Bupa's legal counsel pokes holes in compensation case

The law firm seeking compensation from Bupa Aged Care Australia has been told it will need to resubmit its case if it wishes to continue its class action suit.

In April, Echo Law confirmed it would seek compensation on behalf of people who resided at Bupa aged care homes between 1 July 2019 and 11 April 2025, alleging that the provider failed to meet minimum staffing standards.

Using evidence from Bupa’s own reporting, the litigation specialists argued that by a consistent failure to roster an appropriate amount of staff the provider ‘breached the contractual obligations it owed to residents under its Resident Agreements’ and ‘contravened consumer guarantees under the Australian Consumer Law by failing to provide services that are fit for purpose and delivered with due care and skill.’

Bupa sought to strike-out the class action suit in June, labelling Echo Law’s case as “untenable”.

The provider’s legal counsel has argued that as Echo Law alleges the minimum requirement of 215 care minutes per resident per day was not met, all group members would be entitled to compensation, even if their care was “impeccable”.

The matter appeared before the Federal Court on Monday.

Prior to the hearing, Echo Law partner Andrew Paull said that Bupa's “legal argument highlights a disconnect between what residents and families expect from aged care providers.”

“Bupa isn’t arguing its care was good, it’s arguing it never committed to meeting the legal standard at all,” he said.

“Families can’t be told through Bupa’s marketing slogans that they provide ‘quality care for your everyday life’ on the one hand and then have Bupa turn around and say the company isn’t obliged to meet even the bare minimum care standards set by Parliament.”

Judge Justice Button ordered Bupa's strike-out application to be adjourned, allowing Echo Law time to clarify its case and re-plead, after which Bupa will again have the opportunity to lodge a strike-out or summary dismissal application.

In a statement to Aged Care Insite a Bupa spokesperson said “as this matter is currently before the Federal Court, it isn’t appropriate to provide comment at this time.”