Life 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:

Insurance News

Australian Insurers Tackle Premium Affordability Challenges in 2026
Australian Insurers Tackle Premium Affordability Challenges in 2026
31 Mar 2026: Paige Estritori
In 2026, Australian insurers are prioritizing premium affordability and insurability as they confront escalating claims costs, climate-related losses, and technology-enabled fraud. According to Gallagher Bassett's 2026 global claims study, these factors are significantly influencing pricing, underwriting, and capital allocation decisions. - read more
Medibank's Profit Surge Amidst Rising Health Insurance Premiums
Medibank's Profit Surge Amidst Rising Health Insurance Premiums
31 Mar 2026: Paige Estritori
Medibank Private, one of Australia's leading health insurers, has reported a significant increase in its interim net profit, coinciding with a notable rise in health insurance premiums across the country. This development has sparked discussions about the affordability and value of private health insurance for Australian consumers. - read more
TAL's 'Pathways': A New Digital Solution for Mental Health Claims
TAL's 'Pathways': A New Digital Solution for Mental Health Claims
31 Mar 2026: Paige Estritori
In a significant move to improve the claims process for mental health-related income protection, Australian life insurer TAL has announced the development of a new digital platform named 'Pathways.' This initiative is a collaborative effort involving the Digital Health Cooperative Research Centre, the University of Sydney, and Workcom, aiming to streamline and enhance the experience for policyholders navigating mental health claims. - read more
ASIC Takes Legal Action Against Budget Direct Over Discount Misrepresentation
ASIC Takes Legal Action Against Budget Direct Over Discount Misrepresentation
31 Mar 2026: Paige Estritori
The Australian Securities and Investments Commission (ASIC) has commenced legal proceedings against Auto & General, the parent company of Budget Direct, alleging that the insurer misled customers regarding promised discounts, resulting in overcharged premiums over several years. - read more
Rising Claims and Premium Pressures Challenge Australian Insurers
Rising Claims and Premium Pressures Challenge Australian Insurers
31 Mar 2026: Paige Estritori
The Australian insurance industry is currently navigating a complex landscape marked by escalating claims and mounting premium pressures. Recent data from the Australian Prudential Regulation Authority (APRA) reveals a significant downturn in the sector's profitability, primarily attributed to severe weather events and broader economic challenges. - read more


Life Insurance Articles

Life Insurance Essentials: Protecting Your Growing Aussie Family
Life Insurance Essentials: Protecting Your Growing Aussie Family
Life insurance remains one of the most crucial considerations for new parents aspiring to provide a secure future for their growing families. The arrival of a child marks a transformative moment, redefining priorities and responsibilities. At its core, life insurance is a safety net, designed to offer financial protection and stability to loved ones in the event of an unforeseen tragedy. - read more
Life Insurance for Young Adults: Why It’s Never Too Early to Get Covered
Life Insurance for Young Adults: Why It’s Never Too Early to Get Covered
Life insurance might not be at the forefront of your mind, especially when you're young and healthy. However, understanding the essence of life insurance early on can significantly impact your financial future and provide much-needed peace of mind. - read more
Understanding Your Insurance Needs at Every Life Stage
Understanding Your Insurance Needs at Every Life Stage
Navigating the complex world of insurance can often feel daunting, but understanding the importance of life stage consideration when choosing life insurance is essential. As we journey through the various chapters of our lives, our financial responsibilities, dependents, and personal circumstances evolve. These changes invariably have significant implications for our insurance needs. - read more
How Much Life Insurance Does Your Family Actually Need?
How Much Life Insurance Does Your Family Actually Need?
Financial security for families is an essential consideration in any household. Life can be unpredictable, and ensuring that your loved ones are protected from financial hardship in your absence is a critical part of financial planning. - read more
How Life Insurance and Estate Planning Work Together for Your Benefit
How Life Insurance and Estate Planning Work Together for Your Benefit
For many Australian families, the concept of estate planning might evoke imagery of vast wealth and complex legal documents, reserved for the very affluent. However, this misconception overshadows the universal importance of having an estate plan, which at its core, is about ensuring your loved ones are cared for and your wishes are honored upon your passing—even if you don't consider yourself wealthy. - read more


Your Life Insurance Quote Starts Here

Life Cover Amount:
Postcode:

All quotes are provided obligation-free by a participating broker from our national referral partner network. We respect your Privacy.


Knowledgebase
Loss Ratio:
The ratio of claims paid by an insurer to the premiums earned, used as a measure of profitability.