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Acquisitions, Sale & Developments

Within the Aged Care & Retirement Living sector, Hynes Legal regularly provides advice to clients on the acquisition and sale of aged care facilities and retirement villages.

Hynes Legal regularly advises listed, private and not-for-profit providers on the acquisition of aged care facilities and retirement villages. In the last 12 months alone we have advised on the acquisition of several standalone facilities and villages, mixed use facilities (aged care and retirement villages on the one site) and the acquisition of multiple facilities in the one transaction. Recent transactions include both asset sales and share sales. We also advise on the set up of new aged care facilities and retirement villages.

Work undertaken includes preparation of contracts, conducting legal due diligence, advising on the transfer of aged care places, applications for new and transferring retirement village schemes, transfer duty exemption applications, corporate governance matters, workplace and employee issues, IP issues and the conveyance of assets or shares.

We have advised various aged care and retirement village operators on innovative and novel mixed use developments. This advice includes preparation of residence contracts, application to register the scheme and development advice.

Our team has the experience and understanding of this complex and heavily regulated industry to ensure timely solutions for all aspects including:

  • Structuring and registration;
  • Staging of the development;
  • Acquisition, disposal or financing of the development;
  • Initial and ongoing disposal of rights to reside (including freehold, leasehold and licence options);
  • Management and operational compliance;
  • Resale of the rights to reside; and
  • Distribution of exit entitlements.

In addition, we also work with clients on agreements and documents that reflect the unique commercial environment in which they operate, including:

  • Disclosure documents;
  • Conveyancing;
  • Residence contracts; and
  • Re-structuring.

 

Key Contact

Julie McStay

Julie McStay

Director

Aged Care & Retirement Living
Not for Profit
Manufactured Home Parks