Hargreaves v BT Funds Management Limited

The Federal Court has stayed a superannuation proceeding brought by a 74 year old applicant against BT Funds Management Limited, trustee of the BT Panorama Superannuation Fund, after finding real doubt about whether the applicant had authorised the claim. The originating application, filed in June 2026, sought declarations and orders requiring BT Funds to restore access to pension funds the applicant said had been wrongly withheld following payments made in October 2025.

Justice O'Bryan raised concerns about the circumstances in which the proceeding came to be filed and about the conduct of the solicitor who prepared and filed the applicant's originating application, interlocutory application and supporting affidavit. The Court referred material to the Legal Professional Board of Tasmania and the Queensland Legal Services Commission to consider whether the solicitor had complied with his professional and ethical obligations, including obligations to act on client instructions, maintain independence and discharge his duty to the Court. The Court made no findings about the solicitor's conduct and the proceeding remains stayed pending further developments.

The case does not change any rule of superannuation law but is a pointed reminder of the obligations a practitioner owes when taking instructions for a vulnerable or elderly client, particularly where a third party appears to be driving the litigation. It is relevant to superannuation trustees responding to claims of this kind, and to legal practices more generally when assessing whether instructions genuinely reflect a client's wishes.