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 fresh Australian Government vehicle recall for selected Isuzu MY25 trucks is a timely reminder that modern heavy vehicle risk is no longer limited to tyres, brakes, steering, driver behaviour or road conditions. Software faults can also create safety exposures that matter for fleet operations, incident investigations and insurance conversations. - read more
A federal parliamentary inquiry into small business insurance has pushed its reporting timetable into early 2027, extending the wait for recommendations that may shape future debate on affordability, availability and regulation. For Australian tradespeople, the delay matters because the inquiry is examining the commercial insurance lines many small operators rely on daily, including public liability, professional indemnity, cyber risk and business interruption cover. - read more
A new Life Code Compliance Committee inquiry has put fresh attention on the way life insurers manage longer-running income protection insurance and total and permanent disability claims, finding that clearer communication and earlier information requests could reduce avoidable stress for people waiting on claim decisions. - read more
A fresh safety recall affecting 3,710 Isuzu MY25 trucks is a timely reminder that modern truck insurance risk is not only about driver behaviour, road conditions or workshop servicing. Software, trailer systems and electronic braking signals can all become part of the evidence trail if an incident occurs. - read more
Australia’s life insurance sector is moving into a detailed debate over how mental health conditions should be treated in disability-style cover, and the outcome could matter for business owners who rely on insurance to protect income, debt and operational continuity. - read more
In an age where digital presence intertwines with daily operations, the threat landscape in Australia has magnified, exposing businesses to an evolving array of cyber threats. From sophisticated phishing attempts to ransomware attacks, the risk of digital insecurity looms large. Australia, with its growing technological adoption, finds itself facing an upsurge in cyber threat incidents year over year. - read more
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
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, 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
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
Replacement Cost: The amount it would cost to replace or rebuild an insured asset with one of similar kind and quality, without depreciation.
No comments yet. Be the first to share your thoughts.