Health & Aged Care

Retirement Living & Aged Care


We understand the importance of the health care sector to the current and future economic stability of Western Australia.

As one of the fastest growing sectors with increasingly complex regulatory frameworks, our team understand that every business operates differently and provide advice that suits the size and commercial needs of our clients.

We have a strong WA presence and demonstrated experience servicing the legal needs of hospitals, aged care operators, medical service providers, retirement village operators, developers, financiers, builders and insurers of vital health care facilities.

Whether you are planning for growth and future developments, need complex contract agreements drafted or require dispute resolution services, our dedicated Health and Aged Care team can assist you with accurate and pragmatic advice.

Our core capabilities in Health & Aged Care include:

  • Buying, selling or developing hospitals, aged care facilities, retirement villages and medical centres

  • Resident agreements and lease for life documentation

  • Not for profit rates and taxes exemptions

  • Interpretation of the Aged Care Act and the Retirement Villages Act

  • Taxation advice

  • Risk management and asset protection

  • Workplace relations

  • Safety

  • Treatment and care liability – including coronial investigations and inquest

  • Intellectual property management and protection

  • Corporate structure design, advice and restructure 

  • Corporate governance advice

  • Dispute resolution, litigation services.

Contract Drafting

  • We acted for the State in the negotiation and preparation of a $200 million contract, which included a number of service agreements, corresponding commercial leases and other key documents for the provision of radiation oncology services in Western Australia.

Corporate Advisory

  • We acted for the owners of a large dental practice in the Perth metropolitan area in the sale of that practice to Dental Partners Pty Ltd, a wholly owned Australian subsidiary of Abano Healthcare Group Limited, a NZ company listed on the NZ Stock Exchange.  We provided advice and assistance throughout the sale process to the sellers.

Dispute Resolution

  • We acted for a Government Department client who had entered into a contract with a construction company for works in a remote Aboriginal community to resolve a number of disputes and issues regarding delay damages and reimbursement of significant accommodation costs by the contractor.

Medical Malpractice / Treatment Liability

  • We represented hospitals, doctors, nursing agencies, home in the hospital care providers, aged care service providers and allied health professionals in respect of various claims.

Local Government

  • We advised and are advising a number of not-for-profit aged care and housing providers in making objections to local governments in respect of rates imposed under the Local Government Act 1995 and applications for review to the State Administrative Tribunal.

PPSA

  • We advised a major not for profit retirement village owner and operator in relation to the application of the new Person Property Securities Act to its lease for life documentation. We applied the new law to the client’s lease for life documentation, the Retirement Villages Act, Regulations and the Code.

Real Estate

  • We advised a major not for profit retirement village owner and operator in relation to the preparation of lease for life documentation for a new project. We met with the client and prepared documentation that complied with the Retirement Villages Act, Regulations and the Code.

Safety

  • We have advised several clients on their occupational safety and health obligations and provided relevant training to directors and managers.

Taxation

  • We advised a new major privately run hospital regarding any structuring options which might have allowed the operating company and its employees to access FBT concessions that were otherwise only available to government run public hospitals to be more competitive.

Workplace Relations

  • We drafted template contracts of employment and provided advice on minimum conditions of employment to several clients in the industry, including a dental practice, an aged care provider and a doctor’s practice.

Simon Moen

Lead Partner

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Bianca McGoldrick

Special Counsel

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Stephen Kemp

Partner

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Elizabeth Tylich

Partner

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Thomas Jacobs

Partner

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  • 1 November 2016

    Are you entitled to a rates exemption?

    The Court of Appeal of the Supreme Court of Western Australia recently delivered a decision relevant to all not-for-profit organisations operating in the aged care/retirement village sector.

    Jackson McDonald successfully represented the Australian Flying Corps and Royal Australian Air Force Association (WA Division) Inc (RAAFA) in the proceedings with the Court of Appeal determining that RAAFA’s Erskine Grove retirement village is non rateable land used exclusively for a charitable purpose (i.e. relief of the aged).

    The decision is relevant to all not-for-profit operators of retirement villages as it confirms that land used to provide aged care accommodation and other services associated with the relief of the aged is exempt from local government rates even if that accommodation and other services are not subsidised.

    Authors: Kelli Blatchford, Lance Hilton-Barber, Matthew Reid

    LINK 36 Bytes

  • 7 June 2016

    Annual Wage Review 2015 - 2016: National minimum wage and award wages up by 2.4% from 1 July

    The Expert Panel of the Fair Work Commission issued the Annual Wage Review 2015 - 2016 decision and statement on 31 May 2016. The wage increases set out in the decision will come into effect from 1 July 2016.

    Authors: Renae Harding, Stephen Kemp

    LINK 27 Bytes

  • 4 February 2016

    New financial reporting requirements for retirement villages

    No doubt you have started thinking about the preparation of budgets for the next financial year.

    We remind you that the new accounting and financial reporting requirements are effective for the financial year commencing 1 July 2016. This article sets out some factors for you to keep in mind.


    Authors: Bianca McGoldrick, Simon Moen

    LINK 42 Bytes

  • 23 November 2015

    Unfair contract term protections for small businesses What is the new law?

    On 12 November 2015 the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 received Royal Assent. This legislation gives effect to the extension of the “unfair contract terms” protections to small businesses.

    Businesses will need to review standard form ‘business to small-business’ contracts to identify and amend any terms which are at risk of being ‘unfair’ and void under the new law.

    Authors: Luke Paterson, Elizabeth Tylich

    LINK 42 Bytes

  • 21 October 2015

    Changes to the laws governing incorporated associations in Western Australia

    On 11 September 2014 the Associations Incorporations Bill 2014 (WA) (Bill) was introduced into the Western Australian Parliament. The Bill has now been passed by both Houses of Parliament and is awaiting Royal Assent. The Bill repeals and replaces the current Associations Incorporation Act 1987 (WA). All existing incorporated associations will now need to review and update the rules of their association to ensure compliance with these new laws.

    To read more about the changes to the laws governing incorporated associations in Western Australia click here »

    Author: Elizabeth Tylich

    LINK 41 Bytes

  • 30 August 2015

    Changes to Retirement Villages Legislation - the Financial Consequences

    The Retirement Village sector continues to undergo  unprecedented reform and legislative change. A round of legislative changes were implemented in April 2015 and further changes will come into effect on October 2015.

    Authors: Bianca McGoldrick, Simon Moen

    LINK 41 Bytes

  • 15 July 2015

    Aged care provider’s review reveals $4.8 million in employee underpayments

    Aged Care Services Australia Group Pty Ltd (ACSAG) has recently provided the Fair Work Ombudsman (FWO) with an enforceable undertaking to reimburse its workers almost $4.8 million dollars, after their own review revealed widespread underpayments over a 6 year period.

    Authors: Renae Harding, Shannon Walker

    LINK 41 Bytes

  • 8 July 2015

    Tips for amending your retirement village residence contract

    Have you thought about whether all the premises/units/villas in your retirement village are in a “reasonable condition”?

    You may not be aware that every residence contract entered into after 1 October 2015, that relates to residential premises in an existing retirement village, must have a warranty (or will be deemed to have a warranty) from the administering body that the residential premises will be in a “reasonable condition” when the resident takes possession.

    Authors: Bianca McGoldrick, Simon Moen

    LINK 41 Bytes

  • 26 March 2015

    A new era for retirement villages

    On 24 March 2015 the WA Government gazetted the Retirement Villages Amendment Regulations 2015 (New Regulations) and the Fair Trading (Retirement Villages Code) Regulations 2015 (New Code) effective from 1 April 2015.

    Retirement village residence contracts require a significant amount of redrafting to comply with the New Regulations.  The provisions in the New Code affect the management and operations of retirement villages and require changes to current practices.

    Authors: Bianca McGoldrick, Simon Moen

    LINK 39 Bytes

  • 26 March 2015

    A new era for retirement villages

    On 24 March 2015 the WA Government gazetted the Retirement Villages Amendment Regulations 2015 (New Regulations) and the Fair Trading (Retirement Villages Code) Regulations 2015 (New Code), effective 1 April 2015.

    Retirement village residence contracts require a significant amount of redrafting to comply with the New Regulations. The provisions in the New Code affect the management and operations of retirement villages and require changes to current practices.

    Authors: Bianca McGoldrick, Simon Moen

    LINK 39 Bytes

  • 6 October 2014

    Retirement Village Legislation Update

    Stage 2 of the proposed changes to the retirement villages legislation has been delayed.

    The draft amendments to the Retirement Villages Regulations 1992 (Regulations) and the draft Fair Trading (Retirement Villages Code) Regulations 2014 (Revised Code) issued in July 2014 were planned to commence from October 2014.  We have been advised that this has been deferred because the Consumer Protection Division of the Department of Commerce did not have adequate time to address the complex matters that came out of the submissions made on the consultation drafts of the Regulations and the Revised Code.

    Authors: Bianca McGoldrick, Simon Moen

    LINK 39 Bytes

  • 15 August 2014

    Changes to retirement village laws require a major re-write of residence contracts

    The Western Australian government’s enactment of stage 1 of the reforms to the retirement village laws from 1 April 2014 has resulted in retirement village operators having to make a number of changes in managing retirement villages.

    Authors: Bianca McGoldrick, Simon Moen

    LINK 41 Bytes

  • 1 April 2014

    Cancellation of a Retirement Village Memorial (Section 15)

    On 13 March 2014, the Western Australia Supreme Court delivered its decision of Swancare Group Inc v Commissioner for Consumer Protection [2014] WASC 80.
     
    The case focused on s 15 of the Retirement Villages Act 1992 (RV Act) and also considered whether a memorial may be corrected pursuant to s 188(3) of the Transfer of Land Act 1893 (WA) (TL Act).
     
    To read more please click here

    Authors: Bianca McGoldrick, Simon Moen

    Download PDF 43 Bytes

  • 27 March 2014

    Retirement Villages - Your standard documentation will need changes

    The first tranche of changes to the retirement villages legislation start on 1 April 2014.
     
    The Retirement Villages Act 1992 (Act) and Retirement Villages Regulations 1992 (Regulations) are being amended in a number of ways that enhance the rights of residents. 
     
    In this article Jackson McDonald lawyers highlights some key points that need to be addressed in new residence contracts.

    To read more, please click here.

    Authors: Bianca McGoldrick, Simon Moen

    LINK 67 Bytes

  • 16 December 2013

    Retirement Villages in 2014: The year of the residence contract

    The wave of legislative reform confronting the sector will make 2014 the “year of the residence contract”. A review of contracts between retirement village operators and residents (Residence Contract) will be practically inevitable.

    Authors: Bianca McGoldrick, Simon Moen

    Download PDF 520 Bytes

  • 27 June 2013

    Termination of Retirement Village Schemes (s.22)

    On 31 May 2013, the Western Australia Supreme Court handed down its decision in Retirement Care Australia (Hollywood) Pty Ltd v Commissioner for Consumer Protection [2013] WASC 219.

    Although primarily focussed on section 22 of the Retirement Villages Act 1992 (Act), the judgment includes observations as to the underlying purposes and public policy considerations relevant to interpreting the Act. The Court’s observations are relevant to all persons dealing with retirement villages.

    Authors: Simon Moen, Matthew Reid

    Download PDF 409 Bytes

  • 16 September 2012

    Door opens for community housing and aged-care providers to object to Local Government rates

    Following a decision by the State Administrative Tribunal delivered on 12 September 2012, community housing and aged-care providers,who have had rates objections rejected by Local Governments, may now be able to lodge those objections.

    Authors:

    Download PDF 280 Bytes

  • 30 August 2012

    Local governments and WA’s ageing population

    It is broadly recognised that the current supply of aged care services in Australia is inadequate to cater for the increasing and changing demands that will be placed on local government in future years. This publication discusses the Living Longer Living Better report released by the Federal Government earlier this year. The report flags major reforms for the aged care sector as well as increased regulation for the operators of aged care facilities.

    Author: Simon Moen

    Download PDF 446 Bytes

  • 25 May 2012

    Jackson McDonald 5th time Perth Law Firm of the Year

    Jackson McDonald consolidated its position as the leading West Australian law firm when named Perth Law Firm of the Year at the 2012 ALB Australasian Law Awards in Sydney on 24 May 2012.

    It is the fifth year out of six that Jackson McDonald has won this prestigious award.

    Authors:

    Download PDF 304 Bytes

  • 25 January 2012

    The Personal Property Securities Act 2009 (Cth)

    The Personal Property Securities Act 2009 (Cth) (“Act”) creates a single national law governing security interests and similar transactions with respect to many different
    kinds of tangible and intangible property, other than real property. The scheme under the Act commenced on 30 January 2012.

    Author: Will Moncrieff

    Download PDF 467 Bytes

  • 10 January 2011

    Doing Business in Asia Pacific

    Jackson McDonald is a proud member of Globalaw and has assisted in the development of this guide.

    Authors:

    Download PDF 4 Bytes