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Dispute Resolution - Aged Care & Retirement Living

Hynes Legal’s extensive experience and understanding of the complex legal and regulatory framework that aged care providers operate within ensures that we can provide commercially sound advice and strategic solutions in the event that litigation or dispute resolution is required.

Hynes Legal’s recent experience in litigation and disputes in the aged care and retirement living sector includes:

  • Successfully obtaining judgment and collecting long outstanding debts owing by guarantors to aged care providers for unpaid residents fees and charges, which at times has involved breaches of the Powers of Attorney Act 1998 (Qld), transfers of assets to defeat creditors, unconscionable conduct and undue influence.
  • Advising providers on the suitability of currently appointed guardians to make some or all personal and health care decisions, failures by guardians to comply with the Guardianship and Administration Act 2000 (Qld), neglect of duties, removal of incompetent guardians and appointment of alternative/s.
  • Appearing in QCAT on behalf of aged care providers in relation to various complex and contested guardianship issues under the Guardianship and Administration Act 2000 (Qld)
  • Acting for a listed aged care provider in defending a large liquidated debt action brought by a professional services operator and counter-claiming for substantial damages, as a result, serious deficiencies alleged to be present in the work provided to our client by the professional services operator.    
  • Acting for an aged care provider in opposing an Appeal brought by a submitter in the Planning & Environment Court in opposing a development approval obtained for a large residential aged care facility. 
  • Advising not for profit providers in relation to defamatory and injurious material published in relation to providers.
  • Successfully opposed an application in the Federal Court of Australia by a large newspaper publisher for the release of confidential patient records.
  • Acting for aged care and disability service providers in various contentious hearings before the Queensland Civil and Administrative Tribunal.
  • Acting for retirement village operators in various matters disputed before the Queensland Civil and Administrative Tribunal.