Federal Court Dismisses Class Actions for COVID Business Interruption Claims
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.
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.
Cody Gemtec Retail t/as the National Opal Collection vs. Syndicate 2003 at Lloyd's
Strand Fitness vs. QBE
CMC Hospitality vs. Insurance Australia
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.
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.
The Australian commercial insurance market has maintained its soft conditions through the first half of 2026, characterized by easing pricing across most lines and a broad insurer appetite. This trend is largely driven by heightened competition, expanded capacity, and stabilizing reinsurance conditions. - read more
The 2026-27 Federal Budget, presented by Treasurer Jim Chalmers, introduces several measures with direct implications for the Australian insurance industry. These include legislated natural hazard definitions and a doubled Australian Prudential Regulation Authority (APRA) prudential threshold. However, the budget also leaves certain areas unaddressed, such as disaster funding and the Hazards Insurance Partnership. - read more
The Australian Prudential Regulation Authority (APRA) and the Australian Securities and Investments Commission (ASIC) have called for decisive action to address mounting sustainability pressures in the Total and Permanent Disability (TPD) insurance market. This call to action follows a high-level industry roundtable that brought together senior executives from 19 insurers and reinsurers, alongside representatives from Treasury and the Council of Australian Life Insurers (CALI). - read more
Insurance Australia Group (IAG), a leading general insurer in Australia, has reported a net profit after tax of AU$505 million for the first half of the 2026 financial year. This performance demonstrates resilience in the face of severe seasonal weather events that impacted the industry during this period. - read more
In a significant development for the fitness industry, AUSactive has unveiled a new insurance product specifically designed for exercise and active health professionals. This initiative, developed in partnership with global insurance broker Marsh, aims to provide enhanced protection while offering lower premiums compared to existing market options. - read more
Life insurance is a critical component of a sound financial plan. It provides financial security and peace of mind to you and your loved ones, ensuring that they are taken care of in the event of your untimely death. - read more
Estate planning is a process that involves the management and distribution of an individual's assets and responsibilities in the event of their passing or incapacitation. It is an essential part of financial planning that ensures your assets are managed according to your desires and your loved ones are taken care of. - read more
Defining life insurance and its importance: Life insurance is a pivotal financial product designed to protect your loved ones from economic hardship in case of your untimely death. It acts as a safety net, ensuring that your family can maintain their standard of living, cover outstanding debts, and afford future expenses like education and retirement. - read more
Life insurance serves as a crucial safety net, guarding your loved ones against the unforeseen. Just as you would take care of your health through regular check-ups, it is equally important to ensure that your life insurance policy remains in sound condition to provide the necessary protection. - read more
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
Knowledgebase
Liability Insurance: A type of insurance that provides protection against claims resulting from injuries and damage to people and/or property.
No comments yet. Be the first to share your thoughts.