Class action hearings related to business interruption insurance cover during the pandemic have been deferred while the process seeking High Court leave to appeal continues on the industry test case.

Slater & Gordon has filed two class actions in the Federal Court, which had been scheduled for a case management hearing tomorrow before Justice Jayne Jagot.

“The two cases that we have carriage of have been deferred until the special leave applications are determined,” Slater & Gordon Class Actions Practice Group Leader Mathew Chuk told insuranceNEWS.com.au. “We expect this to take about four months.”

The Slater & Gordon cases are CMC Hospitality v Insurance Australia; and Vicki Field Swim School v Hollard.

The Full Court of the Federal Court handed down its decision on the Insurance Council of Australia (ICA) test case in February, but the legal process has yet to be fully concluded.

Special leave applications have been filed to the High Court on three of the disputes that were part of the ICA test case, while The Star Entertainment Group has also sought leave to appeal in its dispute with insurers.

Two other class actions – Cody Gemtec Retail t/as the National Opal Collection v the underwriting members of Syndicate 2003 at Lloyd's, and Strand Fitness & ors v QBE – had also been scheduled for a hearing tomorrow. Gordon Legal says those cases have also been adjourned "until after the determination of the last of the special leave applications".