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Retirement Village Law in NSW
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Retirement Village Law in NSW

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Overview
Published 26 June 2013 (Thomson Reuters)
ISBN: 9780455231280.
Description

Retirement Village Law in NSW guides practitioners advising those who are resident in, or considering residency in, retirement villages and those moving out of this accommodation, including into higher care. It consolidates the interconnected legislation and illuminates its meaning with court and tribunal decisions which have interpreted the provision in practice.

This book draws together the main sources of law governing the day to day operation of retirement villages. The main pieces of legislation in this area of legal practice are the Retirement Village Act 1999 and Retirement Village Regulations 2009 and their inter-relationship with the Real Property Act, Residential Tenancies Act, Strata Schemes Management Act and the Aged Care Act (Cth).

The body of law is also affected by decisions of the Consumer Trader and Tenancy Tribunal (NSW).  With the passage of time, there is now a substantial body of law based on CTTT’s decisions and related judgments of the NSW District Court, Supreme Court and Court of Appeal, especially on how to conduct Tribunal cases.

About the author

Richard McCullagh has over 25 years’ interest and involvement in the law relating to retirement villages. He acted for village operators from 1985 to 2005, exclusively so from then until 2011, and now acts for residents. Richard has given presentations about this area at Retirement Village Association conferences and seminars, to community groups and at MCLE seminars for lawyers.

TABLE OF CONTENTS

  1. Introduction
  2. Residence rights and entry payments
  3. Land titles and agency laws
  4. Revenue laws and payments by residents
  5. Related residential regimes
  6. Hierarchy of laws and documents
  7. Moving in
  8. Living there
  9. Moving out
  10. Termination and refund
  11. Dispute resolution
  12. “Resident”
  13. “Operator”
  14. “Retirement village”
  15. “Residential premises”
  16. “Village contract”
  17. Recommended reforms
  18. Brief history of regulation
  19. Moving into a residential aged care facility
  20. References
  21. Index

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