On 21 December 2020, the Federal Court ordered the consolidation of the AMP Insurance class action brought by Shine Lawyers with a related proceeding conducted by Piper Alderman. This means that the applicants and group members in the class action are now jointly represented by Shine Lawyers and Piper Alderman.
On 21 December 2022, AMP filed a ‘strike-out application’, seeking to remove some sections of the amended consolidated pleadings. That strike-out application was scheduled to be heard on 4 September 2023.
Before the strike-out application was heard, joint solicitors for the applicants provided AMP with further amended pleadings addressing the issues that were the subject of the strike-out application.
Accordingly, on 4 September 2023, the Court set a timetable for the applicants to seek the Court’s permission to rely on those further amended pleadings. AMP has confirmed that it does not consent to the filing of those further amended pleadings.
Joint solicitors for the applicants are now seeking the Court’s permission to rely upon the further amended pleadings. The Court will hear that amendment application on 4 December 2023.
What is the AMP Insurance Class Action about?
Shine Lawyers has brought a class action on behalf of people who obtained an AMP Flexible Lifetime insurance policy through financial advisors appointed by AMP Financial Planning, Hillross Financial Services (Hillross), and Charter Financial Planning (Charter).
It is alleged that the AMP appointed financial advisers did not act in their clients’ best interests by failing to inform them they could obtain similar or better insurance policies from other insurers at a lower cost.
It is further alleged that the financial advisers were incentivised through commissions and other benefits, to recommend AMP Life policies to their clients, resulting in their clients paying higher premiums.
The class action seeks compensation for those clients, for the excess premiums they paid as a result the financial advice they received.
This class action follows a landmark Federal Court judgment against AMP where the court ruled that AMP failed to prevent breaches of the best interests duty for “insurance churn” engaged in by AMP-appointed financial planners. The Court described this as “morally reprehensible” and a breach of AMP’s obligations to its clients. As a result of those failures, AMP was ordered to pay $5,175,000 in penalties.
Can I join the AMP Insurance Class Action?
You may be eligible for compensation as a member of the AMP Insurance Class Action if:
Between 23 July 2014 and 15 February 2021 you obtained an AMP Flexible Lifetime insurance policy (including a death, TPD, trauma, income protection or business protection policy) through the following licensees or their authorised representatives*:
AMP Financial Planning
Charter Financial Planning
Hillross Financial Services
*Please note that financial advisers providing AMP Flexible Lifetime insurance policies may have operated under different names to the above.
Your policy is described as:
Flexible* Lifetime – Protection*
Flexible* Lifetime – Super*
AMP Flexible* Super – Flexible Protection*; and
AMP Flexible* Super – Super Protection*
*If you obtained an AMP insurance policy that includes the word Flexible, or held such a policy in the period from 23 July 2014 to 15 February 2021, please register or contact us and we can confirm if your policy is eligible.
If you meet the above conditions, you may be eligible to claim compensation, and we encourage you to register for the AMP Insurance Class Action. If you are not certain whether you are eligible, please contact us so that we can assist you.
Frequently Asked Questions
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
There must be 7 or more people that have claims against the same defendant; and
The claims relate to the same or similar circumstances; and
The claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.
Will my contact details be kept private?
Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).
Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.
Meet the AMP Insurance Class Action team
Shine Lawyers’ AMP Insurance Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
Why Choose Shine Lawyers?
In successful settlements and judgments
We have secured more than $1 billion in class action settlements and judgments for our group members.
years of collective experience
Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.
dedicated class actions team members
We are proudly one of the largest class actions teams in the country. Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.