Arthur has specialised in the aged care and retirement village industry since 1995, and joined Thomson Geer as a partner in April 2018.
Arthur holds degrees in both accounting and law. This background in corporate and tax allows him to advise on all aspects of the structuring, acquisition, disposal, development and operation of aged care, assisted living and independent living retirement living environments. He also provides assistance to approved providers and operators of seniors living facilities in relation to any litigious issues, disputes and administrative actions. In addition, Arthur is a key adviser to the major banks lending to the industry. Working with financial institutions, he has helped develop funding products for consumers and operators to fund aged care, assisted living and independent living seniors environments.
Although the focus of Arthur’s practice is on the aged care and retirement living sector, he also has experience across a range of practice areas including charitable, not for profit organisations, corporate, litigation, dispute resolution, taxation and franchising.
The aged care and seniors living sector is dominated by not for profit and charitable organisations. Arthur has developed extensive expertise advising these organisations on the financing, governance, tax implications and corporate issues that play a significant role in this industry. Arthur has experience sitting as a Director on the board of some not for profit organisations.
Arthur is seen as a thought leader in the broader Asian region in the aged care and seniors living sector, and has advised on the development of facilities in Singapore and Malaysia. He regularly provides advice to leading industry bodies such as Aged & Community Services Australia and Leading Age Services Australia. He also is regularly invited to speak at leading industry conferences both in Australia, and throughout the Asian region.
Arthur has been voted by his peers as one of Australia’s Best Lawyers in Retirement Villages and Senior Living Law since 2011, and in 2015 and 2017 was recognised as Lawyer of the Year in Sydney for Retirement and Senior Living Law. He was also voted one of the Best Lawyers for Health & Aged Care in 2017. In the most recent edition of Best Lawyers, Arthur has been voted by his peers in the categories of Health & Aged Care Law (2020), Non-Profit/Charities Law and Retirement Villages and Senior Living Law (2020).
Arthur has recently been recognised by Doyle’s Guide (2018 & 2019) as a “leading” Health & Aged Care lawyer in Australia, and is also recognised as a “recommended” lawyer in the Health & Aged Care space in NSW.
Recent experience includes:
- Led the team advising on the development of the retirement living, aged care and wellness precinct, Mark Moran Vaucluse.
- Advising the Mt Pritchard Group on the development of Harbord Diggers Village at Freshwater.
Corporate and tax
- Acting for vendors and purchasers on the acquisitions of large and small portfolios of aged care and retirement village facilities and portfolios, including undertaking due diligence as well as drafting and advising on contracts.
- Providing advice on the most appropriate corporate structures and tax-effective structures for the operation and management of aged care and retirement village facilities in Australia.
- Advising clients in Singapore and Malaysia on developments in aged care and retirement village legislation and issues.
- Providing summary reviews of relevant legislation for aged care and retirement village facilities in the ASEAN region.
Litigation and Dispute Resolution
- Acting for major operators in significant Tribunal cases affecting the industry in relation to payroll tax and maintenance issues.
- Acting in High Court and Appeal Court precedent cases relating to the operation and interpretation of the Retirement Villages Act and accreditation matters for health providers.
Banking and finance
- Developing the aged care loan product for La Trobe Financial Services including advising on consumer credit implications
- Advising all major lenders in the sector on the implications and issues arising from lending to aged care providers and village operators, use of ingoing contributions and accommodation bonds and security issues and enforcement issues.
- Advising on the transition of unincorporated associations to become registered as public companies limited by guarantee, preserving their income tax, charity and corporate character – Residential Gardens for Spanish Speaking Frail Aged Inc, MTC Work Solutions and Inasmuch Communities Inc.
- Advising a public benevolent institution on its secession from a federation.