Case Study

Retirement Villages New South Wales

by Craig Munter
19 November 2015
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Client: Opal Aged Care

Issue: Assisting with compliance with the Retirement Villages Act 

Opal Aged Care (formerly Domain Principal Group) is one of the leading, privately owned, specialist aged care providers in Australia. They need to provide quality resident care and facilities in a compassionate manner whilst complying with all relevant legal obligations and delivering a positive balance sheet.

Our role:

Providing advice in relation to the provision of retirement village accommodation to residents in assisted living complexes in New South Wales governed by the Retirement Villages Act. We also provide general commercial advice to Opal Aged Care from time to time in relation to all of its aged care facilities Australia wide including accommodation provided under the Aged Care Act and the operation of its business generally.

Solution:

We act for Opal Aged Care in relation to the sale and purchase by residents of assisted living apartments in its Retirement Village facilities in NSW. The residents' right of occupation is by way of a leasehold title structure together with an associated Village Contract. This work includes:

  • preparing legal documentation for residents leaving the village including required surrender of lease;
  • preparing legal documentation for residents entering the village including required disclosure statement, village contract and new lease;
  • ensuring compliance with the Retirement Villages Act and Regulations;
  • attending to all necessary registration of documents at the office of Land and Property Information.

We have developed a streamlined approach to these transactions in order to ensure a smooth transition for residents of Opal villages at what can be a very stressful time in their life.