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.

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:

Insurance News

Clear

Second NSW H5 Bird Flu Detection Puts Biosecurity Back on the Farm Risk Agenda

17 Jul 2026: Paige Estritori

A second H5 bird flu detection in New South Wales has moved avian disease risk from a distant global concern to a practical on-farm planning issue for Australian producers. The latest case involved a petrel found at Hawks Nest on the NSW Mid North Coast, following an earlier detection at the same beach. Authorities have indicated the human health risk remains low, and there has been no reported H5 detection in NSW commercial poultry flocks at this stage. - read more

What the Partnered Health Breach Means for Clinic Risk

17 Jul 2026: Paige Estritori

The latest reporting on the Partnered Health cyber attack may be a wake-up call for allied health practices that store patient information, uses shared booking systems or relies on cloud-based clinical software. The healthcare group, which operates more than 60 clinics nationally, became aware on 23 June 2026 that a malicious actor had accessed data from some clinics. Potentially affected patients were not notified publicly until more than three weeks later. - read more

What the Partnered Health Cyber Attack Means for Fitness Operators

17 Jul 2026: Paige Estritori

A cyber attack disclosed by Partnered Health Group on 15 July 2026 has put health-related data security back on the agenda for Australian service businesses. The incident reportedly affected patient information across 21 clinics in multiple states and territories, including contact details, Medicare information, private health insurance details and medical records. While this was a healthcare provider incident, the lessons are highly relevant for fitness professionals who collect health screening forms, injury histories, progress notes, emergency contacts and payment details. - read more

AI Agent Risks Put Consultant Cover Under the Microscope

17 Jul 2026: Paige Estritori

A new industry report on AI agents has sharpened an issue that many Australian consultants can no longer treat as theoretical: when automated tools make decisions, access client data or carry out tasks, which insurance policy responds if something goes wrong? - read more

Taree Flood Lessons Renew Pressure on Insurance Affordability

17 Jul 2026: Paige Estritori

A fresh roundtable in Taree has put flood insurance affordability back under the spotlight, more than a year after the May 2025 floods devastated parts of the Manning Valley and Mid North Coast. The discussion, co-hosted by Insurance Council of Australia CEO Andrew Hall and federal MP Alison Penfold, brought together business and council leaders to examine why recovery alone is not enough when the underlying flood risk remains. - read more

Click for more Insurance News