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Rest Super Faces Class Action Over Alleged Wrongful Deduction of Income Protection Premiums

Rest Super Faces Class Action Over Alleged Wrongful Deduction of Income Protection Premiums

Shine Lawyers has initiated class action proceedings in the Federal Court against Rest Superannuation, alleging that the fund wrongfully deducted income protection premiums from members' accounts between December 2008 and June 2019.
The lawsuit claims that up to 500,000 Rest members may have been affected by these deductions.

The core of the allegation is that Rest Super enrolled new members into income protection insurance by default, without their active consent. Additionally, the claim asserts that when members did not make any contributions to their Rest account for 13 continuous months or more, the default income protection insurance policy did not provide the member with any coverage. Furthermore, when members held multiple income protection insurance policies simultaneously, the Rest income protection policy provided little to no coverage.

Hadi Boustani, Practice Leader at Shine Lawyers, stated, "This class action alleges that between December 2008 and June 2019, Rest Superannuation signed up new members to income protection insurance by default, without the member actively choosing to sign up to the policy."

For superannuation members, this case highlights the importance of regularly reviewing account statements and understanding the insurance components within their super funds. Unauthorised deductions can significantly impact retirement savings over time.

From an industry perspective, the lawsuit underscores the need for transparency and informed consent in the administration of default insurance policies within superannuation funds. Ensuring that members are fully aware of and agree to any insurance coverage and associated premiums is crucial to maintaining trust and compliance within the sector.

As the case progresses, it may set a precedent for how superannuation funds manage default insurance policies and the necessity of obtaining explicit member consent. Members concerned about their accounts should consult with financial advisers or legal professionals to understand their rights and potential courses of action.

In summary, the class action against Rest Super serves as a critical reminder for both superannuation funds and their members to prioritise transparency and informed decision-making regarding insurance coverage and associated costs.

Published:Wednesday, 4th Feb 2026
Source: Paige Estritori

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Knowledgebase
Incontestability Clause:
A provision in a life insurance policy that prevents the insurer from voiding coverage due to a misstatement by the insured after a certain period.