Retirement Village contracts can be riddled with complex issues and financial risks, so it is important you understand what’s in the contract. Whether you’re representing your resident client or an aged care facility, break down the key elements of a retirement living contract. Work through legislative considerations, claims for breaches of consumer law, breaches of residence contracts and compliance, and understand the differences and overlaps between retirement villages and aged care living.
- Capital Gains sharing arrangements and options available
- Departure Fee entitlements and options available
- Operators other profit making options including pre-paid rent and Administration Fees.
- Redevelopment provisions of a Village (what is in the Act and what is in a lot of Resident Contracts)
- Entry to Aged Care (residents’ entitlements)
- Exit entitlement orders
- Increases in the Village Budget
Presented by Guy Vinden, Head of Health Care, Aged Care and Retirement Villages, Atkinson Vinden Lawyers; Recommended Heath & Aged Care Lawyers, Doyle’s Guide 2022
It is against the law to engage in unconscionable conduct, misleading and deceptive conduct or use or rely on an unfair contract term in a consumer or small business standard form contract. Examine the Australian Consumer Law as it relates to retirement village contracts:
- What is unconscionable conduct?
- Misleading and deceptive conduct
- Unfair contract terms
- Penalties and civil action
- Case examples
Presented by Alison Choy Flannigan, Partner & Co-Lead, Health & Community, Hall & Wilcox; Leading Heath & Aged Care Lawyers, Best Lawyers and Doyle’s Guide 2022
Irene Ryan, Barrister, Frederick Jordan Chambers
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presented by Arthur Koumoukelis, Partner, Thomson Geer; Leading Heath & Aged Care Lawyers, Doyle’s Guide 2022, and Irene Ryan, Barrister, Frederick Jordan Chambers
- Overview of the Aged Care Act and reforms
- Interaction of aged care and independent living
- How aged care contracts work within villages
- Rights of aged care agreements v village contracts
Presented by Arthur Koumoukelis, Partner, Thomson Geer; Leading Heath & Aged Care Lawyers, Doyle’s Guide 2022and Nikolas Miljkovic, Partner, Thomson Geer
Presenters
Ms. Irene Ryan, Barrister, Frederick Jordan Chambers
A long-standing member of Frederick Jordan Chambers, Irene brings over 30 years’ experience as a barrister when advising and appearing for clients in common law, personal injury, medical negligence, child welfare and succession, and family provision matters. During the course of her legal career, Irene has been briefed in several significant matters in her fields of practice. As a highly-experienced advocate, she appears primarily in the Supreme Court of New South Wales and District Court of New South Wales. Fluent in the Russian language, Irene is often invited to review and interpret Russian contracts and identify legal problems arising from those contracts. Given her extensive bilingual abilities, Irene is highly proficient in communicating effectively with her Russian clients, which allows her to become more attuned to the issues that arise in disputes, particularly in cross-cultural settings. Her multi-disciplinary skill-set allows her to deliver legal advice that is effective and highly valued by her clients, when representing them in court or at mediations. Irene holds a Bachelor of Laws from the University of New South Wales and a Bachelor of Arts (with Honours) from the Australian National University. With an avid interest in alternative dispute resolution, she was previously an approved Arbitrator of the Supreme Court of New South Wales.
Mr. Guy Vinden, Head of Health Care, Aged Care and Retirement Villages, Atkinson Vinden Lawyers
Guy Vinden, as one of the firm's founding Directors, has over 30 years , experience in private legal practice and is the Senior Consultant with the , firm's Retirement Villages, Aged Care, Commercial and Business Divisions. , Guy and the firm have extensive experience in retail, commercial and , industrial leasing, sale and purchase of all forms of real estate including , rural, due diligence of properties, projects and proposals, financing , arrangements, building contracts and construction loans. Guy and the firm , have an enviable reputation in New South Wales as one of the leading , advisers in Retirement Villages and Aged Care Facilities. Indeed Guy is , currently the co-author of the Thomson Legal loose-leaf legal service , regarding Retirement Villages and was recently voted by his peer group as , one of the best lawyers in Australia in the practice area of Retirement , Villages and Senior Living Law (bestlawyers.com). Guy has provided , extensive advice to many Operators in the Retirement Village and Aged , Care area. Guy has hosted seminars and delivered papers for numerous , organisations in relation to Retirement Villages including the Law Society of , New South Wales, the Retirement Villages Association (both at a State , and Federal level), the Terrapin Conference Group, Legalwise Seminars , and Tonkin Conferencing. Guy believes the firm is large enough to provide , expert advice in most areas of the law particularly the increasingly complex , world of commercial property and yet we are not so large that we cannot , provide a hands on personalised service. Guy in recent years has been , advising many of the Industry's leading Retirement Villages and Aged Care , Facilities. His clients represent all facets of the Industry including , Retirement Village Operators, Nursing Home and Health Care Providers , both in the profit and not for profit areas.
Mr. Arthur Koumoukelis, Partner, Thomson Geer
Arthur Koumoukelis specialises in the aged care and retirement village industry and joined Thomson Geer as a partner in April 2018. He has advised the sector since 1995 and has been consistently awarded Best Lawyer since 2011. He advises on all aspects of operations and development, appeared in all major courts and advised on the most landmark developments including Mark Moran Vaucluse, Watermark at Harbord and developed financial products for La Trobe. He has advised in Malaysia and Singapore in relation to developing facilities in those jurisdictions.
Mr. Nikolas Miljkovic, Partner, Thomson Geer
Nikolas is a Partner specializing in Not-for-Profits, Tax and Aged Care & Senior Living Communities. Nikolas’ knowledge of corporate and taxation principles enables him to provide in-depth advice on all aspects of the development and operation of businesses and companies, particularly in the not-for-profit and aged care & senior living communities industries. His knowledge of corporate governance is also of particular value in relation to the establishment and compliance of charities and not-for-profits with ASIC and ACNC regulations. Additionally, Nikolas has experience in capital raising matters as well as preparing and advising on general commercial agreements and other arrangements; advising on the establishment of projects and corporate structures; and drafting venture documentation including shareholders, unit holders and joint venture agreements, company constitutions and trust deeds.
Ms. Alison Choy Flannigan, Partner & Co-Lead, Health & Community, Hall & Wilcox
With over 25 years of corporate, commercial and regulatory experience, Alison has specialised in advising clients in the health, aged care, retirement living, disability, life sciences and community sectors. Alison co-leads the Health & Community Practice at National Law firm, Hall & Wilcox. Alison has been listed in The Best Lawyers in Australia (and the Australian Financial Review) since 2008 for Health & Aged Care and also Retirement Living and Biotechnology. She has been recognised in the Doyle's Guide to the Australian Legal Profession as a Leading Health and Aged Care Lawyer each and every year since 2017. Alison has been a finalist for the Lawyers Weekly Partner of the Year in Health every year since 2016 and won this prestigious award in 2019, 2020 and 2021. She was a finalist in the Lawyers Weekly, Women in Law Awards, Partner of the Year - Big Law, 2019 and 2021.