Bupa will today argue in the Federal Court that it never promised to provide care that meets the minimum standards required by the Aged Care Act. Echo Law, who in April 2025 launched a class action against Bupa on behalf of thousands of aged care residents, will be arguing against Bupa’s strike-out application.
Bupa’s strike-out attempt seeks to avoid accountability rather than address the deficiencies in care that have impacted a significant number of Bupa residents and their families.
Bupa’s legal argument is also starkly at odds with its own marketing materials and residential care agreements. In its residential care agreements, it states it offers care ‘in accordance with the Aged Care Act’, while its marketing materials claim a ‘quality care promise’ and pledge to ‘provide quality care for everyday life.’
Despite this promise to provide quality care, Bupa is arguing in court that it is not contractually required to provide the minimum acceptable standards of care under the Aged Care Act.
Echo Law argues that since 2019, Bupa has failed to provide the quality of care they had agreed to provide vulnerable aged care residents. These failings are evident on Bupa’s own reporting, which demonstrates a consistent failure to roster sufficient nurses and care staff to meet minimum legal requirements.
“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.
“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.”
“Bupa isn’t arguing its care was good, it’s arguing it never committed to meeting the legal standard at all.”
Bupa’s attempt to strike out the case comes shortly after it has agreed to pay a $35 million fine, and apologised to its customers, for taking an overly narrow approach to its health insurance contracts.
“Bupa appears more interested in reading down its contracts to avoid accountability than in delivering the quality care it promises,” said Andrew Paull, Echo Law Partner.
People who were residents of Bupa aged care homes at any stage between July 2019 and April 2025, and their families, can learn more about the class action and register their interest in being updated as it proceeds at www.echolaw.com.au/bupa.
