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With a dedicated Health and Ageing industry group of specialist lawyers, we have worked as a strategic adviser to key players in the health and ageing sector for many years. We understand emerging industry trends, the drivers for government policy and industry regulation, and the day-to-day issues facing organisations operating in the health and ageing industry sectors.
Our international multi-disciplinary industry group involves lawyers with direct health and ageing sector experience. Our genuine understanding of the issues facing organisations operating in this environment enables us to deliver practical, commercial solutions.
Our clients include public and private hospitals, government health departments, health insurers and funders, pathology and radiology providers, retirement village owners and operators, aged care facilities, health professional registration boards, industry bodies, regulatory agencies, pharmaceutical companies and research organisations.
We advise on the full spectrum of legal needs including health legislation and regulation; health law and advisory; mergers and acquisitions; medical research and intellectual property; human resources and industrial disputes; health infrastructure; competition policy; medical malpractice; coronial inquests; risk management; commercial litigation; health policy and reforms; ehealth; privacy and health information.
Information is critical to the conduct of health and medical research. Higher education institutions regularly collect, use, disclose and hold information, including health information, for research purposes. The richness and availability of information sources for research purposes, together with the ease with which data can cross jurisdictions, and the ability to mine and analyse it, all require researchers and human research ethics committees to engage directly with a complex range of multi-jurisdictional privacy obligations.
Increased deal activity is likely in Australia's health and aged care sector in 2016, driven by investment interest from China, Australian players targeting outbound opportunities through joint ventures and partnerships and consolidation in the aged and home care services areas.
China's State Council has issued plans for three new Pilot Free Trade Zones in Guangdong, Tianjin and Fujian, and the expansion of its Shanghai Pilot Free Trade Zone. It also updated its foreign investment negative list and announced trial procedures for national security review of foreign investment in all free trade zones. The expansion of China’s free trade zone program is set to advance the country’s financial reform journey and improve its ability to compete with more established rivals in the Asia-Pacific region.
Following a spate of decisions in 2014 on patent licences the Federal Court of Australia announced two further decisions which provide additional guidance to parties to a patent licence. Both of these decisions are a reminder that in addition to contract law, the parties to a licence of Australian patents should consider the relevant provisions of the Patents Act 1990.
At the CPR International Conference, distinguished panellists debated issues for the implementation of competition principles in human services – health, education and welfare delivery. They raised concerns around the application of competition principles to human service delivery.
In addition to the 191 Minter Ellison lawyers named in 2014 Best Lawyers Australia list, 23 of our partners have been singled out for an additional accolade – awarded the title of "Lawyer of the Year".
The Full Federal Court handed down its appeal decision in MBI Properties Pty Limited v Commissioner of Taxation [2013] FCAFC 112 on 18 October 2013, regarding the GST consequences arising from the sale of leased residential property as a going concern.
A recent decision of the Supreme Court of Western Australia reinforces the need for parties to clearly state what they mean when seeking to exclude liability for 'consequential loss'.
Important amendments have been made to the Retirement Villages Act 1986 (VIC) introducing stringent disclosure requirements on owners and operators of retirement villages in Victoria. The amendments enable prospective residents to better compare retirement villages before signing a contract.
The Retirement Villages Act 2012 (ACT) commenced on 4 March 2013, and while there was some question as to whether they would be ready on time, the Retirement Villages Regulations 2013 became available on the same day and are now also in effect.
The Act replaces the Fair Trading (Retirement Village Industry) Code of Practice 1999 and sets out the rights and obligations of residents and operators of retirement villages. It will apply to all prospective and current retirement village residents and operators in the ACT, but does not apply to 'aged care facilities' which are regulated by the Commonwealth Aged Care Act 1997.
On 28 December 2012, the PRC National People’s Congress passed Amendments to the PRC Labour Contract Law (the Amendments) in relation to the labour dispatch arrangement. The Amendments will come into force on 1 July 2013.
On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.
What's on the cards for key industry sectors for the coming year? Read what we think:
With a view to improve the protection of workers' rights and interests and better regulate the labour dispatch regime, on 6 July 2012, the Standing Committee of the National People's Congress of China released the Draft Amendments to PRC Labour Contract Law. This Alert outlines the five primary modifications to the labour dispatch regime contained in the draft amendments.
Earlier this month, GlaxoSmithKline entered an agreement to settle healthcare fraud claims brought against it in the U.S. for US$3 billion dollars. The settlement was approved by a U.S. District Court on 5 July 2012 and is reported to be the largest health care fraud settlement in U.S. history. One aspect of the complex case involved off-label advertising. Recent developments, in both the U.S. and Australia, demonstrate a move to requiring greater transparency in dealings between pharmaceutical companies and healthcare providers.
Operators of retirement villages in Victoria should be aware that the Australian Consumer Law and Fair Trading Act 2012 (Vic) (ACLFTA) commenced on 1 July 2012. The ACLFTA repeals the Fair Trading Act 1999 (Vic) and re-enacts its provisions in a restructured and consolidated form. There are also some new provisions, such as increased capacity for disputes involving small businesses to be referred for conciliation or mediation by the Director of Consumer Affairs Victoria.
The PRC's Interpretation of the Supreme People's Court on Application of Laws in the Trial of Cases Involving Sale and Purchase Contracts will take effect from 1 July 2012. Widely regarded as a judicial milestone the promulgation of the Interpretation is expected to contribute to the development of jurisprudence and commerce in China.
In May 2011, the Administrative Appeals Tribunal (AAT) decided in Re The Retirement Village Company and FCT [2011] AATA 298, that a retirement village operator could claim a tax deduction for exit payments (which included a 'capital appreciation sharing payment') made under resident contracts (and which had been acquired as part of the acquisition of the retirement village). The Australian Taxation Office (ATO) has now issued a Decision Impact Statement on the AAT decision, which broadly seeks to limit the application of the AAT decision to the particular facts. Given the ATO does not appear to accept that the AAT decision has precedential value, we recommend the ATO seek a test case to provide the retirement village sector with some certainty on these important tax and commercial issues.
The ATO has warned taxpayers that input tax credits for importation GST will be denied if the importation arrangements are not managed in accordance with the statutory requirements. It is likely the ATO will now focus on this area and taxpayers will have no excuse if they fail to comply with the criteria necessary to claim credits.
On 28 April 2012, the China State Council released the Special Provisions on Labour Protection for Female Employees ('the New Provisions'). The New Provisions came into force on that same date, and superseded the Provisions on Labour Protection for Female Employees promulgated on 21 July 1988. The New Provisions provide better protection to female employees and cover prohibited work, maternity leave, maternity insurance and sexual harassment.
On 29 November 2011 the Queensland Government enacted the Civil Proceedings Act 2011 (Qld). Included in the Act are important amendments to the Retirement Villages Act 1999 (Qld) in relation to the calculation of exit fees for Queensland retirement villages. A new section 53A ('How to work out particular exit fee for a residence contract') has been inserted into the Retirement Villages Act 1999 (Qld). This section applies to all residence contracts that require the resident to pay to the scheme operator an exit fee that is calculated having regard to the length of time the resident resides in their unit.
On Tuesday, 29 November 2011, as part of its Mid-Year Economic and Fiscal Outlook 2011-12, the Federal Government announced a package of changes intended to raise A$11.5 billion in new revenue and savings.
The Supreme Court of New South Wales recently held that certain clauses in services deeds between a manager and residents of a retirement village (under which residents gave the manager an exclusive sole agency and right of sale of residents' lot) were void because they were inconsistent with provisions of the Retirement Villages Act 1999 (NSW) (Act). This meant that on a proper construction of the services deeds the manager could not enforce a clause entitling it to a 'management profit' upon sale of the lots.
Once their compound patents have expired many blockbuster drugs remain protected by secondary 'method of treatment' patents. The validity and enforceability of these secondary patents can be less certain in many jurisdictions. In Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No.3) [2011] FCA 346, the Federal Court found that the secondary patent protecting Sanofi-Aventis' blockbuster leflunomide drug was valid and infringed – a surprising outcome, at least initially, based on the facts of the case.
On 3 August 2011, the Queensland Government introduced the Waste Reduction and Recycling Bill 2011. The Bill introduces a waste levy from 1 December 2011 and overhauls waste management requirements.