Shine Lawyers Main Logo

Colonial First State Super Insurance Class Action

Is your superannuation with Colonial First State Investments Limited? You may have been overcharged and be entitled to financial compensation. Find out how to join our Colonial First State Super Insurance Class Action.

Important

If you are a current member of a Colonial First State superannuation fund, you do not need to register to participate in the settlement of this class action.

If you meet the eligibility criteria set out below, but are no longer a member of a Colonial First State superannuation fund and your contact details have changed, you can provide us with updated contact information here.

Other than the contact information above, you do not need to provide any information or documents.

Settlement

The Applicant and Respondents have agreed a proposed settlement of the Class Action for $140 million. The Federal Court must approve that settlement before it takes place.

There is nothing you need to do in order to receive compensation as part of the settlement if it is approved by the Court.

You do not need to register to be an eligible group member. We will provide a further update regarding next steps following the hearing on 23 March 2026.

Any group members who do not opt out may object to the settlement if they wish.

In order to object, group members must, by 4:00 pm on 13 March 2026, file a copy of the notice of objection (included as an annexure to both settlement notice A and B) by sending it:

  • by mail to the Federal Court at The Registrar, Federal Court of Australia, Victoria District Registry, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne VIC 300; and

  • by email to Shine Lawyers at colonialclassaction@shine.com.au.

Group members must file any evidence and written submissions on which they rely in support of the notice of objection at the same time as the notice of objection, by sending that evidence and those submissions to the above addresses.

Opt Out

The Federal Court deadline for most group members to ‘opt out’ of the Colonial First State Super Insurance Class Action was 4:00pm AEST on 3 October 2025.

Some group members have received a combined settlement and opt out notice (Notice B) these group members have until before 4:00 pm on 13 March 2026 to opt out.

Some group members have received only a settlement notice (Notice A). If you have received Notice A, the time for you to opt out was 4:00 pm AEST on 3 October 2025.

You can tell if you have received Notice B because it will include a document titled ‘Opt Out Notice’ as an annexure. If the document you received does not include an opt out notice as an annexure, you are not able to opt out without further order of the Court. To opt out, group members who have received Notice B must complete the annexed opt out notice and send it via email to vicreg@fedcourt.gov.au, or by post to the address specified in the form, before 4:00pm AEDT on 13 March 2026. If you would prefer to provide your completed opt out notice to Shine, we will file it with the Court for you. Please email Shine Lawyers at colonialclassaction@shine.com.au and ensure it is received before 4:00pm AEDT on 13 March 2026. Providing your opt out notice to Shine is not the preferred way to opt out. We recommend you provide your notice directly to the Court as outlined above.

Group members who opt out of the Colonial First State Super Insurance Class Action will:

  • not receive any compensation from the Colonial First State Super Insurance Class Action; and

  • not be bound by any judgment or settlement.

Objections to Settlement

Any group members who do not opt out may object to the settlement if they wish.

In order to object, group members must, by 4:00 pm on 13 March 2026, file a copy of the notice of objection (included as an annexure to both settlement notice A and B) by sending it:

  • by mail to the Federal Court at The Registrar, Federal Court of Australia, Victoria District Registry, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne VIC 3000; and

  • by email to Shine Lawyers, by email to colonialclassaction@shine.com.au

Group members must file any evidence and written submissions on which they rely in support of the notice of objection at the same time as the notice of objection, by sending that evidence and those submissions to the above addresses.

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 may have been 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) was 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 were 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 held life, TPD and/or income protection insurance issued by CommInsure through your superannuation in the period between 22 January 2014 and 15 February 2022.

If you answered yes to the above, you may be entitled to compensation.

Case Documents

Notice B – Notice of Proposed Settlement and Opt Out Notice

Historic Opt Out Notice - for opt out deadline 3 October 2025

Second Further Amended Originating Application

Second Further Amended Statement of Claim Sealed

Second Further Amended Defence of Colonial First State Investments Limited

Third Further Amended Defence of Colonial Mutual Life Assurance Society Limited

Further Amended Defence of AIAA Australia Limited

Frequently Asked Questions

Do I need to register to participate in the class action?

No. Registration is not required.

Do I need to provide documents or information to participate in the class action?

You do not need to supply any documents or information to participate in the class action.

If you are no longer a member of a Colonial First State superannuation fund, and your details have changed since you were a member, you may provide your new details here.

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:

  1. there must be 7 or more people that have claims against the same defendant; and

  2. the claims relate to the same or similar circumstances; and

  3. 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?

$1B

In successful settlements and judgments

We have secured more than $1 billion in class action settlements and judgments for our group members. 

See our past class actions
200

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.

70+

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.

Back to top