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

0 Comments

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

Insurance News

What Rising Insurance Disputes Mean for Income Protection Customers
What Rising Insurance Disputes Mean for Income Protection Customers
29 Oct 2026: Paige Estritori
New Zealand’s latest insurance dispute figures are a timely warning for anyone relying on personal cover to protect their household income. The Insurance & Financial Services Ombudsman Scheme reported that, for the year ended 30 June 2026, health insurance became the largest category of disputes it investigated for the first time, with health disputes up 91 percent and 833 dispute investigations completed across all categories. - read more
Crash Data Shows Where Truck Risk Is Shifting
Crash Data Shows Where Truck Risk Is Shifting
29 Oct 2026: Paige Estritori
The 2026 National Truck Accident Research Centre major incident report gives Australian truck operators a useful, if challenging, snapshot of where serious heavy vehicle risk is changing. Released in October 2026 and based on de-identified NTI-insured heavy vehicle major-loss claims, the report points to progress on distraction and fatigue, while also highlighting renewed concern about inappropriate speed and following distance. - read more
Delayed Small Business Insurance Inquiry Keeps Cover Concerns on the Agenda
Delayed Small Business Insurance Inquiry Keeps Cover Concerns on the Agenda
29 Oct 2026: Paige Estritori
A federal parliamentary inquiry into small business insurance has pushed back its reporting timetable, extending the wait for recommendations on insurance affordability, availability and regulation. Insurance News reported on 27 October 2026 that the inquiry, which had been expected to report that day, now intends to table its final report by 26 February 2027 after receiving extensive evidence from across the market. - read more
What the Insurance Code Rewrite Means for Shop Claims
What the Insurance Code Rewrite Means for Shop Claims
29 Oct 2026: Paige Estritori
Australia’s proposed overhaul of the General Insurance Code of Practice has moved from consultation to regulator review, with the Insurance Council of Australia lodging a strengthened code with ASIC on 22 October 2026. For shop owners, this is not an instant change to policy terms, but it is a significant development in how insurers may be expected to handle claims, complaints, vulnerability and customer communication in the next phase of the market. - read more
Why the SME Cyber Insurance Gap Is Becoming Harder to Ignore
Why the SME Cyber Insurance Gap Is Becoming Harder to Ignore
29 Oct 2026: Paige Estritori
New research from specialist insurer CFC, reported on 26 October 2026, has put a sharper number on a problem many Australian small businesses already sense: cyber risk is moving faster than insurance take-up. CFC’s local findings indicate seven in 10 Australian SMEs surveyed experienced a cyber incident in the past three years, while standalone cyber policy uptake is still estimated at only 10% to 15%. - read more


Cyber Insurance Articles

Cyber Security Essentials: Steps to Secure Your Online Business in Australia
Cyber Security Essentials: Steps to Secure Your Online Business in Australia
As the digital economy flourishes, Australian businesses are enjoying the fruits of their own cyber-infrastructure but are also becoming increasingly susceptible to cyber threats. The era of the internet has ushered in a wave of new opportunities, yet it also demands vigilance in the face of growing cyber risks. With cyberattacks becoming more sophisticated and frequent, the imperative for robust cyber security measures has never been more pronounced. - read more
Understanding the Importance of Cyber Insurance in the Digital Age
Understanding the Importance of Cyber Insurance in the Digital Age
As we dive deeper into the digital era, the topic of cyber security becomes increasingly critical. With businesses and individuals relying heavily on digital technologies, the threat of cyber attacks looms larger than ever. This introductory section aims to unpack the concept of cyber insurance as a tool to mitigate these risks. - 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
What affects the cost of cyber insurance for Australian businesses?
What affects the cost of cyber insurance for Australian businesses?
Cyber insurance premiums for Australian businesses can vary because insurers assess each business's data exposure, industry, systems, security controls, claims history and selected cover. This guide explains the main factors that may influence cost and how SMEs can prepare for a clearer quote process. - read more
Before You Apply for Cyber Insurance: What You’ll Be Asked (and What It Really Means)
Before You Apply for Cyber Insurance: What You’ll Be Asked (and What It Really Means)
Cyber insurance is one of the most valuable business covers available today, but it is also one of the most confusing to apply for. Many business owners expect it to work like other insurance types, where you provide basic details such as turnover, industry, and location, then receive a quote. Cyber insurance is different. It behaves less like a simple application and more like a risk interview. - read more

Knowledgebase
Exclusion:
Specific conditions or circumstances for which the insurance policy does not provide coverage.