Julie McStay

Legal Expert

Director and Leader of the Aged Care and Retirement Living Group

Hynes Legal is one of Australia’s leading providers of legal services to the aged care and retirement living sectors.

Hynes Legal is one of Australia’s leading providers of legal services to the aged care and retirement living sectors. Julie McStay is a director and leader of the firm’s aged care and retirement living group, and is one of the industry’s most respected and experienced legal professionals. 

Hynes acts for a range of aged care providers and retirement living operators, providing expert advice on issues affecting the aged care and retirement living sector across Australia. These include:

• Acquisitions, Sale & Developments

• Brand Recognition

• Coronial Investigations & Major Clinical Incident Investigations

• Corporate Governance

• Dispute Resolution

• Internet & Communications Issues

• Privacy

• Regulatory & Prudential Compliance

• Training & Policy Development

• Employment and Workplace Relations

• Workplace Health & Safety

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 Hynes has 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. Hynes also advises 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.

Hynes has 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.

Hynes has developed Simply Legal, which is an online portal for aged care providers and retirement village operators to purchase agreements, policies and procedures and other essential legal documents. Hynes currently provides resident agreements to more than 50 providers across Australia. 

Hynes acts for various retirement village operators in the day-to-day management of their villages as well as conveyances, and also provides advice on regulatory compliance issues to both aged care providers and RV operators. This ranges from acting for aged providers under sanction by the Department of Social Services to advising on issues such as matters of prudential compliance, security of tenure, work place health and safety and work place relations. 

Hynes has developed and implemented training packages for aged care providers, retirement village operators and disability service providers in workplace health and safety, medication management, substitute decision-making, end of life decisions and managing major clinical incidents. 

Recent matters that Hynes Legal has advised on include:

• Advising a listed aged care provider on the acquisition of four aged care facilities in New South Wales and Queensland

• Acting in the $80 million acquisition of shares in a corporate aged care provider group with assets comprising three residential facilities including review and negotiation of contracts, conducting legal due diligence, advising on issues with aged care places and conveyance of shares

• Acting in the acquisition of an existing 88-unit mixed-use rental and ILU retirement village in suburban Brisbane including preparation and negotiation of contracts, conducting legal due diligence, application to transfer retirement village scheme, set up and structuring advice and conveyance of assets

• Acting in the acquisition of two mixed-use aged care and retirement village facilities in Central Queensland including preparation of contracts, conducting legal due diligence, advising on issues with aged care places, applications for retirement village scheme, transfer duty exemption applications and conveyance of assets

• Acting in the acquisition of an existing (but only partially developed) 89 ILU retirement village on the Gold Coast including preparation and negotiation of contracts, conducting legal due diligence, dealing with complex planning and development issues, applications to transfer retirement village scheme, set up and structuring advice and conveyance of assets

• Acting in the $30 million acquisition of an existing 143-unit retirement village comprising mainly rental units with some ILUs in suburban Brisbane including preparation and negotiation of contracts, conducting legal due diligence, application to transfer retirement village scheme, development advice, dealing with complex planning issues, set up and structuring advice and conveyance of assets.

Hynes’ team of experienced lawyers 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, Hynes also works 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.

 

Articles Contributed By Julie McStay

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