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

ASIC Calls on Insurers to Enhance Cyber Security in Response to AI Threats
ASIC Calls on Insurers to Enhance Cyber Security in Response to AI Threats
07 Jun 2026: Paige Estritori
The Australian Securities and Investments Commission (ASIC) has issued a stark warning to the insurance sector, emphasising the urgent need to strengthen cyber defences in light of escalating threats posed by artificial intelligence (AI). In a recent open letter, ASIC Commissioner Simone Constant highlighted that the advent of advanced AI technologies has fundamentally altered the cyber threat landscape, necessitating immediate and decisive action from insurers. - read more
Comprehensive All-Risk Insurance Now Available for Large-Scale Australian Farms
Comprehensive All-Risk Insurance Now Available for Large-Scale Australian Farms
07 Jun 2026: Paige Estritori
In a significant development for Australia's agricultural sector, Harland Green, a newly established Lloyd's coverholder, has unveiled an all-risk farm insurance package specifically designed for large commercial farming operations. This initiative aims to address the complex and evolving needs of the agricultural industry by offering comprehensive coverage that encompasses various aspects of farm operations. - read more
Strategic Insurance Planning Essential for Australian Farmers Facing Rising Premiums
Strategic Insurance Planning Essential for Australian Farmers Facing Rising Premiums
07 Jun 2026: Paige Estritori
With Australian farm incomes under pressure and insurance premiums rising by up to 40% in some regions, agricultural leaders are urging producers to move away from a 'set and forget' mentality. In today's climate, being strategic with your insurance is no longer just a recommendation-it is a vital business necessity. - read more
NRMA's Exit from Farm Insurance: What It Means for Australian Farmers
NRMA's Exit from Farm Insurance: What It Means for Australian Farmers
07 Jun 2026: Paige Estritori
Urgent Update for Australian Farmers: NRMA Exits Farm Insurance Market-Here’s Your Trusted Alternative - read more
Rising Insurance Costs Impact Transport and Construction Sectors
Rising Insurance Costs Impact Transport and Construction Sectors
07 Jun 2026: Paige Estritori
Recent analyses indicate that Australian transport and construction industries are encountering substantial increases in insurance premiums, driven by overarching macroeconomic factors rather than individual business performance. - read more
Click for more Insurance News


Cyber Insurance Articles

Navigating the Aftermath: Your Cyber Attack Recovery Roadmap
Navigating the Aftermath: Your Cyber Attack Recovery Roadmap
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
How to Safeguard Your Financial Data from Cyber Threats
How to Safeguard Your Financial Data from Cyber Threats
Cyber risk management involves identifying, assessing, and mitigating risks related to digital and online threats. These threats can include unauthorized access to sensitive information, data breaches, and other malicious activities targeting an organization’s digital infrastructure. - read more
Understanding the Cost of Cyber Attacks on Small Businesses and How to Avoid Them
Understanding the Cost of Cyber Attacks on Small Businesses and How to Avoid Them
Cybersecurity refers to the practice of protecting systems, networks, and programs from digital attacks. These cyber attacks are usually aimed at accessing, changing, or destroying sensitive information, extorting money from users, or interrupting normal business processes. - read more
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
Understanding the Importance of Cyber Insurance in the Digital Age
Understanding the Importance of Cyber Insurance in the Digital Age
As we dive deeper into the digital era, the topic of cyber security becomes increasingly critical. With businesses and individuals relying heavily on digital technologies, the threat of cyber attacks looms larger than ever. This introductory section aims to unpack the concept of cyber insurance as a tool to mitigate these risks. - read more

Knowledgebase
Claim:
A formal request made by the policyholder to the insurance company for payment of a loss covered by the insurance policy.

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.