Case Update – Proposed Settlement Approved (May 2025):
The parties to the MLC MySuper Class Action have agreed to settle the proceeding for $64.25 million including legal costs. The Defendants have made no admission of liability in agreeing to the settlement.
On 16 April 2025, a hearing was held at the Supreme Court of Victoria where the Court considered submissions and evidence from the parties in relation to the fairness and reasonableness of the proposed settlement.
On 12 May 2025, the Court handed down judgment approving the settlement and made orders that the settlement to be distributed according to the terms set out in the Settlement Distribution Scheme.
The settlement will be distributed by the Trustee for the MLC Super Fund, NULIS Nominees (Australia) Limited (NULIS). Settlement payments will begin to be distributed to Group Members in the second half of 2025 and continue into 2026.
Further information regarding the settlement, including how settlement payments for eligible Group Members are to be calculated, is set out in the Settlement Distribution Scheme. The Settlement Distribution Scheme is available on this website in the Key Documents section below.
Please also refer to the Frequently Asked Questions section below.
About this class action
The MLC MySuper Class Action relates to accrued default amounts (ADAs) held by superannuation members in MLC MasterKey Business Super (incorporating MasterKey Personal Super) which are products within the MLC Super Fund (and previously TUSS). ADAs are amounts contributed to the fund prior to 1 January 2014 for which the relevant member did not provide an investment direction – as a result, these amounts were invested in the default investment option selected by the member’s employer.
Under the Stronger Super Reforms introduced by the Government:
(a) from 1 January 2014, all super contributions for which the relevant member did not provide an investment direction were required to be paid into a simple low cost 'MySuper' option; and
(b) all such contributions made before 1 January 2014 (ie ADAs) were required to be transferred to a simple low cost 'MySuper' option by no later than 30 June 2017.
The superannuation regulator, the Australian Prudential Regulation Authority issued guidance in relation to the Stronger Super Reforms stating that it expected that the transfer of ADAs to MySuper “would occur at the earliest opportunity possible where it is in the best interests of beneficiaries to do so.”
The claim alleged that, although Group Members' ADAs were transferred to a MySuper option before 30 June 2017, the Defendants contravened their statutory and general law duties to their members by failing to make the transfers to MySuper as soon as reasonably practicable. The Plaintiffs bring the claim as a group proceeding (class action) under Part 4A of the Supreme Court Act 1986 (Vic) and allege that the Defendants contravened the Superannuation Industry (Supervision) Act 1993 (Cth) and failed to discharge certain duties under the general law.
On behalf of Group Members, the Plaintiffs sought compensation for any losses that have been incurred as a result of alleged delay in transferring the ADAs to MySuper. The class action seeks relief for Group Members in the form of payment into Group Members’ superannuation accounts or cash payments (where such payments are permitted under superannuation law).
The Defendants deny that the ADAs were not transferred as soon as reasonably practicable and deny all alleged breaches of their statutory and general law obligations.
The Defendants have made no admission of liability in agreeing to the settlement.
Frequently Asked Questions
You are a group member in the MLC MySuper class action if:
- your superannuation was invested in the MLC MasterKey Business Super or the MLC MasterKey Personal Super product (MasterKey) and you held an accrued default amount in MasterKey that was transferred by NULIS to a MySuper product in the MLC Super Fund on or about 3 December 2016 or 25 March 2017; or
- you received payment from a deceased MasterKey member of all or part of their interest that was transferred by NULIS to a MySuper product in the MLC Super Fund on or about 3 December 2016 or 25 March 2017; or
- you were the spouse of a MasterKey member and under the Family Law Act or a superannuation agreement you received a transfer of the member’s interest that was transferred by NULIS to a MySuper product in the MLC Super Fund on or about 3 December 2016 or 25 March 2017.
If you are a Group Member and you have not opted out of the proceeding, there is nothing you need to do to participate in the settlement.
It is not necessary for Group Members to register to receive a settlement payment under the settlement.
Further information regarding how eligible Group Members will be contacted in relation to settlement payments is set out below.
We are unable to provide an estimate as to how much compensation group members will each receive.
Further information regarding the calculation of settlement payments is set out in the Settlement Distribution Scheme which is available in the Key Documents section below.
Settlement payments will be made in tranches commencing in late 2025, and throughout 2026.
Group Members who continue to be members of the MLC Super Fund will be notified of any settlement payment in their periodic MLC superannuation statement once the payments have been made.
Group Members who are no longer members of the MLC Super Fund will receive an email or letter from the Trustee for the MLC Super Fund once settlement payments have been made.
Group Members who wish to update their contact details in order to ensure that they receive communications regarding settlement payments should contact the Trustee of the MLC Super Fund on 132 652 (or +61 3 9966 5802 outside Australia).
Please note that Maurice Blackburn is unable to update your contact details.
There are no “out of pocket” costs for Group Members to participate in the settlement.
The costs of running the class action to date have been undertaken by Maurice Blackburn. As part of the settlement, the Supreme Court of Victoria has considered and approved the deduction of Maurice Blackburn’s costs from the Settlement Sum prior to the distribution of compensation to Group Members.
The cost of distributing the settlement payments will be borne by the Trustee for the MLC Super Fund.
No funding commission will be payable to a third party litigation funder as there is no third party litigation funder involved in the MLC MySuper class action.
These two names refer to the same proceeding. The case was previously referred to as the 'NAB MySuper Class Action' because when this case was commenced in January 2020, the Defendant trustees were part of the NAB Group. On 1 June 2021, the Defendant trustees were sold to Insignia Limited (formerly known as IOOF Limited). Following this sale, the class action is now referred to as the 'MLC MySuper Class Action'.
An accrued default amount is the balance of a member’s account where an investment choice has not been exercised by the member, or if it is held in a default investment option of the fund.
A member may have had an accrued default amount if they did not tell or direct their super fund how they want their super invested.
Both are companies that were formerly within the NAB Group.
MLC Nominees Pty Limited was a registrable superannuation entity licensee and trustee of The Universal Super Scheme (TUSS) until 1 July 2016. Originally, MLC MasterKey Business Super and MLC MasterKey Personal Super were products within TUSS.
NULIS Nominees (Australia) Limited has been a registrable superannuation entity licensee since 1 March 2006 and the trustee of the MLC Super Fund since 9 May 2016.
On 1 July 2016, MLC Nominees Pty Limited transferred the assets of members of TUSS (including MasterKey members who held accrued default amounts) to the MLC Super Fund by way of a Successor Fund Transfer. Following this transfer, the members of TUSS became members of the MLC Super Fund instead of TUSS, with the trustee of the MLC Super Fund being NULIS Nominees (Australia) Limited.
Key documents
Australian leaders in class actions.
Our reputation for excellence in class actions is unparalleled, having recovered more than $4.3 billion for clients.
We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.
Lower cost to clients
Biggest recoveries
Most experienced
Australian leaders in class actions.
Our reputation for excellence in class actions is unparalleled, having recovered more than $5 billion for clients.
We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.
Lower cost to clients
Biggest recoveries
Most experienced
Easy ways to get in touch
We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on.
Office locations
We’re here to help. Get in touch with your local office.
Select your state below
- VIC
- QLD
- NSW
- WA
- ACT
- SA
- TAS
- NT
We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.
Important documents
> Settlement Distribution Scheme
> Settlement Notice