Financial planning clients set for class action against BOQ
In January 2013, the Australian Securities and Investment Commission commenced an investigation into the collapse of the Sherwin Group of companies which left financial planning clients owed more than A$30 million. In the course of this work, ASIC uncovered information that led the corporate regulator to mount a separate investigation of money market deposit accounts held with the Bank of Queensland by clients of Sherwin Financial Planners and DIY Superannuation Services, a related company. The money market accounts were managed by BOQ's agent, DDH Graham Pty Ltd. ASIC became concerned that BOQ or DDH Graham may have processed transactions for the Sherwin Group when they should not have, and wrote to affected clients urging them to come forward quickly, due to statutory time limits.By late 2015, word had emerged that some former Sherwin Group clients were considering class action proceedings against BOQ and DDH Graham over the administration and operation of the money market accounts by BOQ and DDH Graham. In 2016, an open class action was commenced in the Federal Court of Australia - that is, all clients of Sherwin Financial Planners who had money market accounts at BOQ. It is being run by Damian Scattini, a partner in the Sydney office of litigation lawyers Quinn Emanuel Urquhart and Sullivan. Scattini was previously involved in developing a redress scheme on behalf of for thousands of former of Storm Financial clients who had been moved into inappropriate bank loans.He said the action will involve up to 400 former Sherwin clients, other than those who choose to opt out.A trial start date is set for 12 March 2018, with the case being backed by dispute resolution funder Vannin Capital.