Bupa Aged Care Class Action

Yes, you can still participate in the proposed class action if you were a resident in a Bupa aged care facility at any time from 1 July 2019 to 11 April 2025.

Yes, you can register on behalf of someone else.

When you register, you will have the option to select whether you are registering for yourself or for someone else, as well as an option to provide the details of another person.

Where the class action reaches the state where individual loss is assessed, we may take steps to ensure you are a duly authorised agent or have power of attorney of the group member you have registered for.

This class action has been brought on behalf of group members who were residents in a Bupa aged care facility at any time from 1 July 2019 to 11 April 2025. Accordingly, if you are a family member of a person that was a resident of a Bupa aged care home at any time in the claim period but that person has since passed away, you can register for this class action.

It is not necessary that you are the executor or administrator of the deceased’s estate to register for this class action. However, when the class action reaches the state where individual loss is assessed, we may take steps to confirm the details of the executor or administrator of the deceased estate for the group member you have registered on behalf of.

If you or your loved one entered a Bupa aged care home before July 2019 but remained in that home after 1 July 2019 then you or they are likely to be an eligible group member in this class action.

If you or your loved one stopped residing in a Bupa aged care home before 1 July 2019, unfortunately you or they are not eligible to participate in this class action. Unfortunately, this class action only covers claims on behalf of persons who have been a resident in a Bupa aged care home from 1 July 2019 to 11 April 2025. This is because of the causes of action brought and the time limits that apply to these claims.

While this class action is only against Bupa Aged Care, we are also actively investigating similar claims for aged care recipients who have experienced substandard care with other aged care providers.

Residents of other aged care providers are invited to register their interest by clicking the ‘Register Now’ button above. You will be able to provide details of your aged care provider and your experience via the registration form.

If you register, we will keep you updated about other similar claims we are investigating.

Despite the damning findings of the Aged Care Royal Commission and subsequent increases in government funding, Bupa has continually failed to improve its staffing levels to an acceptable level or to meet its legal obligations to provide residents in its care with the services to which they are entitled.

Recipients of aged care are consumers with the same legal rights as any other consumer group and should be supported in exercising those rights.

We also consider that this legal action is an important step towards accountability and improving the standard of care delivered in Bupa homes.

There are strong legal protections in place to ensure that residents do not face repercussions for participating in a claim like this one. Under Australian law:

• Each recipient of a residential aged care service has the right to full and effective pursuit of their legal and consumer rights.

• Aged care providers must not act in a way that is inconsistent with the legal and consumer rights of an aged care resident.

• A resident exercising their legal and consumer rights is not a valid reason for treating a resident differently or for asking that resident to leave a residential aged care service.

In addition, as lawyers of the group represented in the class action, Echo Law owes duties to ensure that the proceedings are conducted in the broader interests of group members. This means we have a duty to act in a manner that protects the interests of yourself or your loved ones in how the class action is run. The Court also plays a close supervisory and protective role throughout the legal process.

It is understandable that you may have mixed feelings about being involved in legal action against your aged care home, especially when there are nurses, carers and staff who do their best to provide you or your loved one with compassionate care. However, it is important to recognise that the substandard care you or your loved one is receiving is part of a widespread issue of understaffing in Bupa aged care facilities. We consider that this issue stems from intentional decisions made at a senior management level at Bupa which focus on increasing profits at the expense of residents and staff.

This is a systemic issue at the corporate level and is not the fault of individual staff members who care for you or your loved one.

We have brought this claim to hold Bupa accountable for these systemic failings and to ensure the consumer rights of aged care recipients are recognised.

By participating in the action you can contribute to breaking the cycle of inadequate care and hopefully create a better aged care environment for future generations. Participation in this class action will not diminish the valuable contributions of the dedicated staff who are employed by the facilities, nor is the class action intended to target or punish those staff in any way.  

It is important to remember that you or your loved one, as a recipient of aged care, enjoy the same legal rights as any other consumer group, and you should feel supported and empowered in exercising those rights.

Participating in this class action isn’t about causing a problem, it is about addressing systemic issues that affect the quality of care delivered to all aged care residents. You or your loved one deserve to live in an environment where well-being, dignity and care are prioritised.

Your voice matters, and exercising your rights via a class action is a powerful way to ensure that Bupa is held accountable, that residents’ fundamental rights to quality care are recognised and enforced, and that improvements are made going forward.

Registration is not compulsory, but there is no cost to register and there are a number of reasons why you should consider registering for this class action now:

• First, it allows Echo Law to confirm you are a group member, to provide you with updates in relation to the class action, and to contact you if you become eligible to receive compensation.

• Second, information provided by group members will allow us to advance this proceeding.

• Third, by registering now you can ensure you avoid missing any future deadlines for registration if you are eligible to receive compensation.

When you register, you will be asked a number of questions about your aged care facility and your or your loved one’s experience, including the date you or your loved one entered aged care. Answer these questions as best you can, but don’t worry if you are unsure of any particular details, as your information can be revised at a later date. You can click on the ‘Register Now’ button above to register your details.

If you have copies of any documents evidencing your care at the aged care facility, including agreements or complaints, you can upload these when you register. Alternatively, if it is more convenient, you can email the documents to enquiries@echolaw.com.au. We may contact you to verify your registration and follow up on any outstanding materials.

Group members will not pay out of pocket costs by participating in this class action.

If the class action is unsuccessful, group members will not pay any cost.

If the class action is successful and financial compensation is recovered from Bupa, legal costs payable and any litigation funding charges will be deducted from the amount of compensation recovered for group members. These costs will never exceed the amount of compensation to which you may otherwise become entitled. The costs will also be assessed by the Court to ensure they are fair and reasonable.

Yes, you can contact us on 03 7046 3565 to register over the phone.

Alternatively, you can write to us at Echo Law, Level 2, 533 Little Lonsdale Street, Melbourne VIC 3000.

Please include in your letter:

• Full Name

• Aged Care Provider

• Facility Name

• Contact number

• Details of an alternate contact person (optional)

We may contact you to confirm further details.

Group members can cease to participate in a class action by taking steps to opt out of the class action. This is called the ‘opt out’ process and will occur at a later stage in the proceeding. Group members who have opted out of a class action will not be bound by its outcome. There is nothing you need to do at the moment if you do not wish to participate in this class action. Group members will be contacted at a later date in relation to opt out.

If you do wish to participate in this class action, there is nothing you need to do at this stage other than registering your interest.

This claim has been issued on an open class basis. This means if you are eligible, you will automatically be included as a group member in this class action. We encourage everyone who may be a group member to register now, at your preferred email address, to receive updates in relation to the class action, and so we can contact you if you become eligible to receive compensation.

At a later stage, the Court will make orders that group members be notified of the class action, and be given an opportunity to opt out if they do not wish to participate. The Court may also make orders requiring group members to take an active step to register their claim in order to be eligible to receive any compensation recovered. It is important that group members read this notice carefully when received as the required steps at that stage differ to those currently required, and may impact group members’ rights and entitlements.

You can register by clicking the ‘Register Now’ button at the top of this page.

A class action is a process by which the claims of many people can be heard simultaneously in a single court proceeding. You can read more about class actions on our website here.

The lawyers running this claim are from the law firm Echo Law.

Echo Law is a class actions focused law firm founded by experienced legal professionals who have a proven track record of success in the industry.

You can read more about us, and our track record on our website here.

CASL is providing litigation funding for the class action against Bupa.

CASL is made up of one of the most experienced litigation finance teams in Australia. You can read more about CASL here.

If you have a question that has not been answered, you can email us at enquiries@echolaw.com.au