We offer specialised legal support in resolving retirement village disputes and assisting residents, operators and other stakeholders. Our aim is to achieve fair outcomes while considering the unique needs of older Australians and the unique legal and practical challenges that arise in retirement village living.
Overview
Retirement village disputes in Australia are governed by state-specific legislation, such as the Retirement Villages Act 1999 in New South Wales or the Retirement Villages Act 1986 in Victoria. These disputes can arise from various issues, including contract interpretation, fees and charges, maintenance and repairs, and village rules. The retirement village sector has faced increased scrutiny in recent years, with government reviews and legislative reforms aimed at improving consumer protections and dispute resolution processes.
The resolution of retirement village disputes requires a sensitive approach, considering the vulnerabilities of older residents and the long-term nature of retirement village living arrangements. Many states have introduced specialised dispute resolution mechanisms, including mediation services and tribunal jurisdictions, to provide more accessible and appropriate forums for resolving these conflicts.
Our approach
We adopt a compassionate yet pragmatic approach to retirement village disputes. Our first step is to thoroughly review the relevant contracts, village rules, and applicable legislation to understand the legal context of the dispute. We then work closely with our clients to understand their specific concerns and desired outcomes.
Where possible, we prioritise non-adversarial resolution methods, such as negotiation and mediation. These approaches often lead to more satisfactory outcomes and help maintain harmonious relationships within the village community. We are experienced in representing clients in various forums, including resident committee meetings, mediation sessions, and tribunal hearings.
For more complex disputes that require formal adjudication, we provide strong representation in relevant tribunals or courts. Our thorough preparation and deep understanding of retirement village law enable us to present compelling cases on behalf of our clients.
Throughout the process, we maintain clear and patient communication, ensuring our clients fully understand their rights, obligations, and options. We are mindful of the potential stress these disputes can cause for older residents and strive to manage the process in a way that minimises anxiety and disruption.
Representative experience
- Successfully represented a group of residents in a dispute over excessive fee increases, negotiating a fair compromise with the village operator that included improved transparency in financial reporting.
- Advised a retirement village operator on updating their residence contracts to comply with new legislative requirements, minimising the risk of future disputes.
- Assisted a resident in resolving a dispute regarding promised refurbishment works, achieving a satisfactory outcome through mediation without the need for formal tribunal proceedings.
- Represented a retirement village in tribunal proceedings regarding a complex maintenance dispute, securing a favourable decision that clarified responsibilities and set a precedent for future issues.
- Negotiated a fair exit arrangement for a resident leaving a retirement village, ensuring compliance with legislative requirements and protecting the resident’s financial interests.
- Advised a residents’ committee on their rights and processes for addressing concerns about village management, resulting in improved communication channels and resident satisfaction.