Last Friday, the NSW Supreme Court's Justice Peter Garling heard from parties involved in Shine Lawyers' class action against Anglicare Sydney over the deaths of residents at Sydney's Newmarch House in the early days of the COVID-19 pandemic.
The purpose of the hearing was for the judge to decide if the settlement agreed to by the parties, is "fair, reasonable and in the interests of group members", according to a spokesperson for Shine Lawyers.
In April and May 2020, 37 residents and 34 members of staff contracted COVID-19, and 19 residents died. The class action involved the families of six residents who died, as well as others who died at the aged care home.
The judge is expected to make his final orders approving the settlement in the next couple of days.
It's expected 22 or 23 applicants will receive a payout. The amount each party will receive remains confidential.
The class action was settled in November last year. At the time, an Anglicare spokesperson said, "Anglicare Sydney repeats its sincere apology, made to the families including during the Coronial Inquest, for the distress experienced by the families of residents who died tragically during the COVID-19 outbreak at Newmarch House in 2020."
In January, NSW Coroner Derek Lee released the findings of the long-running inquest into the deaths. The NSW Coroner found in large part the 19 deaths could not have been prevented after the residents, many of whom had comorbidities and serious health conditions, contracted the virus.
Last month, Echo Law launched a class action against Bupa Aged Care, alleging they have failed to provide adequate staffing in their aged care homes to ensure residents receive acceptable standards of care.
