Federal Court Dismisses Class Actions for COVID Business Interruption Claims
Federal Court Dismisses Class Actions for COVID Business Interruption Claims
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.
Cody Gemtec Retail t/as the National Opal Collection vs. Syndicate 2003 at Lloyd's
Strand Fitness vs. QBE
CMC Hospitality vs. Insurance Australia
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.
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.
A federal parliamentary inquiry examining small business insurance has pushed its final report from 27 October 2026 to 26 February 2027, extending the wait for recommendations on affordability, availability and regulation. For Australian businesses that rely on public liability insurance, the delay matters because the inquiry is looking directly at whether modern cover is meeting the needs of small firms, not-for-profits and community organisations. - read more
A new Life Code Compliance Committee inquiry has sharpened attention on how life insurers manage longer-running total and permanent disability and income protection claims, finding that earlier information requests and clearer communication could reduce avoidable delays for people already dealing with illness, injury or loss of income. - read more
Australian restaurants and cafes may be entering a more competitive phase for liability insurance, but the latest market analysis suggests owners should avoid treating softer pricing as a signal that risk has reduced. KPMG Australia's October 2026 liability insurance review, drawing mainly on APRAs National Claims and Policies Database to December 2024, points to moderating pricing momentum after several years of premium strengthening, while also highlighting uneven claims experience across public liability and related classes. - read more
Fresh commercial insurance data points to a more buyer-friendly market, but Australian truck operators should be careful not to read the headline fall as a simple forecast for cheaper heavy vehicle cover. Marsh’s Q3 2026 Global Insurance Market Index, released on 21 October 2026, reported a 12 per cent fall in Pacific commercial insurance rates for the quarter, led by property and supported by strong insurer competition. - read more
Australian trade businesses heading into renewal season may find the commercial insurance market more competitive than it has been for several years, with recent industry updates pointing to softer pricing across several business insurance classes. For tradies, that does not automatically mean every premium will fall, but it does create a useful moment to review whether cover still matches the way the business actually works. - read more
As we delve into the digital era, the number of cyber threats that challenge Australian small businesses is significantly on the rise. Cyber attacks have become more sophisticated, frequent, and continue to disrupt the operations of small enterprises, often with devastating consequences. The need to fortify defenses against such threats has never been more paramount. - read more
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
In today's digital environment, Australian businesses need practical cybersecurity protocols to help protect sensitive data, digital assets and networks. Phishing, ransomware and data breaches can disrupt operations, create financial loss and damage reputation, so cybersecurity should be treated as an ongoing business discipline rather than a one-off technology task. - read more
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
In today's digital age, businesses are increasingly becoming more vulnerable to online threats. Cyber attacks are not just limited to large corporations. Small businesses are also at risk and can suffer severe financial losses due to cyber threats. It is essential for small businesses to invest in cyber insurance. Cyber insurance offers protection against online threats, providing financial assistance if a company experiences a data breach, cyber attack, or other forms of cybercrime. - read more
Knowledgebase
Actuary: A professional who analyzes the financial costs of risk and uncertainty using mathematics, statistics, and financial theory.
No comments yet. Be the first to share your thoughts.