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.
Australia’s mandatory climate-related financial disclosure regime is moving from policy discussion into practical reporting, and consultants who support sustainability, governance, risk, data, finance or transformation projects should pay close attention. The rules initially apply to larger entities, but their impact is likely to spread through procurement, due diligence and supply chain expectations. - read more
Australia’s latest building approvals commentary has again highlighted a difficult reality for the construction sector: the national housing task is ambitious, but the project pipeline remains uneven. Industry groups have pointed to approvals volatility, planning delays and capacity constraints as continuing barriers to lifting housing supply at the pace governments want. - read more
NSW’s move to redesign the way emergency services are funded has put business insurance affordability back in focus. For personal trainers, bootcamp operators and small studio owners, the issue is more practical than political: when statutory charges are added to premiums, cover can become harder to maintain at the level a growing fitness business actually needs. - read more
The latest monitoring of Australia’s cyclone reinsurance pool has again highlighted a key reality for households and small businesses in cyclone-exposed regions: government-backed premium relief can help, but it does not remove the need to check whether cover is suitable, affordable and realistically sized for the risk. - read more
Fresh industry claims data has put a timely spotlight on the role life insurance continues to play for Australian families, workers and business owners. While premiums and affordability often dominate the conversation, the latest sector snapshot is a reminder that life cover is ultimately tested at claim time, when a death, serious illness, disability or extended inability to work can quickly become a financial shock. - read more
In today's digital age, the rising importance of cybersecurity for small businesses in Australia cannot be overstated. As technology permeates every aspect of business operations, it offers tremendous advantages but also exposes small businesses to a growing array of cyber threats. These threats are increasingly targeting small companies, seeking to exploit vulnerabilities and potentially cause significant financial and reputational damage. - read more
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
In today's rapidly evolving cyber landscape, Australian businesses must prioritize data security more than ever before. As companies continue to digitize operations and store sensitive data electronically, the need for robust cybersecurity measures has become paramount. This introduction lays the foundation for understanding the criticality of protecting your company's most valuable asset—its data. - read more
In today’s digital landscape, Australian companies face an increasing threat from cyber criminals. The paramount importance of cybersecurity has never been more evident, with the surge of incidents exposing the vulnerabilities in organizations' digital defenses. As we usher into an era where data breaches and cyber attacks are commonplace, protecting digital assets becomes a crucial part of doing business. - 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
Knowledgebase
Term Life Insurance: A life insurance that provides a cover for a specific period of time - usually one to five years or until the insured reaches age 65 or 70.
No comments yet. Be the first to share your thoughts.