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

Why Climate Risk Is Back on the Truck Insurance Agenda

13 Aug 2026: Paige Estritori

A fresh round of insurance industry warnings about climate exposure is a timely reminder for Australian truck operators that weather risk is no longer a background issue. Floods, bushfires, severe storms and prolonged road closures can affect far more than a single damaged vehicle. For owner-drivers and fleet managers, the larger concern is often the chain reaction: stranded equipment, missed delivery windows, cargo complications, depot damage and extended downtime while repair networks are under pressure. - read more

Affordability Pressure Puts Trade Cover Back Under the Spotlight

13 Aug 2026: Paige Estritori

Fresh industry attention on insurance affordability is more than a household budget story. For Australian tradespeople, rising premiums, higher repair costs and uneven disaster exposure can flow directly into how clients fund work, how projects are scoped and how small trade businesses protect their own equipment, vehicles and liability risks. - read more

Why Claim Clarity Matters More Than Ever for Income Insurance

13 Aug 2026: Paige Estritori

Recent complaints reporting from Australia's financial dispute resolution system has put a practical issue back in front of workers: the value of income insurance is not only in the monthly benefit promised, but in how clearly a policy works when a claim is made. - read more

What electronic work diaries mean for truck insurance

13 Aug 2026: Paige Estritori

Recent transport industry coverage has again put electronic work diaries in the spotlight, as more heavy vehicle operators look for practical ways to manage fatigue obligations without relying solely on paper records. For Australian trucking businesses, the shift is more than an administrative upgrade. It has direct implications for compliance evidence, driver management, incident investigation and the way insurers assess operational risk. - read more

Life Code Findings Put Income Protection Claims Back Under the Microscope

12 Aug 2026: Paige Estritori

The latest industry attention on Life Insurance Code compliance is another reminder that income protection insurance is not just about having a policy in place. For working Australians, the real test comes when illness or injury interrupts earnings and a claim needs to move from paperwork to practical financial support. - read more

Click for more Insurance News