Our Aged Care team provides our large client base with specialist advice on the acquisition, development, construction, financing, operation, management, compliance and disposal of aged care facilities.
Russell Kennedy was named Australia's 2020 ‘Law Firm of the Year’ in the area of Retirement Villages and Senior Living Law by Best Lawyers.
Six of our aged care lawyers are listed in Retirement Villages and Senior Living Law in the 2025 Best Lawyers in Australia, with a Russell Kennedy team member been recognised as Lawyer of the Year in seven out of the past eight years, highlighting the firm’s leadership in this sector.
Principal Anita Courtney was named 2025 'Lawyer of the Year' for Retirement Villages and Senior Living Law in Melbourne. In 2023, Victor Harcourt was also awarded 'Lawyer of the Year' for Retirement Villages and Senior Living Law in Melbourne.
Russell Kennedy maintains longstanding relationships with peak national industry bodies including Aged and Community Care Providers Association and its predecessor organisations (Leading Age Services Australia (LASA) & Aged and Community Services Australia (ACSA)), the Property Council of Australia (including the Retirement Living Council) and the Victorian Healthcare Association (VHA).
Regulatory Compliance and Inquests
We help aged care providers and industry bodies deal with stakeholder groups from regulators to residents.
We advise on legislative compliance, governance, risk management and complaint resolution. We help providers to challenge the decisions of regulators and assist with investigations into workplace incidents. We also represent our clients at coronial inquests and in preparing statements for the coroner.
Royal Commission and Litigation
Our team has specialist expertise in representing parties in Royal Commissions, Coronial Inquests and other public inquiries. We have a comprehensive understanding of how these inquiries operate and how to effectively protect our clients’ interests and reputation.
We’ve acted for clients in major Royal Commissions including the Royal Commission into Aged Care Quality and Safety, the Metropolitan Ambulance Service Royal Commission and the Bushfires Royal Commission.
Privacy
We help our clients to meet their obligations under relevant privacy legislation including drafting privacy policies and procedures for handling data and complaints, providing training on privacy compliance, conducting privacy impact assessments and representing them during investigations of alleged privacy or data breaches. We also assist clients to respond to requests for access to client records.
Residential Aged Care and Home Care Template Documents and Agreements
We provide a comprehensive suite of template documents and agreements to meet the diverse needs of providers across the residential aged care and home care sectors, aimed to protect the interests of aged care providers and their clients while meeting the compliance requirements of the Aged Care Act and other relevant laws.
Standard template documents and agreements for providers can be purchased via RK DocsConnect here. RK DocsConnect Pty Ltd is an associated company of law practice Russell Kennedy Lawyers and offers a user-friendly interface accessible 24/7, provides quick access to purchase template documents, and a streamlined process for providers purchasing template documents and agreements under the subscription service or as one-off purchases.
For residential aged care providers, the offering includes a comprehensive selection of permanent and respite aged care agreement templates as well as a range of template forms, letters, notices, and checklists relevant to the operation of residential and respite-based accommodation. For home care providers, the templates cover service provision, client rights, privacy and more. All of the template documents are developed by leading legal practitioners from our Aged Care team, demonstrating our in-depth expertise and experience in the residential aged care and home care areas. Visit RK DocsConnect today here to explore the collection of template documents available.
We provide agreements that protect the interests of aged care providers and their clients while meeting the compliance requirements of the Aged Care Act and other relevant laws.
Mergers, Acquisitions and Structuring advice
We are experts in providing advice as to the most appropriate legal structures for the acquisition, development and operation of aged care sites, including establishing op co/prop co structures.
We act for aged care owners and operators in the acquisition and divestment of aged care services, including portfolios of aged care and home care services, co-located facilities, allied health services and aged care places. We support our clients with tailored advice regarding pre-sale documentation and corporate restructuring, due diligence, foreign investment approvals, corporate finance and capital raising, advising on the transfer of funding agreements, regulatory approval requirements and employment issues.
Click here to view our aged care M&A experience
Construction and Facilities Management
We advise clients on all aspects of building and construction law for aged care facilities. We help with the preparation and interpretation of construction contracts including tender documentation, minor works contracts, project management agreements, consultant agreements and subcontracts.
We also provide trusted advice regarding facilities and building management, including health and safety obligations, environmental considerations and energy obligations.
Clinical Governance
We provide thorough audits and policy reviews across areas of legislative compliance, corporate and clinical governance and risk management. Our team understands the regulatory, social and commercial sensitivities unique to the aged care sector and provides practical and agile advice.
We’ve developed policies covering privacy and confidentiality, financial risk management, falls management, complaints and records management.
Home Care
We help existing providers and new entrants to navigate the complex regulatory compliance environment and commercial challenges of home care. 2017’s legislative changes drove greater competition in the home care sector, calling for innovation, more efficient service delivery and an increasingly flexible workforce.
We provide template and bespoke home care agreements, audits, and advice regarding workforce structures and obligations.