Federal Court Judge Catherine Button has adjourned Echo Law's class action against Bupa Aged Care, giving the class action specialists three weeks to submit an 'Amended Statement of Claim' to clarify their application.
The decision came after Bupa Aged Care sought to have the class action dismissed, with Bupa Aged Care counsel Wendy Harris KC arguing understanding Echo Law's claims was like "wrestling jelly".
Justice Button said Echo Law must submit a revised application by 25 August.
Echo Law launched the proceedings in April 2025, on behalf of residents between 1 July 2019 and 11 April 2025, alleging Bupa Aged Care:
- failed to provide staffing levels that would meet minimum acceptable standards in each of its aged care homes and by doing so has breached its contractual obligations to residents, and
- breached 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 Aged Care owns and operates 57 residential aged care homes.