Read The Times Australia

Daily Bulletin

Multiple warnings and huge fines are not stopping super funds, insurers and banks overcharging customers

  • Written by: Jeannie Marie Paterson, Professor of Law, The University of Melbourne

Last week the Federal Court fined Australia’s biggest superannuation company, AustralianSuper, A$27 million for overcharging customers.

The company had breached its legal obligations under the Superannuation Industry (Supervision) Act 1993 by failing to identify and merge the duplicate accounts of customers.

Given the individual errant fees were about $1.50 per duplicate account, the penalty might sound disproportionate to the wrongdoing.

But over the nine years the duplicate account and other fees were being charged, they collectively cost customers about $69 million.

As revealed in court, the double charging continued even though AustralianSuper’s employees and officers were aware that duplicate accounts were widespread.

Not a precedent

This court case was not the first. It follows a damning series of cases brought by the Australian Securities and Investments Commission (ASIC) against banks, insurers and super funds for overcharging.

In 2022, ASIC reported six of Australia’s largest financial services institutions had paid almost $4.4 billion in compensation to customers for overcharging or providing no service.

Financial penalties were also imposed. Westpac and associated entities were fined $40 million for charging $10.9 million to more than 11,800 dead customers.

ANZ was also hit with a $25 million penalty for failing to provide promised fee benefits to about 689,000 customer accounts over more than 20 years.

These cases were highlighted in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, which ran from December 2017 to February 2019. But even after that, new instances emerged.

Reports lying on a desk
Warnings from the banking royal commission have not been enough to stop some improper or illegal practices. Mick Tsikas/AAP

In 2023, a review by ASIC resulted in general insurers repaying more than $815 million to more than 5.6 million customers for pricing failures since 1 January 2018“.

After this, ASIC imposed penalties on insurers IAG-subsidiaries and QBE. It was alleged they misled customers by promising them loyalty discounts to renew their home insurance policies. But the customers actually had their premiums raised by an amount similar in size to the discounts.

In 2024, ASIC announced the findings of an inquiry into excessively high fees for superannuation fund advice. The fees were not proportionate to the advice needs of members or the cost of advice.

More than 300 members across seven of the funds had advice fees of more than $15,000 deducted from their accounts.

Despite repeated calls by ASIC and the Australian Prudential Regulation Authority for the industry to improve its operations, a 2024 ASIC review found major banks left at least two million low-income customers in high-fee accounts. Those affected were refunded more than $28 million.

Why has this litany of pricing misconduct cases occurred?

Put in the best light, the failures represent a combination of poor legacy payment systems and increasingly complex modern payment structures and products.

Recognising these constraints, the Federal Court has stated that the obligation under the Corporations Act to ensure financial services are provided "efficiently, honestly and fairly” does not demand “absolute perfection”.

In other words, some mistakes are inevitable. But this does not relieve banks, insurers and superannuation funds from responsibility for payment errors.

Composite image of four bank signs
Financial institutions are required by law to act efficiently, honestly and fairly. Joel Carrett/AAP

The buck stops with the institutions

Charging more money than permitted or failing to pass on discounts will usually be a breach of the financial institution’s contract with its customers, and may also amount to misleading conduct.

It’s unlawful. Even if the individual amounts in question are small compared with the turnover of the financial institution, they are significant to the customers affected.

This means, as courts have consistently recognised, that financial institutions have a responsibility to put in place “systems and processes” to identify and correct payment errors. And they need to remediate affected customers promptly.

The ongoing misconduct suggests banks, insurers and superannuation trustees have ignored this.

Notably, in 2023, a court found NAB waited more than two years to correct overcharging, despite being aware of it.

And in 2025, the court was critical of AustralianSuper for taking years to address the problem of duplicate customer accounts even after it was identified.

The judge in the AustralianSuper case said:

nobody was responsible for ensuring compliance with legislative requirements and [this] resulted in no resources being dedicated to that task.

When no one takes responsibility

After the Royal Commission, ASIC was criticised for not being sufficiently rigorous in enforcing the law. It now appears ASIC is working through the fee practices of banks, insurers and super funds armed with considerable penalties.

ASIC’s clear aim is to ensure payment misconduct doesn’t pay, and enforcement by the regulator cannot be dismissed as a mere cost of doing business.

But is this enough? Customers may wait years for payment errors to be identified and redressed through enforcement by ASIC.

We need to rethink how these institutions understand their obligations to customers. Notably, the United Kingdom has introduced a “consumer duty”, which requires banks to promote customers’ interests and demonstrate how they are doing this.

Australia doesn’t have this obligation. But it may be worth learning from the UK. Banks, insurers and superannuation funds here should be obligated to show they are using processes that produce good ongoing outcomes for their customers.

Authors: Jeannie Marie Paterson, Professor of Law, The University of Melbourne

Read more https://theconversation.com/multiple-warnings-and-huge-fines-are-not-stopping-super-funds-insurers-and-banks-overcharging-customers-250658

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...

How Non-Competitive Sports Programs Benefit Early Childhood Development

Australia is known globally as a sporting nation, yet recent statistics paint a surprisingly differe...

The Hidden Health Impacts of Digital Screens on Developing Eyes

Modern Australian childhood is undeniably intertwined with technology. From educational tablets in p...

GRC Consulting and Cyber Security Consulting for Businesses

Businesses face risks such as ransomware attacks, data breaches, violations of regulatory standards ...

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...

From Coastal Calm to Classic Comfort: The Right Carpet for Every Style of Home

Carpet is often chosen near the end of a room makeover, after the walls, furniture, and lighting h...