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

HESTA Announces Significant Insurance Fee Reductions and Enhanced Member Protections
HESTA Announces Significant Insurance Fee Reductions and Enhanced Member Protections
26 May 2026: Paige Estritori
HESTA, a prominent Australian superannuation fund, has unveiled a series of changes aimed at providing more accessible and affordable insurance coverage for its members. Effective from 1 July 2026, these adjustments include an average 12% reduction in insurance fees across all cover types, encompassing death, total and permanent disablement (TPD), and income protection cover. - read more
Acenda Life Introduces Significant Updates to Income Protection Policies
Acenda Life Introduces Significant Updates to Income Protection Policies
26 May 2026: Paige Estritori
Acenda Life has recently implemented a series of updates to its Retail Life Insurance portfolio, effective from 11 April 2026. These changes are designed to provide greater flexibility and accessibility for Australians seeking income protection insurance, addressing common concerns about policy limitations and entry age restrictions. - read more
AFCA Backs Insurer in Income Protection Offset Case
AFCA Backs Insurer in Income Protection Offset Case
26 May 2026: Paige Estritori
The Australian Financial Complaints Authority (AFCA) has recently ruled in favour of Nippon Life Insurance in a dispute concerning income protection (IP) offsets, confirming an overpayment of nearly $18,000 and supporting the insurer's decision to suspend benefits during the reconciliation of compulsory third party (CTP) income. - read more
Australian Tattooists Struggle with Soaring Insurance Premiums
Australian Tattooists Struggle with Soaring Insurance Premiums
26 May 2026: Paige Estritori
The Australian tattoo industry is currently grappling with prohibitively high insurance premiums, a situation largely attributed to a lack of competition within the insurance market. The Australian Tattooists Guild has highlighted that the dominance of a single broker and underwriter has resulted in a near-monopoly, leaving tattoo businesses with few alternatives for affordable coverage. - read more
Escalating Insurance Premiums Threaten Australian Small Businesses
Escalating Insurance Premiums Threaten Australian Small Businesses
26 May 2026: Paige Estritori
Australian small businesses, including beauty salons, are confronting a significant challenge: rapidly increasing insurance premiums that threaten their operational viability. A recent federal parliamentary inquiry has shed light on the severe impact these escalating costs are having on the small business sector. - read more


Cyber Insurance Articles

Understanding the Risks: How Cyber Threats Can Cripple Your Business
Understanding the Risks: How Cyber Threats Can Cripple Your Business
In today's rapidly evolving digital landscape, Australian businesses face an ever-increasing array of cyber threats. From sophisticated phishing schemes to ransomware attacks, these dangers lurk in the virtual shadows, often going unnoticed until it's too late. Recognizing and understanding these cyber risks is not just important; it's crucial for the sustainability and success of any modern enterprise. - 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
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
Cyber Security Checklists: Keeping Your Small Business Safe
Cyber Security Checklists: Keeping Your Small Business Safe
In today's digital age, cyber security has become a critical aspect for small businesses in Australia. As more operations move online, the potential for cyber threats increases. Small businesses are particularly vulnerable, making it essential to understand and address these risks proactively. - read more
Cyber Insurance: Safeguarding Your Business Assets and Reputation in the Digital Age
Cyber Insurance: Safeguarding Your Business Assets and Reputation in the Digital Age
Cyber Insurance is a type of insurance policy that protects businesses against internet-based risks and threats. This policy covers damages and losses caused by cyber attacks, such as theft of customer information, network downtime, and damage to reputation. - read more

Knowledgebase
Grace Period:
A set amount of time after the premium is due during which a policyholder can make a payment without the insurance coverage lapsing.