Our Expertise

Aged Care and Retirement Living

Demand for aged care and retirement living services is increasing as a result of Australia’s aging society and demographic shifts. Russell Kennedy is helping our clients make a difference to the communities they work in by providing market leading legal services.

We have acted for aged care and retirement living operators throughout Australia for more than 30 years. We are active in the communities in which we work by supporting the peak bodies, Leading Age Services Australia (LASA) Victoria (previously ACCV), Aged and Community Services Australia (ACSA) and Property Council of Australia – Retirement Living.  Our support of the industry was acknowledged by LASA Victoria (previously ACCV) when we were awarded the Industry Supporter Award in 2011.

Six lawyers in Russell Kennedy’s aged care and retirement living team have been recognised as among Australia’s best in the 2018 Best Lawyers in Australia list. A number of Russell Kennedy lawyers are Law Institute of Victoria Accredited Specialists across property, environment, local government and planning, administrative and business law.

Russell Kennedy draws on this premium expertise and a genuine understanding of the aged care and retirement living sectors to provide experience and insight for our clients. We partner with clients, taking the time to understand each individual matter, including risks and opportunities.

Aged care

We cover all aspects of legal services for clients in the aged care sector, including:

  • selling and purchasing aged care facilities by way of asset as well as share sales
  • advising on land acquisition, subdivision and planning approvals
  • acting for landlords and tenants regarding leases of aged care facilities
  • preparing and negotiating development and management agreements
  • preparing standard form resident agreements
  • training aged care facility staff to complete resident documentation
  • advising on compliance with the aged care legislation
  • advising on and preparing privacy policies and procedures for handling data and complaints
  • advising on resident complaints and the complaints resolution scheme
  • representing providers in coronial inquests
  • assisting with responses to, and seeking reviews of findings of breach, non-compliance and sanctions
  • training and advising on all aspects of corporate and clinical governance 

Retirement living

We have extensive experience providing practical and actionable advice that leads to real outcomes for our clients. We cover all aspects of legal services for clients in the retirement living sector, including:

  • selling and purchasing retirement living facilities by way of asset as well as share sales
  • advising on land acquisition, subdivision and planning approvals
  • advising on appropriate retirement village development and operational structures
  • preparing and negotiating development agreements, management agreements and marketing agreements
  • preparing resident agreements including agreements to lease, loan agreements, management agreements, licence agreements, all pre-sale resident documentation, and agreements pertaining to the refurbishment of resident units
  • delivering sales process training for retirement living staff
  • assisting with resolving management disputes with residents
  • advising on compliance with various state based retirement village legislations
  • preparing construction and development documentation for infrastructure works and village building for developing villages

Click here to view Russell Kennedy's Retirement Living brochure.

Click here to download Russell Kennedy's summary of the Retirement Living Disclosure Requirements - From 1 July 2014

Our aged care and retirement living team regularly contribute to publications such as Australian Ageing Agenda Magazine, ACSA’s Agendas, LASA’s VoICe, and Aged Care INsite magazine.

International business publication Corporate INTL named Russell Kennedy Lawyers 2014 Aged Care Law Firm of the Year in Australia.

Corporate INTL Awards 2014 Logo                    RLS14 SponsorLogos Major

ACSAACCV SigCorporate Partner Logo 2013