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

New Crane Cover Highlights the Insurance Gap for High-Risk Trades

24 Jun 2026: Paige Estritori

A new specialist insurance product for Australian crane and rigging operators is a timely reminder that not every business fits neatly into a standard policy box. ARTes Specialty, working with wholesale provider Mobius Insurance, has launched an integrated crane and rigging policy for the local market, adding to its earlier Australian offerings for commercial loggers and contractors’ plant and equipment. - read more

NSW Budget Puts Insurance Levy Pressure Back on the Table

24 Jun 2026: Paige Estritori

The latest NSW Budget has reignited debate over the Emergency Services Levy, with insurance industry concern growing that escalating collection forecasts are strengthening the case for reform. For households and businesses already managing higher premiums, the issue is more than a line item in the state accounts. It goes directly to affordability, underinsurance and whether the cost of funding emergency services is being shared fairly. - read more

NSW Insurance Levy Pressure Adds to Salon Cost Concerns

24 Jun 2026: Paige Estritori

The NSW Budget released on 23 June 2026 has put insurance affordability back in the spotlight, with updated forecasts showing emergency services levy collections are expected to be materially higher than previously projected. For beauty salon owners, skin clinics, nail technicians and mobile beauticians in NSW, the issue is not just a government finance story. - read more

Life Insurance Demand Strengthens as Businesses Reassess Protection Needs

24 Jun 2026: Paige Estritori

New market data reported by Plan For Life points to a notable rebound in parts of Australia’s life insurance sector, with individual lump sum insurance new business rising 6.7% across the 2025 calendar year and individual income protection new business increasing 8.3%. While overall risk new business was lower, that decline was attributed largely to group risk sales returning to more normal levels after earlier periods of heightened activity. - read more

New Report Highlights the Cost of Unplanned Business Succession

24 Jun 2026: Paige Estritori

A new Business Health research report has put a sharp focus on a familiar but often under-managed risk: what happens to a business if its principal suddenly dies or becomes permanently disabled. While the report is centred on Australian financial advice practices, its message applies broadly to SMEs, partnerships and owner-led companies where enterprise value is closely tied to one or two key people. - read more

Click for more Insurance News