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

Claims Handling Scrutiny Offers Income Protection Lessons

05 Aug 2026: Paige Estritori

Recent industry attention on insurance claims handling has put a practical issue back in front of Australian households: a policy is only as valuable as the support it provides when a claim is made. For income protection insurance, that moment often arrives during illness, injury, stress and reduced cash flow, so clear communication and timely assessment matter enormously. - read more

What Fresh Life Insurance Data Means for Australian Families

05 Aug 2026: Paige Estritori

Fresh industry data has again put the spotlight on the financial health of Australia's life insurance sector, with the latest APRA reporting indicating that insurers remain in a more stable position than during the most difficult years of claims volatility and pandemic disruption. For households, however, the important message is not simply whether insurers are profitable. It is whether the cover sitting behind a mortgage, young family, business loan or superannuation account is still suitable, affordable and clearly understood. - read more

Underinsurance Warning Lands at a Critical Time for Farms

04 Aug 2026: Paige Estritori

Fresh insurance industry concern about underinsurance is especially relevant for Australian farmers as rebuilding and replacement costs remain stubbornly high. While the issue is often discussed in relation to houses, the same pressure applies across rural assets: sheds, fencing, pumps, tanks, grain storage, livestock yards, irrigation equipment and machinery can all cost significantly more to replace than they did when a policy was first arranged. - read more

ASIC Breach Reporting Trends Put Professional Risk Back Under the Microscope

04 Aug 2026: Paige Estritori

Following recent complaints data, fresh industry attention on ASIC’s reportable situations regime is another reminder that professional risk rarely appears without warning. Breach reporting, client complaints, remediation delays and internal control failures can all become early indicators of a larger professional indemnity exposure, particularly for firms that provide financial advice, credit assistance, compliance support, accounting, consulting or outsourced professional services. - read more

Insurance Complaints Put Policy Clarity Back on the Agenda

04 Aug 2026: Paige Estritori

Australia’s insurance complaints environment remains a useful warning sign for real estate agencies, particularly those relying on multiple policies across professional indemnity, public liability, cyber, office contents, business interruption and commercial motor cover. Recent dispute trends reported through the financial complaints system continue to show that customers are most likely to become frustrated when claims are delayed, declined, poorly explained or affected by policy exclusions they did not fully understand at the outset. - read more

Click for more Insurance News