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Aged care and retirement

The aged care and retirement village industries are characterised by complex political, legislative and operational frameworks which are constantly evolving as the demands of our ageing population expand and develop.
Gadens’ national team of specialised lawyers includes dedicated retirement living and aged care industry lawyers, as well as lawyers with corporate, finance, insurance, planning, property, dispute resolution, indirect taxation and workplace relations expertise.  We deliver strategic and commercial solutions to a wide range of clients including government bodies, owners, operators, developers, financiers and major industry associations.
Our team is also involved in policy advocacy and are active members of various industry associations including the Retirement Villages Association, Property Council of Australia and Urban Development Institute of Australia.

If you are an overseas investor or new entrant click here to access our Guide to Aged Care and Retirement Villages in Australia.
Experience
  • Advising on all aspects of retirement villages legislation in the various states of Australia.
  • Drafting and advising on resident contracts including leases, tenancy agreements, loan deeds and management services agreements, as well as village disclosure documents including developing cross-jurisdictional retirement village contracts for national operators.
  • Developing the first rental retirement village contract established under the Retirement Villages Act 1999 (NSW). 
  • Advising on all aspects of the Aged Care Act 1997 (Cth) as well as the regulatory reforms contemplated by the Productivity Commission Report of June 2011 into the aged care system.
  • Advising all major banks involved in the aged care industry about the implications and issues from lending to aged care providers including the use of accommodation bonds, security and enforcement issues.
  • Drafting standard conditions of offer to aged care industry clients for major Australian banks.
  • Advising clients in respect of both the purchase and sale of aged care facilities and retirement villages, including undertaking due diligence, advising on stamp duty and GST issues and negotiation and preparation of contracts.
  • Advising on contentious matters before the Consumer, Trader and Tenancy Tribunal in NSW, defending providers from the imposition of sanctions and against claims of misleading and deceptive conduct.

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