Arthur leads Faculti’s Retirement Villages and Senior Living contract management practice and is one of Australia’s most senior advisors in aged care and retirement living, with more than three decades of sector experience and a corporate, tax and structuring foundation.

Biography

Arthur acts for retirement village and aged care operators, approved providers, vendors and purchasers in sector M&A, the major banks lending to the industry, charitable and not-for-profit organisations, and statutory and industry bodies. He is a regular adviser to industry peak bodies including the Property Council of Australia, the Law Council of Australia and the Law Society of NSW.

Arthur advises across the full lifecycle of aged care and retirement living operations: structuring, acquisition, disposal, development and ongoing operation of aged care, assisted living and independent living environments. He advises the major banks on development funding products, lending to operators, ingoing contributions, accommodation bonds, security and enforcement. His contentious practice spans litigation and dispute resolution at the High Court, Court of Appeal and Tribunal level, including precedent-setting matters. He also advises on charitable and not-for-profit governance, including transitions from federations to public companies limited by guarantee, taxation relevant to the sector, and international advisory on aged care and retirement village legislation across Singapore, Malaysia and the wider ASEAN region.

Arthur's practice spans more than 30 years of specialisation in aged care and retirement living since 1995, across corporate, tax, litigation and sector advisory work. He has led major development projects including the Mark Moran Vaucluse precinct and Hyegrove Willoughby, acted in the High Court decision in Murphy v Overton Investments and other precedent matters, and advised on some of the largest sector M&A transactions in Australia.

His long-standing relationships with major operators, peak bodies and lenders, combined with a background in tax law, give him a commercial and structural depth that is uncommon in the sector. He is the Director of Diabetes Australia and Past President of Diabetes NSW and ACT, and a Director of Vasey Housing Association NSW.

Credentials

Academic qualifications:

Memberships:

Arthur's experience

Mark Moran Vaucluse precinct

Leading the team advising on the development of the retirement living, aged care and wellness precinct at Mark Moran Vaucluse.

Harbord Diggers Village at Freshwater

Advising the Mt Pritchard Group on the development of Harbord Diggers Village at Freshwater.

Grandton Applecross Perth

Advising on establishment of multi storey high quality strata retirement village in Perth with supported services.

Hyegrove with Heart — Hyecorp seniors living Willoughby

Development of retirement village and supported apartments environment with integrated Support at Home services.

Sector lender advisory

Advising all major lenders to the sector on the implications of, and issues arising from, lending to aged care providers and village operators, including the use of ingoing contributions and accommodation bonds, and security and enforcement issues.

Retirement Villages Act precedent litigation

Acted in High Court decision Murphy v Overton Investments related to retirement villages. Also in other Appeal Court and Tribunal precedent cases on the operation and interpretation of the Retirement Villages Act and on accreditation matters for health providers.

Sector M&A

Acting for vendors and purchasers on acquisitions of large and small portfolios of aged care and retirement village facilities, including due diligence and contract drafting and advisory. Providing advice on appropriate corporate and tax-effective structures for the operation and management of aged care and retirement village facilities in Australia.

Asia region advisory

Advising clients in Singapore and Malaysia on developments in aged care and retirement village legislation, and providing summary reviews of relevant legislation for aged care and retirement village facilities across the ASEAN region.

Awards, recognition and ranking