What is the Colonial First State Super Insurance Class Action about?
On 22 January 2020, Shine Lawyers commenced a class action against Colonial First State Investments Limited (CFSIL) and Colonial Mutual Life Assurance Society Limited (CommInsure) to obtain compensation for persons who were overcharged for their life insurance policies (for death, total and permanent disability, and income protection cover) which they held inside their CFSIL superannuation fund.
On 22 October 2021, AIA Australia Limited (AIAA) were joined as an additional Respondent to the proceedings. This occurred because AIAA acquired ownership of CommInsure’s life insurance business on 1 April 2021.
The class action alleges that:
CFSIL, the trustee of the superannuation funds, owed a duty to act in the best interests of its members and to not improperly use its position to gain an advantage for itself and/or for CommInsure.
CFSIL breached its duties by obtaining group insurance (namely, CommInsure’s group insurance) with excessive premiums, when there were other available insurance products that were substantially equivalent or better and had lower/cheaper premiums.
CommInsure knew or ought to have known of the existence of the trustee duties CFSIL owed to its members and that it knowingly took receipt of profits of the excess premiums.
Can I join the Colonial First State Super Insurance Class Action?
You may be entitled to compensation as a member of the Colonial First State Super Insurance Class Action if:
You have been a member of at least one of the following superannuation funds:
FirstChoice Personal Super and Pension;
FirstChoice Wholesale Personal Super and Pension;
FirstChoice Employer Super; or
Commonwealth Essential Super.
AND
You must have held life, TPD and/or income protection insurance issued by CommInsure through your superannuation in the period between January 2014 and January 2020.
If you answered yes to the above, you may be entitled to compensation, and you are encouraged to register for the Colonial First State Super Insurance Class Action.
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 Colonial First State Super Insurance Class Action team
Shine Lawyers’ Colonial First State 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.
