Court decision on Bupa Aged Care’s bid to knock out class action
Federal Court Justice Michael Lee has dismissed Bupa’s bid for a quick win, ruling the aged care operator cannot challenge last year’s decision allowing the class action to proceed.
In April 2025, Echo Law launched a class action in the Federal Court, alleging that between 1 July 2019 and 25 September 2025, Bupa Aged Care failed to provide staffing levels that would meet minimum acceptable standards in each of its aged care homes.
It alleges the aged care provider:
- breached its contractual obligations to residents; and
- breached consumer guarantees under the Australian Consumer Law (ACL), by failing to provide services that are fit for purpose and delivered with due care and skill.
In June, Bupa sought to have the class action struck out, arguing the case was “incoherent”. But in December 2025, Judge Catherine Button dismissed the provider’s case.
In a judgement dated 23 February 2026, Justice Lee ordered the appeal be dismissed with costs, though he conceded there are “some curiosities” about the case.
Following an Administrative Listing in the Victorian Registry of the Federal Court on 27 February 2026, Bupa now has until 13 March 2026 to file its defence, an additional fortnight.
A case management hearing will be held on 8 May 2026.
