BBW Lawyers is one of the leading advisors in the aged care, disability and retirement villages sectors. For over a decade our team has acted for some of Australia’s largest providers of aged care, disability services and retirement villages.
BBW Lawyers assists both not-for-profit and for-profit organisations understanding the unique needs of those organisations in these complex, highly-regulated and competitive environments.
BBW Lawyers provides compliance, regulatory and strategic and compliance advice, prepares and negotiates all forms of contracts and documentation and undertakes dispute resolution and litigation. Our team regularly delivers education and seminars to clients in relation to all aspects of aged care, disability and retirement villages.
BBW Lawyers can assist with:
- aged care and retirement village legislative compliance, including external and independent compliance investigations and reporting
- aged care and retirement village dispute resolution and litigation
- advising, and appearing without counsel at conciliations and hearings, in relation to various retirement village disputes between residents and operators involving budgets, contracts, and village services and facilities
- advising on the acquisition and disposal of aged care and retirement village sites and facilities, including undertaking due diligence
- drafting, reviewing and advising on aged care facility and retirement village documentation
- drafting and negotiating retirement village contract rollovers for ingoing and outgoing residents in all States and Territories
- providing strategic advice in relation to the development, construction, operation, and deregistration of aged care facilities and retirement villages
- advising and providing education to industry associations in relation to aged care and retirement villages.
Highlights
- Successful $30 million dissolution of 20+ year joint venture between two aged care providers and retirement village operators. Settlement issues involved property (five separate lots of land – some jointly owned, some leased to joint venture, and some owned by one joint venture), intellectual property, employment, contractual, transfer and division of business and assets, tax, insurance, and Aged Care Act and Retirement Villages Act issues.
- Preparation of a suite of eight multi-million dollar supply agreements, including the preparation of tender documents, advice on tender process and review of multiple tender offerings, selection of suppliers, and formal implementation of supply agreements.
- Successful defence of a claim made by multiple villages’ residents against a large retirement village operator for attempted non-payment of recurrent charges, withdrawal of budget surplus funds, and non-payment of head office administration costs.
- Successful defence of a serious complaint made through the Aged Care Quality and Safety Commission against an approved provider.
- Advising and acting for a national aged care provider in relation to a complaint made to the Aged Crime Prevention Officer regarding the care and treatment of a resident.
- Successfully advising and acting for a national aged care provider in relation to a formal complaint raised with the National Disability Insurance Scheme Quality and Safeguards Commission.
- Undertaking a number of Independent Aged Care Compliance Investigations on behalf of various national aged care providers.