Donald Mitchell

Four proceedings over COVID-19 business interruption losses will be stripped of class action status, with a judge saying most of the common issues were already determined in test cases.

Uber has successfully challenged five years of payroll tax totalling more than $81 million, with a judge finding that payments made to drivers should not be taxed as wages as Uber only acts as a “payment collection agent” between rider and driver.

Four insurers have argued that class actions over alleged business interruption losses during the height of the COVID-19 pandemic should be de-classed, with one insurer saying group members cannot “go behind” a Full Court decision denying coverage for certain policyholders.

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

Lloyd’s has scored a win in a COVID-19 business interruption case, with a judge ruling the insurer can rely on a conformity clause in its insurance contract with a Snap Fitness franchisee to deny coverage.