Health, Aged Care and Retirement Living

O'Loughlins Lawyers is the pre-eminent Health, Aged Care and Retirement Living practice in South Australia and in the top 5 in Australia.

Peter Myhill, Alf Macolino and Rebecca Barr have been honoured by their fellow lawyers who practice in this area by being named in Best Lawyers in Australia each year from 2012 for Retirement Villages and Seniors Living Law. Rebecca received the further accolade of being named South Australian Retirement Villages and Seniors Living Lawyer of the Year for 2013. Alf received that accolade in 2015.

H.A.R.L. Team

Rebecca Barr | Partner

Alf Macolino | Consultant

Peter Myhill | Consultant

Michael Spencer | Special Counsel

Melanie Fuss | Senior Associate

Julie-Ann Sparkes | Senior Associate

Helena Errey-White | Solicitor

Probate Clerk

Nikki Harder


Acting for the overwhelming majority of retirement living operators and aged care operators in South Australia and many interstate operators they have expertise in:

  • retirement village, residential care and home care, supported residential facility agreements and operational advice
  • retirement village and residential care development including construction advice and agreements
  • sales and acquisitions of retirement villages, supported residential facilities and aged care operations
  • affordable housing in retirement village settings
  • advice on aged care non-compliance and sanctions
  • advice and support in responding to resident complaints and disputes
  • industrial relations advice and risk management
  • non-retirement village retirement living developments and agreements
  • residential park developments
  • advice to private hospitals on property construction, and general contract and supply arrangements
  • advice to the sectors on privacy and confidentiality

We are also involved with the industry being represented on the Retirement Living Committees of the UDIA, Property Council and Aged and Community Services as well as the Residential Care Committee of Aged and Community Services. We also often present to sector conferences and symposia and are frequent attendees at industry conferences and seminars.


Recent experience of the members of O'Loughlins' Health, Aged Care and Retirement Living team includes:

  • sale and purchase of several residential aged care facilities and home care packages in metropolitan Adelaide and in Darwin
  • drafting of a suite of retirement village agreements for villages in metropolitan Adelaide and regional areas for the majority of operators in South Australia
  • purchase of a retirement village through trust interest acquisition
  • development of off-the-plan documentation for retirement village units and apartments
  • governance advice in relation to potential (and actual) Aged Care Act sanctions and loss of accreditation including strategies for recovery and appeals to the Administrative Appeals Tribunal
  • development of contract for delivery of consumer-directed home care by various providers
  • strategic advice to providers and preparation of a suite of documents (used by approximately 60 operators) in relation to implementation of Living Longer Living Better reforms in the aged care sector
  • sale of a portfolio of aged care facilities in South Australia and the Northern Territory from a not-for-profit operator to a profit operator
  • sale of retirement villages at Victor Harbor, Para Vista and Bellevue Heights from a profit operator to a not-for-profit operator
  • sale of a retirement village at Moonta from a profit operator to a profit operator
  • application to Department of Human Services for review of care subsidy reductions imposed on an aged care facility following introduction of Living Longer Living Better aged care reforms
  • due diligence on the purchase of a Victorian retirement village and the purchase of three separate Victorian retirement villages
  • due diligence on the purchase of a national portfolio of over 20 retirement villages
  • sale of various aged care facilities in Burton, Stirling, Elizabeth, Marleston and Reynella
  • purchase of an aged care facility in Woodville
  • sale of a supported residential facility in Morphettville
  • negotiation of sewer infrastructure contracts for a village in the Northern Territory
  • advice on winding up a complex trust structure for a southern suburbs retirement village
  • acting in several tribunal matters on the interpretation of early repayment mechanisms under the Retirement Villages Act and other retirement village disputes
  • complex supply agreements for a private hospital
  • management agreement for a hospital and aged care facility
  • training for providers and operators on recent Aged Care Act reforms and the Retirement Villages Act reforms
  • acting in numerous disputes in the South Australian Civil and Administrative Tribunal on issues such as settlement payouts and termination of a resident's tenure