In a significant development in the Federal Court, Bupa Aged Care Australia is arguing it never promised to meet the minimum care standards mandated by the Aged Care Act, despite its own marketing materials and resident agreements suggesting otherwise.
The hearing stems from a class action launched by Echo Law in April 2025, representing thousands of aged care residents who allege Bupa failed to deliver promised care between July 2019 and April 2025.
Echo Law is opposing Bupa’s attempt to strike out the class action, which the law firm argues is an effort to dodge accountability for systemic deficiencies in care. The plaintiff firm contends that Bupa’s legal stance contradicts its public commitments, with resident agreements stating care would be provided “in accordance with the Aged Care Act” and marketing materials boasting a “quality care promise” and “quality care for everyday life.”
“Rather than defending the quality of its care, Bupa’s legal team is arguing that it never promised to meet basic aged care standards in the first place,” said Andrew Paull, Echo Law Partner. “This legal argument highlights a disconnect between what residents and families expect from aged care providers, and what those providers may argue they’re required to deliver.”
The class action alleges Bupa breached contractual obligations and Australian Consumer Law by failing to provide services with due care and skill, largely due to persistent understaffing.
Bupa’s own reporting reveals a consistent failure to roster sufficient nurses and care staff to meet minimum legal requirements, a problem that echoes findings from the 2019-2020 Royal Commission into Aged Care Quality and Safety, which exposed “unacceptably high levels of substandard care” in Bupa facilities.
“Bupa isn’t arguing its care was good; it’s arguing it never committed to meeting the legal standard at all,” Paull added. “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.”
The case has drawn personal stories of distress, with class action member Sarah Laing, representing her father William Anderson, describing the care at a Bupa facility as “soul destroying.”
She said, “It is every child’s worst nightmare to see their parent treated so poorly at a vulnerable time in their life. Our family trusted that Bupa would deliver what they promised and are required under law to provide.”
This legal battle follows Bupa’s recent $35 million fine and apology for taking an overly narrow approach to its health insurance contracts, further fuelling criticism of its accountability practices.
“Bupa appears more interested in reading down its contracts to avoid accountability than in delivering the quality care it promises,” Paull said.
Echo Law, a plaintiff firm specialising in class actions, is encouraging affected residents or their families to register interest at www.echolaw.com.au/bupa. The firm, founded in 2022, has a track record of securing over $850 million in resolutions through class actions.
The litigation, backed by funder CASL, seeks compensation for residents and aims to drive improvements in Bupa’s care standards.
No surprise here, it has been apparent for years that some large Aged Care Providers view government contracts as obliging the Government to give them money but allowing the Aged Care Provider to deliver whatever they chose to residents and families, who are powerless. The Aged Care Complaints system is totally ineffective.
I am an aged care nurse and teacher and an older person and CB I am horrified that they could open even one site without signing government agreements to deliver the approved care nurses have fought so hard to deliver to their residents and families. This is tan example of one reason nurses state we need legally binding ratios. BUPA should be totally ashamed. They open a facility they say they’ll follow the law. I fervently hope the litigation team wins.
another good reason to take care out of the hands of profiteers. government as usual reneging on its responsibility to care for the vulnerable in our society. if our children were being this badly treated we would be up in arms.!!!!
Just another example of some aged care providers giving sub-standard care and putting profit above care. Until the regulator takes a stronger stance against sub-standard care, these providers will make up their own rules while happily pocketing government funding. All to the detriment of older people who deserve so much more.
I remember long before Bupa came to Australia, reading in british papers about the terrible service Bupa Customers were getting in UK.