Legal support for acquisitions, divestments, restructures and portfolio rationalisation involving retirement villages, including due diligence and transaction implementation.
Our services for the Seniors Living & Retirement Village sector
Support for operators responding to resident complaints, disputes and regulatory inquiries, including advice on statutory processes, risk management and regulator engagement.
Drafting, reviewing and advising on residence contracts, disclosure documentation, community arrangements, capital maintenance and replacement requirements and related documentation to ensure compliance with legislative requirements and alignment with operational realities.
Representation in disputes arising from regulatory action, resident complaints, contractual issues and claims, including mediation, State Administrative Tribunal (SAT) proceedings and litigation where required.
Advice to boards and executives on governance frameworks, budgeting and financial management obligations, capital maintenance and replacement and reserve funds.
Advice on acquisition, development, redevelopment and disposal of retirement village assets, including interface with planning approvals, construction issues and operational villages.
Advice on village modifications such as redevelopment, staged development, variation of services or amenities, consultation obligations, disclosure and risk management associated with change.
Advice on resident exit processes, buybacks, reinstatement and renovation obligations, timeframes for payment of exit entitlements and management of transition issues, including moves to aged care.
Advice on compliance with the Retirement Villages Act 1992 (WA) (as amended), associated regulations and guidance, including governance obligations, disclosure requirements and engagement with The Department of Local Government, Industry Regulation and Safety (LGIRS).
Advice on employment, industrial relations and workplace health and safety issues affecting retirement village operations, including workforce compliance and risk management.
Our Retirement Village & Seniors Living team
Our experienced team delivering specialist advice for retirement villages and seniors living providers.
Our Retirement & Seniors Living experience
Lavan advised the operator on preparing for the next phase of DEMIRS reforms, including modernising its village contracts, updating disclosure materials, reviewing financial models and improving transparency practices. We undertook a full compliance audit of existing documentation, identified legacy issues tied to residence contracts, and developed a staged transition plan to align the operator with emerging regulatory expectations. Our team also supported the operator in engaging with residents, resolving concerns linked to fee structures and service levels, and implementing governance improvements. This work positioned the operator to confidently navigate upcoming reforms while maintaining strong resident relationships.
Lavan advised a retirement village operator on the implications of the Retirement Villages Amendment Act 2024 (WA) and the forthcoming regulations, with a particular focus on legacy issues arising out of reform relating to capital maintenance, capital replacement and reserve fund management. Our work included reviewing the operator’s existing operating and capital works budgets and practices, identifying gaps between existing financial practices and the new statutory regime, and making recommendations as to a transition strategy to achieve compliance under the new legislation.
Lavan supported a developer establishing a new WA land lease/lifestyle community, providing end‑to‑end advice on structuring, compliance and operational frameworks. Support included guidance on planning issues, future divestment of communal amenities, shared‑use arrangements for facilities, and long‑term operational and financial considerations such as GST treatment, sinking fund flows and management entity structuring.
Here when you need us
Lavan is based in Perth, Western Australia, with an inherent market knowledge and trusted relationships within our community.
We value collaborative relationships and are approachable and available when you need us.