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

Sign in with Google to rate

0 Comments

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

Insurance News

Why climate disclosure rules should prompt a cover check
Why climate disclosure rules should prompt a cover check
01 Sep 2026: Paige Estritori
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
Why Slower Building Approvals Can Become an Insurance Issue
Why Slower Building Approvals Can Become an Insurance Issue
01 Sep 2026: Paige Estritori
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
Why NSW Levy Reform Matters for Personal Trainers
Why NSW Levy Reform Matters for Personal Trainers
01 Sep 2026: Paige Estritori
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
Cyclone Reinsurance Pool Puts Cover Affordability Back in Focus
Cyclone Reinsurance Pool Puts Cover Affordability Back in Focus
01 Sep 2026: Paige Estritori
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
What Fresh Claims Data Says About the Value of Life Insurance
What Fresh Claims Data Says About the Value of Life Insurance
01 Sep 2026: Paige Estritori
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
Click for more Insurance News


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
Protect Your Data: Cyber Security Measures Every Aussie Company Must Implement
Protect Your Data: Cyber Security Measures Every Aussie Company Must Implement
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
How cyber business interruption cover works
How cyber business interruption cover works
Cyber business interruption cover may help an Australian business manage income loss and extra costs when a covered cyber incident disrupts normal operations. This guide explains common triggers, limits, waiting periods, dependent service provider issues and claim preparation. - 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
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

Knowledgebase
Replacement Cost:
The amount it would cost to replace or rebuild an insured asset with one of similar kind and quality, without depreciation.

Quick Links: | Cyber Insurance | Business Cyber Insurance | Cyber Liability Insurance | Small Business Cyber Insurance | Cyber Risk Insurance | Commercial Cyber Insurance | Cyber Security Insurance | Data Breach Insurance | Cyber Attack Insurance | Cyber Insurance Coverage | Cyber Insurance Policy
This website is owned and operated by Clark Family Pty Ltd (ACN 010 281 008) as Trustee for the Clark Family Trust (ABN 35 957 893 714), 43 Larch Street Tallebudgera QLD 4228. Clark Family Pty Ltd is an Authorised Representative (AR 1298860) of Unique Group Broker Services Pty Ltd (AFSL 509434) for financial product referrals and an Authorised Credit Representative (ACR 401491) of Saccasan Pty Ltd (ACL 386297). Check our licensing details on the ASIC registers: Clark Family Pty Ltd ACR, Clark Family Pty Ltd AR, Saccasan Pty Ltd, Unique Group Broker Services.
IMPORTANT: We act solely as an introducer and refer enquiries to licensed third-party brokers, insurers, and lenders. We do not provide financial product advice or credit assistance. We may receive a fee or commission from these third parties in consideration for the referral. Before any action is taken to obtain a product or service referred to by this website, advice should be obtained (from either the third party to whom we refer you or from another qualified intermediary) as to the appropriateness of obtaining those products having regard to your objectives, financial situation and needs. Whilst we have our own process for validating the legitimacy of our referral partners, you should independently verify the credentials and licensing of any adviser or provider you engage. Visit the ASIC website for further information.