Cyber Insurance Online :: News
SHARE

Share this news item!

Federal Court Dismisses Class Actions for COVID Business Interruption Claims

Federal Court Dismisses Class Actions for COVID Business Interruption Claims

Federal Court Dismisses Class Actions for COVID Business Interruption Claims?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The Federal Court has determined that business interruption claims related to COVID-19, involving four insurers, should not proceed as class actions.
This ruling obliges individual policyholders to pursue their cases separately if they wish to proceed.

Justice Michael Lee announced on Friday that proceedings are adjourned pending the issuance of "declassing orders," following arguments from insurers against group actions. Policyholders who had hoped to be part of the class actions will receive notices explaining their rights and options for individual claims.

The legal firms involved, including Gordon Legal and Slater & Gordon, had initiated cases against multiple insurers. Specifically, Gordon Legal filed on behalf of Cody Gemtec Retail t/as the National Opal Collection against Syndicate 2003 at Lloyd’s, and Strand Fitness and others against QBE. Slater & Gordon filed cases for CMC Hospitality against Insurance Australia, and Vicki Field Swim School against Hollard.

An IAG spokesperson welcomed the decision, urging customers with potential COVID-19-related business interruption claims to file those claims individually to facilitate efficient assessment through their standard process. The company also highlighted that a further case management hearing is anticipated and the appeal period remains active, promising updates "at the appropriate time."

James Naughton, a partner at Gordon Legal, told insuranceNEWS.com.au that individuals are encouraged to contact the firm to discuss their options for submitting individual claims against their insurers.

The court had previously ordered that policyholders be notified to register their interest in the proposed class actions, which garnered thousands of responses by a set deadline earlier this year.

  1. Cody Gemtec Retail t/as the National Opal Collection vs. Syndicate 2003 at Lloyd's
  2. Strand Fitness vs. QBE
  3. CMC Hospitality vs. Insurance Australia
  4. Vicki Field Swim School vs. Hollard

John Berrill, the principal of Berrill and Watson Lawyers, clarified that Friday's ruling addresses only the procedural aspect of how claims should be resolved-individual vs. class actions-without commenting on the validity of the claims. He emphasized the importance of policyholders understanding their rights and considering their options promptly since claims linked to the 2020 pandemic lockdowns are approaching the six-year statute of limitations for legal action.

Published:Tuesday, 24th Sep 2024
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

Sign in with Google to rate

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

Why Truck Insurance Pricing Is Splitting for Australian Fleets
Why Truck Insurance Pricing Is Splitting for Australian Fleets
16 Jul 2026: Paige Estritori
Australia’s insurance market has moved into a more competitive phase, but truck operators should not assume that softer conditions will translate into automatic premium relief. A July 2026 market overview reported that insurer appetite remains strong for well-presented commercial risks, yet motor insurance is becoming sharply divided between disciplined fleets and higher-risk heavy vehicle operations. - read more
Chronic Illness Risk Puts Fresh Focus on Income Insurance
Chronic Illness Risk Puts Fresh Focus on Income Insurance
15 Jul 2026: Paige Estritori
New research highlighted by Zurich has put a timely spotlight on a major challenge for Australian workers: people are living longer, but many are also spending more of those years managing chronic health conditions. For households that rely on a regular wage, salary, business income or contract work, this trend reinforces why income insurance is not just a product for sudden accidents. - read more
Why Commission Earners Should Check Their Income Protection Wording
Why Commission Earners Should Check Their Income Protection Wording
15 Jul 2026: Paige Estritori
A recent Australian Financial Complaints Authority decision has put an important issue in focus for sales staff, recruiters, account managers and other workers whose income depends partly on commission. The dispute involved a policyholder covered under an employer’s group income protection arrangement with MetLife. After a work-related mental health injury, he claimed on the policy, but his commission earnings were left out when his pre-disability income was calculated. - read more
Steadfast Takeover Bid Puts Broker Networks in Focus
Steadfast Takeover Bid Puts Broker Networks in Focus
15 Jul 2026: Paige Estritori
A fresh development in Australia’s insurance broking sector is worth watching for boat owners, charter operators and anyone who relies on specialist advice to arrange marine cover. On 14 July 2026, Insurance News reported that global private equity firm KKR had joined the consortium seeking to acquire Steadfast Group in a proposed $7.7 billion transaction. - read more
Lifeline Breach Puts Cyber Cover Back on the SME Agenda
Lifeline Breach Puts Cyber Cover Back on the SME Agenda
15 Jul 2026: Paige Estritori
A reported data breach involving Lifeline Australia has renewed attention on a widening protection gap in the Australian cyber insurance market. While Lifeline has indicated that help-seeker and financial information were not compromised, the incident is a timely reminder that staff, volunteer, client and supplier data can still create serious legal, operational and reputational exposure for any organisation. - read more
Click for more Insurance News


Cyber Insurance Articles

The Importance of Cyber Risk Management in Modern Business
The Importance of Cyber Risk Management in Modern Business
Cyber risk management involves identifying, assessing, and prioritizing potential risks to an organization's digital assets and implementing measures to mitigate these threats. - read more
Best Practices for Securing Your Small Business in the Digital Age
Best Practices for Securing Your Small Business in the Digital Age
Cybersecurity refers to the measures and practices put in place to protect digital information and systems from attacks, unauthorized access, damage, and disruption. - read more
From Phishing to Hacking: Examining the Coverage Options of Cyber Insurance Policies
From Phishing to Hacking: Examining the Coverage Options of Cyber Insurance Policies
In today's digital landscape, Australian small businesses face a myriad of cyber risks that can threaten their operations and financial stability. From sophisticated phishing scams to debilitating hacking attacks, the need to safeguard against such digital threats has never been more pressing. This introductory guide serves to illuminate the complexities of the cyber risk environment within Australia, focusing on the small business sector's unique vulnerabilities. - read more
Cyber Insurance Claims: What Small Business Owners Need to Know
Cyber Insurance Claims: What Small Business Owners Need to Know
Cybersecurity incidents are a growing concern for small businesses. These incidents can have disastrous consequences on the affected businesses and their customers. Cyber insurance policies provide a form of financial protection for small businesses in the event of a cyber-attack. This article will provide an overview of cyber insurance claims and its importance for small business owners. - read more
Strengthen Your Defences: Implementing Effective Cybersecurity Protocols
Strengthen Your Defences: Implementing Effective Cybersecurity Protocols
In today's digital age, understanding the cyber threat landscape in Australia is not just important—it's essential. Cyber attacks are becoming more sophisticated and are affecting businesses and individuals at an alarming rate. Common types of cyber attacks include phishing, ransomware, and data breaches, each with the potential to cause significant harm. The impact of cybersecurity breaches on both the economy and the reputation of affected entities is profound, ranging from financial loss to long-lasting reputational damage. - read more

Knowledgebase
Insurance Deductible:
the amount that an insured is required to contribute toward an insurance claim as stipulated in an insurance policy. Otherwise known as the "policy excess".

Quick Links: | Cyber Insurance | Business Cyber Insurance | Cyber Liability Insurance | Small Business Cyber Insurance | Cyber Risk Insurance | Commercial Cyber Insurance | Cyber Security Insurance | Data Breach Insurance | Cyber Attack Insurance | Cyber Insurance Coverage | Cyber Insurance Policy
This website is owned and operated by Clark Family Pty Ltd (ACN 010 281 008) as Trustee for the Clark Family Trust (ABN 35 957 893 714), 43 Larch Street Tallebudgera QLD 4228. Clark Family Pty Ltd is an Authorised Representative (AR 1298860) of Unique Group Broker Services Pty Ltd (AFSL 509434) for financial product referrals and an Authorised Credit Representative (ACR 401491) of Saccasan Pty Ltd (ACL 386297). Check our licensing details on the ASIC registers: Clark Family Pty Ltd ACR, Clark Family Pty Ltd AR, Saccasan Pty Ltd, Unique Group Broker Services.
IMPORTANT: We act solely as an introducer and refer enquiries to licensed third-party brokers, insurers, and lenders. We do not provide financial product advice or credit assistance. We may receive a fee or commission from these third parties in consideration for the referral. Before any action is taken to obtain a product or service referred to by this website, advice should be obtained (from either the third party to whom we refer you or from another qualified intermediary) as to the appropriateness of obtaining those products having regard to your objectives, financial situation and needs. Whilst we have our own process for validating the legitimacy of our referral partners, you should independently verify the credentials and licensing of any adviser or provider you engage. Visit the ASIC website for further information.