O'Loughlins Lawyers is the pre-eminent Health, Aged Care and Retirement Living practice in South Australia and in the top 5 in Australia.

Peter Myhill, Alf Macolino and Rebecca Barr have been honoured by their fellow lawyers who practice in this area by being named in Best Lawyers in Australia in 2012-2016 for Retirement Villages and Seniors Living Law. Rebecca received the further accolade of being named South Australian Retirement Villages and Seniors Living Lawyer of the Year for 2013. Alf received that accolade in 2015.

Acting for the overwhelming majority of retirement living operators and aged care operators in South Australia and many interstate operators they have expertise in:

  • retirement village, residential care and home care, supported residential facility agreements and operational advice
  • retirement village and residential care development including construction advice and agreements
  • sales and acquisitions of retirement villages, supported residential facilities and aged care operations
  • affordable housing in retirement villages
  • advice on sanctions and resident disputes
  • industrial relations advice and risk management
  • non-retirement village retirement living developments and agreements
  • residential park developments
  • advice to private hospitals on property construction, and general contract and supply arrangements
  • advice to the sectors on privacy and confidentiality

We are also involved with the industry being represented on the Retirement Living Committees of the UDIA, Property Council and Aged and Community Services and Residential Care Committee of Aged and Community Services, as well as presenting at and attending industry conferences and seminars.

Recent experience of the members of O'Loughlins' Health, Aged Care and Retirement Living team includes:

  • sale and purchase of several residential aged care facilities and home care packages in metropolitan Adelaide and in Darwin
  • drafting of a suite of retirement village agreements for villages in metropolitan Adelaide and regional areas for the majority of operators in South Australia
  • purchase of a retirement village thorough trust interest acquisition
  • development of off-the-plan documentation for retirement village units and apartments
  • governance advice in relation to potential Aged Care Act sanctions and loss of provider authorisation and strategy for recovery
  • development of contract for delivery of consumer-directed home care by various providers
  • strategic advice to providers and preparation of a suite of documents (used by approximately 60 operators) in relation to implementation of Living Longer Living Better reforms in the aged care sector
  • sale of a portfolio of aged care facilities in South Australia and the Northern Territory from a not-for-profit operator to a profit operator
  • sale of retirement villages at Victor Harbor, Para Vista and Bellevue Heights from a profit operator to a not-for-profit operator
  • application to Department of Human Services for review of care subsidy reductions imposed on an aged care facility following introduction of Living Longer Living Better aged care reforms
  • due diligence on the purchase of a Victorian retirement village and the purchase of three separate Victorian retirement villages
  • sale of various aged care facilities in Burton, Stirling, Elizabeth, Marleston and Reynella
  • purchase of an aged care facility in Woodville
  • sale of a supported residential facility in Morphettville
  • negotiation of sewer infrastructure contracts for a village in the Northern Territory
  • advice on winding up a complex trust structure for a southern suburbs retirement village
  • acting in several tribunal matters on the interpretation of early repayment mechanisms under the Retirement Villages Act and other retirement village disputes
  • complex supply agreements for a private hospital
  • management agreement for a hospital and aged care facility
  • training for providers and operators on recent Aged Care Act reforms and the Retirement Villages Act reforms
  • acting in numerous disputes in the South Australian Civil and Administrative Tribunal on issues such as settlement payouts and termination of a resident's tenure