Legal Issues

Ex-police officer Kristian White avoids prison for manslaughter of aged care resident Clare Nowland

The Department of Public Prosecutions has lost its appeal against the sentencing of former police officer Kristian White, who was sentenced to a two-year community corrections order and community service after he was found guilty of the manslaughter of 95-year-old aged care resident Clare Nowland.

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Caroline Egan

5 hours ago

Legal Issues

Lifestyle Communities CEO Henry Ruiz: VCAT ruling will have “implications for the sector”

On 20 July, the publication gave Lifestyle Communities CEO Henry Ruiz, who only took on the role in March, permission to write a simialr length article rebutting all of the claims in Lloyd’s article, headlined “Lifestyle Communities’ fees show...

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Ian Horswill

21 Jul 2025

Legal Issues

QCAT delays closure of Seasons Caloundra as residents win right to stay

The Queensland Civil and Administrative Tribunal (QCAT) has granted a stay on the closure of the Seasons Living Caloundra retirement village, allowing four remaining residents to stay in their homes until a legal review is complete. The Queensland...

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Ian Horswill

11 Jul 2025

Legal Issues

Ingenia Communities and ABC’s Adele Ferguson on VCAT’s voiding of Lifestyle Communities’ DMFs

Ingenia Communities Group provides the following update in relation to the Group’s exposure to Deferred Management Fee (DMF) contracts across its portfolio. Ingenia has limited exposure to contracts which include a Deferred Management...

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Ian Horswill

14 Jul 2025

Legal Issues

Lifestyle Communities shares drop 37.22% as it appeals VCAT DMF ruling

The ASX-listed land lease community operator will appeal a Victorian tribunal ruling that struck down its Deferred Management Fee (DMF) clause – and seek a stay on the orders while the process plays out. The VCAT decision, handed down on Monday (7...

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Ian Horswill

09 Jul 2025

Legal Issues

VCAT rules Lifestyle Communities’ DMF model illegal

Lifestyle Communities’ business model is under serious threat after a ruling by VCAT President Justice Ted Woodward found its exit fee structure to be illegal. The ASX-listed land lease operator, which was valued at $861.9 million and placed in...

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Ian Horswill

07 Jul 2025

Legal Issues

Aged care resident Clare Nowland given “no chance” to avoid being Tasered: sentence appealed

The Director of the Office of Public Prosecutions, Sally Dowling SC, appeared before the New South Wales Court of Criminal Appeal last Friday, arguing the sentencing of former police officer Kristian White, who fatally Tasered 95-year-old Clare Nowland, was inadequate.

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Caroline Egan

02 Jul 2025

Legal Issues

Nine years and counting: Federal Golf Club, Canberra, taking legal action after Mbark’s retirement village approval rescinded

The golf club in Red Hill is taking ACT Civil and Administrative Tribunal’s decision to rescind an approved development application for its proposed retirement village by the acclaimed retirement living operator to the ACT Supreme Court in...

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Ian Horswill

16 Jun 2025

Legal Issues

“A mixed bag”: Russell Kennedy and Residents of Retirement Villages Victoria respond to state’s new Act

“Most of the amendments which will impact financial matters, such as deferred fees, exit entitlements, recurrent charges ceasing and maintenance and repair obligations, will be prospective. However, requirements in relation to village operations...

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Ian Horswill

09 Jun 2025

Community Living

DCM Institute hosts first Professional Development Day for ACT Village Managers

In response to a request from the Retirement Living Council’s ACT Committee, the DCM Institute – Australia’s leading professional development program for Village Managers – hosted its inaugural professional development day in Canberra on Thursday, 5 June, providing practical insights and guidance to managers from across the region.

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Ian Horswill

09 Jun 2025

Legal Issues

Village operator Retirees WA responds to ABC report on legal action involving former CEO’s husband

The Western Australian Not For Profit, which operates 19 retirement villages wih 290 units and two aged care facilities with a total of 200 beds, runs a scheme for discounted funerals. The operator issued a statement on Tuesday, 27 May, after the...

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Ian Horswill

02 Jun 2025

Legal Issues

Mandatory Code of Conduct introduced as major reforms to Victoria’s Retirement Villages Act pass

The Victorian Government has passed the most significant reform of the Retirement Villages Act 1986 to date, reshaping the economic and operational foundations of retirement villages across the state. The main details: 1. Standardised contracts and...

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Ian Horswill

30 May 2025

Legal Issues

Cooloola Waters Retirement Village fails to overturn $22K payout ruling to former real estate agent

Cooloola Water Holdings, which runs Cooloola Waters Retirement Village at Tin Can Bay, in Queensland’s Gympie region, has failed in a bid to overturn an order to pay more than $22,000 in commissions to a former real estate agent who helped broker...

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Ian Horswill

19 May 2025