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Rest Super Members Prepare for Class Action Over Alleged Breach of Trustee Duties

Shine Lawyers has filed a class action on behalf of members of the Rest Superannuation fund who may have had income protection insurance premiums wrongfully deducted from their superannuation accounts.   

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

“We also claim that when members did not make any contribution to their Rest account for 13 continuous months or more, the default income protection insurance policy did not provide the member with any coverage and when members held multiple income protection insurance policies at the same time, the Rest income protection policy provided little to no coverage.”   

“This was money down the drain for fund members who paid a premium for no benefit. As a result, we’re seeking compensation for insurance premiums which we allege were unfairly deducted, as well as investment returns and administration costs,”   

“Up to 500,000 Rest members may be affected,” said Boustani.  

Shine Lawyers client, Jarrod Lane, has registered for the class action to demand accountability from his super fund.  

He was not earning an income for over 3 years between 2018-2021 and believes he was charged for income protection insurance that he could never claim on.   

“I felt it was important to join this class action because what Rest has done is wrong and they should compensate those who were affected.” 

The action is being funded by Woodsford, a leading global ESG, access to justice and litigation finance business.  

Clare Owen, Director and Head of Origination, Woodsford Australia, commented: “Everyday Australians trust their superannuation funds to look after their hard-earned dollars which they have invested for their retirement. Having sufficient superannuation to fund retirement is so important. Woodsford is pleased to be supporting this action to assist those everyday Australians in recouping losses to their superannuation which has been unfairly eroded.”   

To be a part of this class action, you must have:   

  • Been a Rest Super fund member for any time between 5 December 2008 and 30 June 2019; and   
  • By default, signed up to a Rest Superannuation account which included an income protection insurance policy; and   
  • Had income protection insurance premiums deducted from your Rest Super account; and  
  • Either:  
    • Made no contribution to your Rest Superannuation account for 13 continuous months or more but continued to receive deductions from your account to cover income protection insurance premiums to Rest during that period; and/or  
    • Paid for multiple default income protection policies alongside your Rest income protection insurance policy.   

Anyone who meets the above criteria and was a Rest super fund member between 5 December 2008 and 30 June 2019 may be entitled to compensation.     

To find out more, register here.   

The class action was listed for a case management hearing on Friday 16 February, 2024 in the Federal Court. Justice Button made orders including for Rest to file its defence by the 28 March 2024. 

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Backlit Capital Solutions Launches Legal Finance Consultancy

By John Freund |

Backlit Capital Solutions has announced the launch of its full-service legal finance consultancy. The firm aims to provide comprehensive funding solutions for legal claims, offering services that include litigation finance, arbitration funding, and judgment enforcement strategies.

An article in PR Newswire states that Backlit Capital Solutions is positioning itself as a comprehensive provider in the legal finance sector, aiming to serve a diverse clientele that includes claimants, law firms, lenders, and investors. The firm's service offerings encompass litigation finance, arbitration funding, and judgment enforcement strategies, indicating a broad approach to legal funding solutions.

The launch of Backlit Capital Solutions reflects a growing trend in the legal finance industry, where firms are expanding their services to address the multifaceted needs of legal claimants and their representatives. By offering a suite of services under one roof, Backlit Capital Solutions aims to streamline the funding process and provide tailored solutions to its clients.

As the legal finance landscape continues to evolve, the entry of firms like Backlit Capital Solutions underscores the increasing demand for specialized financial services in the legal sector. Their comprehensive approach may set a new standard for how legal finance consultancies operate, potentially influencing the strategies of existing and emerging players in the market.

Fenchurch Legal Launches Secured Litigation Funding Strategy for Fixed-Income Investors

By Harry Moran |

Fenchurch Legal, a UK-based litigation funding specialist, today announced the launch of a structured secured lending strategy aimed at fixed-income investors seeking stable returns outside of traditional markets. With economic uncertainty challenging conventional income instruments, the firm’s high-volume consumer litigation model offers a predictable, uncorrelated alternative designed to deliver quarterly interest payments through a diversified portfolio of secured law firm loans.

As economic volatility continues to test traditional markets, a growing number of investors are turning to alternative asset classes that promise stable risk-reward profiles. Litigation funding, once considered niche, is now emerging as a mainstream alternative investment, providing secure income generation.

Fenchurch Legal, a UK-based specialist in litigation funding, is among the firms redefining  the landscape of alternative credit strategies by offering a secured, income-generating investment that is predictable and uncorrelated with traditional markets.

A Secured Lending Approach to Litigation Funding

Fenchurch Legal has structured its litigation funding offering through a secured lending model, offering investors a fixed-income product with a unique security structure designed to protect investor capital. Unlike large litigation funders who focus on a few high-value commercial cases, Fenchurch Legal funds a high volume of smaller consumer claims - including those related to financial mis-selling and mis-sold car finance. This high- volume strategy allows for broad diversification across numerous law firms and case types, helping to mitigate concentration risk and deliver consistent returns.

The predictability of this model enables investors to receive fixed, quarterly interest payments, making it an attractive option for those seeking regular income through a disciplined, secured alternative to traditional fixed-income investments.

Delivering Predictability in an Uncertain Environment

One of the most attractive features of litigation funding is its low correlation with traditional markets and macroeconomic cycles, making it particularly appealing in volatile or downturn conditions. Unlike speculative alternative assets, high-volume litigation funding offers a structured and secured approach, ideal for investors prioritizing capital preservation and low volatility. Its predictability and resilience are what set it apart, with performance driven by legal outcomes rather than market sentiment or economic indicators.

From Case Selection to Investor Returns: The Fenchurch Model in Action

Real world case examples, such as PPI or mis-sold car finance, demonstrate how funding supports access to justice while delivering predictable outcomes for investors. These well-established, protocol-driven cases highlight the tangible benefits of Fenchurch Legal’s approach.

Investor capital is pooled and deployed via secured loans to law firms, enabling them to pursue a high volume of these smaller consumer claims. These cases follow established legal protocols and have historically demonstrated repeatable outcomes. The loans are repaid by the law firms over time, with interest, regardless of individual case outcomes, all backed by After-the-Event (ATE) insurance for added downside protection. 

This risk-managed structure has allowed Fenchurch Legal to consistently deliver investors with predictable, quarterly interest payments, ideal for income focused investors. By funding thousands of low-value claims across multiple law firms, the model achieves broad diversification and reduces exposure to any single case or firm. This risk-managed approach has historically delivered competitive returns, typically ranging from 11–13% per annum — making it well-suited to income-focused portfolios.

Louisa Klouda, CEO and Founder of Fenchurch Legal, stated, "At Fenchurch Legal, we’ve designed a litigation funding model that mirrors the features fixed income investors value most — regular income, downside security, and a diversified, risk-managed portfolio."

"In today’s economy, stability is the new growth. Litigation funding provides exactly that — it’s an asset class with low volatility, high transparency, and a compelling risk-adjusted return," she added.

About Fenchurch Legal

Fenchurch Legal is a UK-based specialist litigation financier, providing disbursement funding to small and mid-sized law firms pursuing consumer claims where outcomes are well-established and repeatable, including housing disrepair, financial mis-selling, and undisclosed commission cases. Founded in early 2020, Fenchurch Legal was established in response to growing demand for litigation funding in the smaller consumer claims segment—an underserved area of the UK litigation finance market. In parallel, Fenchurch Legal structures litigation finance investment products designed for investors, providing exposure to a non-correlated, secured investment class.

James “Jim” Batson Joins Siltstone Capital as Managing Partner and Chief Investment Officer for Legal Finance

By Harry Moran |

Siltstone Capital, a leading multi-strategy alternative investment firm, is pleased to announce that Jim has joined the firm as a Managing Partner and Chief Investment Officer of its legal finance strategy. Jim brings extensive experience in legal finance and strategic investment management, enhancing Siltstone Capital's capabilities in deploying sophisticated, high-value legal investment opportunities globally.

Jim previously served as the Chief Operating Officer at Westfleet Advisors and was Co-Chief Investment Officer - US at the global dispute finance company, Omni Bridgeway. In that role, he played a key role in developing the firm's U.S. presence, co-leading its investment strategy, and building out a top-tier legal finance team. At Siltstone, Jim will utilize this extensive experience to guide investment strategy, identify high-quality opportunities, and foster team growth to achieve strong returns for investors.

Robert Le, Co-Founder and Managing Partner of Siltstone Capital, stated: "We are delighted to welcome Jim to our leadership team. His deep expertise in legal finance investment strategy, combined with his proven ability to build exceptional teams, positions Siltstone strongly as we launch our next fund. Jim's arrival marks an exciting phase for our firm, enhancing our capacity to execute sophisticated investment strategies and deliver outstanding results for our investors."

Jim commented, "I'm excited to join the Siltstone team and collaborate closely with Robert and the outstanding professionals at Siltstone Capital. Our combined expertise positions us exceptionally well to pursue compelling investment opportunities in the global legal finance market. I look forward to leading our investment strategy and contributing to the growth and success of an excellent team at Siltstone."

For more information about Siltstone Capital and its investment strategies, visit https://siltstonecapital.com.