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

APRA Intervenes to Freeze Unjustified Premium Increases in Commercial Auto Insurance
APRA Intervenes to Freeze Unjustified Premium Increases in Commercial Auto Insurance
09 Jun 2026: Paige Estritori
In March 2026, the Australian Prudential Regulation Authority (APRA) took decisive action to address significant premium hikes in the commercial auto insurance sector. Responding to widespread industry concerns, APRA issued emergency regulations to freeze unjustified baseline premium increases exceeding 25%, pending external review. This intervention aims to protect independent transport operators and logistics enterprises from immediate financial strain. - read more
Emergence Insurance Strengthens Cyber Risk Portfolio with Blue Zebra Acquisition
Emergence Insurance Strengthens Cyber Risk Portfolio with Blue Zebra Acquisition
09 Jun 2026: Paige Estritori
Emergence Insurance has announced the acquisition of Blue Zebra's cyber insurance portfolio, marking a significant expansion of its cyber risk offerings in the Australian market. This move is set to bolster Emergence's capabilities in providing comprehensive cyber insurance solutions to businesses across the country. - read more
State Government Initiates Bushfire Mitigation Trials in Urban Fringe Areas
State Government Initiates Bushfire Mitigation Trials in Urban Fringe Areas
09 Jun 2026: Paige Estritori
In response to the increasing threat of bushfires in urban fringe areas, a state government has commenced trials of new mitigation measures designed to enhance community safety. These initiatives aim to reduce the risk and impact of bushfires on residential communities situated near bushland. - read more
Key Challenges Facing Australian Insurers in 2026
Key Challenges Facing Australian Insurers in 2026
08 Jun 2026: Paige Estritori
As 2026 unfolds, Australian insurers are grappling with three immediate pressures: rising premium costs and shrinking insurability, ongoing cyber and data risks, and increasing difficulty in hiring and retaining skilled workers. According to industry feedback cited in Gallagher Bassett’s upcoming 'The Carrier Perspective: 2026 Claims Insights' report, premium affordability and insurability have become the leading concerns for insurers, linked to rising inflation, increasing climate-related losses, and regulatory pressures. - read more
QLS Announces 15% Reduction in Professional Indemnity Insurance Levies for 2026/27
QLS Announces 15% Reduction in Professional Indemnity Insurance Levies for 2026/27
08 Jun 2026: Paige Estritori
The Queensland Law Society (QLS) has recently approved a substantial 15% reduction in professional indemnity (PI) insurance levies for the 2026/27 period. This decision is set to provide significant financial relief to legal practitioners throughout Queensland. - read more


Cyber Insurance Articles

Cyber Insurance 101: What Every Australian Business Owner Needs to Know
Cyber Insurance 101: What Every Australian Business Owner Needs to Know
Cyber insurance, also known as cyber liability insurance, is a type of coverage designed to protect businesses from the financial repercussions of cyber attacks and data breaches. As cyber threats become more sophisticated, the need for a safety net to mitigate the impact of such incidents has grown significantly. - read more
10 Common Online Liabilities and How to Mitigate Them
10 Common Online Liabilities and How to Mitigate Them
In this digital age, online liabilities have become a crucial concern for individuals and businesses alike. At its core, an online liability refers to the potential risks and responsibilities associated with using the internet. These risks can range from data breaches to financial theft, and they have significant implications in our increasingly connected world. - read more
The Essential Guide to Cyber Insurance for Australian Businesses
The Essential Guide to Cyber Insurance for Australian Businesses
Cyber insurance is a type of insurance designed to protect businesses from internet-based risks and, more generally, from risks relating to information technology infrastructure and activities. It covers losses related to data breaches, cyber extortion, and other kinds of cyber attacks. - read more
Understanding Cyber Threats and How They Affect Your Finances
Understanding Cyber Threats and How They Affect Your Finances
Cyber threats refer to malicious acts that seek to damage data, steal information, or disrupt digital operations. These threats can come in various forms, such as malware, phishing attacks, ransomware, and more. - 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
Premium:
The amount paid for an insurance policy, usually on a regular basis, to maintain coverage.