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:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

NHVR Prohibition Notice Puts Fleet Systems Under the Insurance Microscope
NHVR Prohibition Notice Puts Fleet Systems Under the Insurance Microscope
12 Nov 2026: Paige Estritori
A fresh National Heavy Vehicle Regulator action against a heavy vehicle operator is a timely reminder that insurance risk is not limited to what happens at the moment of a crash. The NHVR announced on 30 October 2026 that it had issued a prohibition notice after identifying significant and ongoing safety risks, including repeated defects in safety-critical systems and concerns about the operator’s management controls. - read more
Diagnosis timing is not the only test for income cover
Diagnosis timing is not the only test for income cover
12 Nov 2026: Paige Estritori
A recent income protection dispute has put fresh attention on a difficult but important issue for Australian workers: a medical condition may be treated as pre-existing even where a formal diagnosis comes later. The case, reported on 9 November 2026, involved a prostate cancer claim that was declined after the Australian Financial Complaints Authority accepted that earlier medical warning signs and specialist investigations were enough to trigger a pre-existing condition exclusion. - read more
Fuel Recovery Order Restarts, Raising Insurance Budget Questions
Fuel Recovery Order Restarts, Raising Insurance Budget Questions
12 Nov 2026: Paige Estritori
The Fair Work Commission’s varied fuel cost recovery order will restart obligations from 23 November 2026, requiring covered road transport contractual chains to account for higher fuel costs against the 6 March 2026 benchmark. For truck operators, the immediate issue is contract pricing, but the insurance angle is also important: cash flow, route choices, subcontracting arrangements and vehicle utilisation all influence how risk is presented and managed. - read more
Court Ruling Highlights Why TPD Wording Matters for Business Owners
Court Ruling Highlights Why TPD Wording Matters for Business Owners
12 Nov 2026: Paige Estritori
A Queensland Court of Appeal decision involving AIA Australia has put renewed attention on how technical policy conditions can affect total and permanent disability claims, and why business owners should not treat insurance wording as a background detail. The case concerned group TPD cover held through superannuation, but its broader message is relevant to SMEs that rely on life, TPD and disability-style cover to protect debt, ownership arrangements and business continuity. - read more
Latest Claims Data Shows Why Policy Structure Still Matters
Latest Claims Data Shows Why Policy Structure Still Matters
12 Nov 2026: Paige Estritori
APRA’s latest life insurance claims and disputes statistics, released on 16 October 2026 and covering the 12 months to 30 June 2026, provide a useful reminder for Australian businesses: the practical value of cover often depends on how clearly it is structured, documented and understood before a claim ever arises. - read more


Life Insurance Articles

How Much Life Insurance Do You Really Need? A Family's Guide to Assessment
How Much Life Insurance Do You Really Need? A Family's Guide to Assessment
Life insurance is one of those cornerstones of financial planning that often gets overlooked. Yet, the importance of life insurance in safeguarding your family's future cannot be overstated. It's a robust financial instrument that provides peace of mind, knowing that your loved ones will be financially secure in the event of your untimely passing. This introductory section lays the groundwork for understanding why life insurance is pivotal in your family's financial health. - read more
Strategies to Use Life Insurance in Funding Shareholder Agreements
Strategies to Use Life Insurance in Funding Shareholder Agreements
Shareholder agreements lay the cornerstone for stable business relationships and continuity in Australia. Acting as a contract among business owners, these agreements set forth the expectations, rights, and obligations of all parties involved. They are particularly vital in delineating clear paths for dispute resolution, succession planning, and the transfer of ownership shares under varied circumstances, including the untimely death or departure of a shareholder. - read more
Understanding Life Insurance: A Family Guide to Protecting Your Future
Understanding Life Insurance: A Family Guide to Protecting Your Future
Life insurance is designed to provide financial support to your loved ones if you pass away. For Australian families, it can help cover debts, everyday living costs, funeral expenses and future needs such as children's education. This guide explains how life insurance works, what affects premiums, how to estimate cover, and what to check before choosing or maintaining a policy. - read more
Understanding Various Life Insurance Types: Which One is Right for You?
Understanding Various Life Insurance Types: Which One is Right for You?
Financial security is one of the most important aspects of modern family life. Ensuring that loved ones are protected and well-supported in the event of an untimely death is a fundamental concern for many Australians. - read more
Single or Married: How Life Insurance Needs Vary Across Different Life Stages
Single or Married: How Life Insurance Needs Vary Across Different Life Stages
Life insurance is a financial product that provides a lump sum payment to your beneficiaries in the event of your death. It is designed to offer financial security by covering debts, daily living expenses, and future financial obligations. - read more

Knowledgebase
Trauma Insurance:
An insurance that pays a lump-sum amount on the diagnosis of one of several critical illnesses or events