfying criteria 3 of question 10 in respect of the deceased Group Member or there are multiple persons satisfying criteria 3 of question 10 in respect of the same deceased Group Member (Multiple Purported Beneficiaries). Under the Proposed Settlement, if there are Multiple Purported Beneficiaries, the Settlement Administrator will decide how to address these types of registrations after it ascertains the total number of Registered Group Members.

In both cases, in order to complete the registration, you will need the relevant deceased’s Group Member’s SPSL (Suncorp) identification number (see question 22 above) and other relevant details for the purposes of verification.

Given the high number of Group Members involved, KordaMentha is not responsible for checking the truthfulness and accuracy of information provided by Group Members and you must ensure that the information you provide is true and accurate. You will be required to confirm that the information you have provided is true and accurate at the time that you register.

If you are a spouse that satisfies criteria 4 in question 10 of the FAQs then you are a Group Member.

If this applies to you, you will be required to register.

If you possess a lawfully executed document that authorises you to act on a Group Member’s behalf (such as a Power of Attorney or Enduring Guardianship) you are able to complete the registration on the Group Member’s behalf.

No. Only the Group Member, an eligible beneficiary or spouse (see question 10 of the FAQs), or a person who possesses a lawfully executed document that authorises them to act on a Group Member’s behalf is able to complete the registration.

If you are no longer required by law to have a current Australian superannuation account (because for example you have retired and your previous superannuation account has been closed), you will be able to provide bank account details or request payment by cheque (if by cheque costs apply which will be netted off any payment, and potentially reducing your claim to zero).

If you live overseas and you have satisfied a condition of release for the purposes of superannuation law, you will be able to request payment via international bank account details, or via cheque.

If you are overseas and therefore require mail to be posted internationally or payments to be made internationally, there is a high likelihood that potentially significant transaction and other fees (including international postage) associated with transferring any settlement amount to the international bank account will be incurred which will be offset against the amount you receive under the Settlement Distribution Scheme, potentially reducing that amount to zero. If you require payment to be made to you by cheque, fees and handling charges will be offset against the amount you receive under the Settlement Distribution Scheme, potentially reducing that amount zero.

Please complete the physical form that was sent to you or contact the proposed Settlement Administrator to receive a copy of the registration form. Postage charges apply to paper registrations. You can contact the Settlement Administrator by phone on +61 3 8623 3450 (but you may experience delays).