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.
In 2026, Australian insurers are grappling with significant challenges, notably premium affordability and cybersecurity threats. Gallagher Bassett's annual industry survey sheds light on these pressing issues, revealing a shift in insurer priorities amid evolving market dynamics. - read more
The Australian commercial insurance sector has witnessed a notable 12% decline in rates during the first quarter of 2026, as reported by Marsh's Global Insurance Market Index. This marks the seventh consecutive quarter of rate reductions, reflecting a sustained trend in the market. - read more
In 2025, the Australian general insurance industry demonstrated resilience by achieving a profit after tax of $5.2 billion, according to KPMG's annual review. This solid performance comes despite a decrease from the $6.2 billion profit recorded in 2024, primarily due to multiple weather events impacting the sector. - read more
Ocean Underwriting has unveiled a new facility designed to support complex or hard-to-place liability risks, particularly targeting higher-hazard occupations with unique exposures. This initiative aims to provide tailored insurance solutions that address the specific needs of businesses operating in challenging sectors. - read more
The financial services industry is currently experiencing a significant uptick in professional indemnity (PI) claims, a trend largely attributed to heightened regulatory scrutiny and enforcement actions by the Australian Securities and Investments Commission (ASIC). This development has substantial implications for financial professionals and their insurers. - read more
The Insurance Council of Australia (ICA) has recently highlighted the pressing need for reforms to civil liability laws, citing outdated legislation, escalating legal costs, and bureaucratic red tape as primary contributors to the rising insurance expenses faced by small businesses across the nation. - read more
In the first quarter of 2026, Australian commercial insurance rates experienced a notable decline of 12%, mirroring the decrease observed in the previous quarter. This trend, highlighted in Marsh's latest Global Insurance Market Index, underscores a period of sustained rate reductions in the Pacific region, predominantly led by Australia. - read more
Starting April 1, 2026, Australians will face an average increase of 4.41% in private health insurance premiums, marking the most significant rise since 2017. This adjustment reflects the escalating costs of medical and hospital services, which have risen by approximately 5% over the past financial year. - read more
On March 18, 2026, the New South Wales (NSW) government gazetted a voluntary Code of Practice for the use of Facial Recognition in Hotels and Clubs. This initiative aims to provide guidance on the appropriate deployment of facial recognition technology (FRT) to identify excluded patrons in venues with gaming machines, while emphasizing data security and privacy protection standards. - read more
The Australian insurance industry is currently facing an unprecedented surge in consumer complaints, primarily due to delays in processing claims. This development underscores significant challenges within the sector, particularly affecting tradespeople and small business owners who depend on timely claim resolutions to maintain their operations. - read more
Farming is inherently risky. With factors like weather, pests, and market fluctuations affecting crops, it's crucial to manage these risks effectively. - read more
In the world of agriculture, having the right insurance coverage is essential. Farming is a high-risk industry that deals with unpredictable elements, and insuring your farm equipment can safeguard your livelihood. - read more
Farming is much more than an occupation; it's a way of life and a heritage that often spans generations. In today's ever-evolving agricultural landscape, embracing modern practices while preserving your farm's future has never been more crucial. Estate planning emerges as a pivotal strategy for safeguarding your agricultural legacy, ensuring that your hard-earned investments and the land you hold dear are passed on according to your wishes. - read more
Risk management is the practice of identifying, assessing, and prioritizing risks followed by coordinated efforts to minimize, monitor, and control the probability or impact of unfortunate events. In farming, risk management involves various strategies to protect the financial health and operational stability of the farm. - read more
Farm liability insurance is a type of coverage that protects farmers from financial losses due to legal claims and lawsuits. This insurance is crucial for safeguarding your farm against various liabilities that may arise from farm operations. - read more
Farming in Australia is not just a job, it's a way of life. However, it’s also a livelihood that comes with its own unique set of risks. From unexpected weather events to machinery breakdowns, the life of an Australian farmer is fraught with uncertainties. - read more
Farming is a vital industry in Australia, requiring significant investment in equipment, crops, livestock, and labour. As with any major investment, protecting it is crucial. That's where farm insurance comes in. - read more
Agroforestry is a transformative approach to land management that integrates trees into agricultural landscapes. In Australia, where farmers contend with variable climates and environmental challenges, agroforestry offers a resilient pathway to productivity and sustainability. - read more
As the backbone of Australian agriculture, farm equipment plays an essential role in day-to-day operations across our expansive and diverse landscapes. From the vast wheat belts to the tropical fruit farms, machinery ensures efficiency and productivity in the face of constant challenges. But with reliance on such equipment comes significant risk—the financial burden of damage or loss can be devastating to a farmer's livelihood. - read more
Welcome to the defining era where technology and agriculture entwine, bringing forth the digital farmer's era. With the evolution of agribusiness in the tech age, comes an array of new tools, opportunities, and risks. As a custodian of the earth and steward of the latest innovations, safeguarding your digital farm is just as crucial as nurturing your crops and livestock. - read more
Need a Quote?
Start your free farm insurance quote comparison here.
Knowledgebase
Subrogation: The process by which an insurance company seeks to recover the amount paid to the policyholder from a third party responsible for the loss.