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
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Understanding the 4.41% Increase in Private Health Insurance Premiums for 2026
Understanding the 4.41% Increase in Private Health Insurance Premiums for 2026
02 Mar 2026: Paige Estritori
Australian private health insurance premiums are set to rise by an average of 4.41% from 1 April 2026, marking the most significant increase since 2017. Health Minister Mark Butler stated that this adjustment reflects the escalating costs of medical and hospital services, which have risen by 5% over the past financial year. This increase is expected to impact over 15 million Australians who hold private health insurance policies. - read more
Australian Medical Association Report Reveals Erosion of Value in Private Health Insurance
Australian Medical Association Report Reveals Erosion of Value in Private Health Insurance
02 Mar 2026: Paige Estritori
The Australian Medical Association (AMA) has released its latest Private Health Insurance Report Card, highlighting a concerning trend where Australians are paying higher premiums for private health insurance while receiving diminished value in return. The report indicates that nearly 70% of policies now contain exclusions, limiting the coverage available to policyholders. - read more
Private Health Insurers Refund $4.8 Billion in COVID-19 Windfall to Australian Policyholders
Private Health Insurers Refund $4.8 Billion in COVID-19 Windfall to Australian Policyholders
02 Mar 2026: Paige Estritori
Private health insurers in Australia have returned nearly $4.8 billion to policyholders, fulfilling their commitment not to profit from reduced healthcare service utilization during the COVID-19 pandemic. The widespread cancellation of elective surgeries and other medical appointments during lockdowns led to significant savings for insurers, who have now redistributed these funds to their customers. - read more
AUSactive's New Insurance Offering: Enhanced Protection at Lower Costs
AUSactive's New Insurance Offering: Enhanced Protection at Lower Costs
02 Mar 2026: Paige Estritori
AUSactive has unveiled a new insurance solution designed specifically for fitness and active health professionals. This initiative aims to provide enhanced protection while offering lower premiums compared to existing market options. - read more
Health Insurance Reforms: Inclusion of Natural Therapies from 2026
Health Insurance Reforms: Inclusion of Natural Therapies from 2026
02 Mar 2026: Paige Estritori
In a significant policy shift, Australian health insurers will begin offering rebates for a range of natural therapies, including Yoga, Pilates, Tai Chi, Shiatsu, Naturopathy, Western herbal medicine, and the Alexander Technique, starting early 2026. This change follows legislative amendments allowing these therapies to be covered under private health insurance for the treatment of health conditions or as part of health management programs. - read more


Cyber Insurance Articles

How to Protect Your Small Business from Cyber Threats
How to Protect Your Small Business from Cyber Threats
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
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
Protecting Sensitive Data: Cyber Threat Prevention for Remote Teams
Protecting Sensitive Data: Cyber Threat Prevention for Remote Teams
Remote work has seen a significant rise in Australia, especially following the COVID-19 pandemic. More businesses are embracing flexibility, allowing employees to work from home or other remote locations. - read more
Strengthen Your Defences: Implementing Effective Cybersecurity Protocols
Strengthen Your Defences: Implementing Effective Cybersecurity Protocols
In today's digital age, understanding the cyber threat landscape in Australia is not just important—it's essential. Cyber attacks are becoming more sophisticated and are affecting businesses and individuals at an alarming rate. Common types of cyber attacks include phishing, ransomware, and data breaches, each with the potential to cause significant harm. The impact of cybersecurity breaches on both the economy and the reputation of affected entities is profound, ranging from financial loss to long-lasting reputational damage. - 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


Your free Cyber insurance quote comparison starts here!
First Name:
Postcode:

All quotes are provided free and without obligation by a Specialist from our National Broker referral panel. See our Privacy Statement for more details.


Knowledgebase
Incontestability Clause:
A provision in a life insurance policy that prevents the insurer from voiding coverage due to a misstatement by the insured after a certain period.