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

ASIC Service Review Keeps Income Protection Basics in Focus

04 Nov 2026: Paige Estritori

ASIC’s 2026-27 life insurance priorities have put a practical issue back in front of income protection customers: the basic administration behind a policy can matter just as much as the headline level of cover. In its latest sector letter to life insurer boards and executives, the regulator says it is continuing a review into service issues in life insurance, with a report expected in the third quarter of 2026-27. - read more

Income Protection Complaints Remain a Key Life Insurance Pressure Point

28 Oct 2026: Paige Estritori

The Australian Financial Complaints Authority’s latest annual review has put income protection insurance back in focus, with the product again attracting the highest number of life insurance complaints in 2025-26. The figures are a useful reminder that the real value of cover is tested not at purchase, but when illness or injury interrupts a person’s capacity to earn. - read more

What Genetic Testing Reform Could Mean for Income Protection

16 Sep 2026: Paige Estritori

Federal moves to restrict the use of genetic test results in life insurance underwriting have important implications for Australians who are thinking about income protection cover. The reform is designed to reduce the fear that taking a medically useful genetic test could later make it harder, more expensive or impossible to obtain personal insurance. - read more

Why Premium Differences Matter When Choosing Income Protection

09 Sep 2026: Paige Estritori

Recent income protection cost commentary has put a practical issue back in front of Australian workers: two policies that appear similar at first glance can carry very different long-term costs. For people relying on their income to meet mortgage repayments, rent, school fees, business expenses or family commitments, the premium is important, but it should not be viewed in isolation. - read more

ASIC Claims Scrutiny Highlights What Income Protection Customers Should Check

02 Sep 2026: Paige Estritori

Recent regulatory attention on life insurance claims handling has again highlighted a practical issue for Australians who rely on income protection insurance: the value of cover is tested most clearly when a person is too unwell or injured to keep earning. While the industry has been working to improve service standards, the latest scrutiny reinforces that delays, unclear requests for information and poor communication can make an already stressful period harder for claimants. - read more

Latest APRA Figures Keep Income Protection Under the Spotlight

26 Aug 2026: Paige Estritori

APRA’s latest life insurance performance data has again highlighted why income protection remains one of the most closely watched parts of the Australian insurance market. While the broader life insurance sector has continued to show signs of improved stability, disability income products remain sensitive to claims trends, pricing assumptions and the length of time people stay off work after illness or injury. - read more

Click for more Insurance News