Legal Issues

Heritage Care found not guilty over deadly COVID-19 outbreak in 2020

A jury has found Victorian aged care provider Heritage Care did not breach the state’s Occupational Health and Safety laws by not properly training staff to use personal protective equipment (PPE) before a deadly COVID-19 outbreak.

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Caroline Egan

17 Sep 2025

Legal Issues

Lifestyle Communities takes DMF fight to Court of Appeal

Lifestyle Communities has formally lodged its appeal against a July ruling that found its Deferred Management Fee (DMF) structure breached Victorian residential tenancy laws.

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Ian Horswill

08 Sep 2025

Legal Issues

NSW retirement village operators now required to file annual capital maintenance report

The NSW Government has finalised and published the Retirement Villages Regulation 2025 (NSW), bringing in a number of key changes for operators.

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Ian Horswill

02 Sep 2025

Legal Issues

Heritage Care trial begins over “catastrophic” aged care COVID-19 outbreak

WorkSafe Victoria alleges Heritage Care, now Aeralife Aged Care, the operator of Epping Gardens breached section 26 of the Occupational Health and Safety Act between 13 March and 20 July by failing to ensure the workplace was safe and without risks to health.

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Caroline Egan

28 Aug 2025

Government Policy

RLC’s Daniel Gannon tells Economic Reform Roundtable: retirement system stuck in the past

Retirement Living Council Executive Director Daniel Gannon has told the Federal Economic Reform Roundtable that Australia’s retirement system is failing to keep pace with demographic and economic realities.

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Ian Horswill

19 Aug 2025

Legal Issues

Broadlands appeals NSW South Coast land lease rejection

NSW land lease operator Broadlands will appeal to the Land and Environment Court after Eurobodalla Shire Council rejected its development application (DA) in May. Consultants Urbis told a public meeting that a revised plan is now on exhibition as part of the process. The meeting formed part of a social impact assessment by Urbis, which may be used in the appeal. The proposal was first presented to council officers in February 2023, with the DA lodged in March 2024.

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Ian Horswill

15 Aug 2025

Legal Issues

Home care operator Annecto placed in liquidation, may have traded while insolvent

At a second Creditors Meeting held on Monday this week (11 August 2025), disability and home care support services provider Annecto was officially placed into liquidation after 70 years in operation.

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Caroline Egan

13 Aug 2025

Legal Issues

WA’s amended Retirement Villages Act signals major shift in operators’ obligations

Amber Crosthwaite, Partner specialising in Care and Living at WA legal firm Lavan, says the amendments to the Retirement Villages Act 1992 (WA) formally separate capital maintenance from capital replacement – a change that significantly alters operators’ financial and governance responsibilities.

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Ian Horswill

11 Aug 2025

Legal Issues

Echo Law’s class action against Bupa Aged Care like ‘wrestling jelly’

Federal Court Judge Catherine Button adjourned Echo Law’s class action against Bupa Aged Care, giving it three weeks to submit an ‘Amended Statement of Claim’ to clarify their application. Bupa Aged Care sought to have the class action dismissed. comparing the evidence like “wrestling jelly”.

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Caroline Egan

06 Aug 2025

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

30 Jul 2025

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