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 Cyber Risk Belongs in Every Restaurant Insurance Review

26 Aug 2026: Paige Estritori

Fresh attention on cyber incidents across Australian businesses is a timely warning for restaurants, cafés and takeaway operators. Hospitality venues may not always see themselves as data-heavy businesses, but modern food service increasingly depends on connected systems: point-of-sale terminals, booking platforms, delivery apps, QR ordering, loyalty databases, rostering tools and cloud accounting. - read more

Why Fatigue Management Is Again a Truck Insurance Issue

26 Aug 2026: Paige Estritori

Recent heavy vehicle compliance activity has again put fatigue management near the top of the risk agenda for Australian transport operators. While enforcement is usually framed as a road safety issue, it also has a direct insurance dimension. Insurers assessing truck insurance risk increasingly look beyond the vehicle itself and ask how well the business controls driver behaviour, scheduling pressure, maintenance downtime and record-keeping. - read more

Why Fresh Insurance Market Data Matters at Renewal Time

26 Aug 2026: Paige Estritori

APRA’s latest general insurance data has again highlighted a point many Australian tradies are already feeling at renewal time: a healthier insurance sector does not necessarily translate into simple or immediate premium relief for small businesses. While insurers continue to operate with stronger capital buffers and improved underwriting discipline, the costs sitting behind many policies remain under pressure. - read more

What Claims Complaint Trends Mean for Salon Insurance

26 Aug 2026: Paige Estritori

Fresh complaints reporting from the Australian Financial Complaints Authority has put insurance service standards back under the microscope, with claim delays, communication issues and disputed outcomes continuing to feature in the wider financial services complaints landscape. For beauty salon owners, skin clinics, nail technicians and mobile beauticians, the lesson is practical: the moment a loss occurs is not the best time to discover that records are incomplete, policy wording is unclear or a treatment has not been properly disclosed. - read more

What NSW Insurance Levy Reform Could Mean for Trade Businesses

26 Aug 2026: Paige Estritori

New South Wales insurance buyers may be heading for an important change as reform of the Emergency Services Levy continues to attract attention across the insurance sector. The levy has long been added to many insurance premiums in NSW to help fund emergency services, and insurers have argued that this approach makes cover more expensive for households and businesses that choose to insure. - read more

Click for more Insurance News