Ric Birkett

Ric Birkett BEc, LLB
Partner
Phone: +61 3 8600 6049
Email:
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Team

Ric is a partner with Aitken Partners and heads the firm’s Aged Care and Retirement Living Team. He has many years experience working in this industry and particularly the Not for Profit sector. Clients include a diverse range of religious and multicultural organisations.

His practice covers a broad base of commercial and property work.

Ric’s experience includes:

  • negotiating and assisting in the drafting of specific legislation required to deal with succession law upon the merging of two Not for Profit organisations – Jewish Care (Victoria) Act 2002
  • advising and assisting retirement villages, aged care facilities and other community services providers regarding compliance with State and Commonwealth government regulations and requirements, the conduct of departmental investigations, complaint handling and appeal processes
  • preparing client agreements compliant with regulatory requirements including the Aged Care Act and Retirement Villages Act
  • advising on multiple mergers and acquisitions of aged care and retirement village operators and businesses including due diligence investigations, negotiations and documenting including 4 significant mergers in the not for profit sector
  • drafting management, contractor, service and supply agreements including for aged care and retirement village operators and service providers and suppliers to the industry, including pharmaceutical services agreements, maintenance agreements, IT provision agreements, cleaning services agreements, project management agreements and various government funding arrangements
  • advising and acting on construction and development of aged care facilities and retirement villages including land acquisitions, leasing, development and construction
  • drafting, updating and advising upon retirement village resident agreements including freehold, leasehold and company share structures
  • advising on co-located services such as:
    • aged care facility/retirement village/retail outlets
    • aged care facility/retirement village/community housing/community hub/disability services/health service/youth services
  • buying and selling businesses. Recent examples include:
    • the sale of a stonefruit, apple and pear marketing
    • two sales of New Zealand based businesses with Australian ownership/control
    • multiple sales involving retail businesses, estate agencies, financial planning businesses, hotels and manufacturing operations

including the required regulatory consents, transfers and permissions for transfer and operation of these businesses and employee transmission of business issues

  • negotiating contracts relating to a client’s government printing relationship and another client’s contract with the Department of Health and Ageing for the provision of software development services
  • advising, negotiating and drafting marketing, packing, grower and plant breeders rights agreements in the agribusiness sector (particularly in horticulture)
  • advising agribusiness and community services clients on applications for and compliance with government industry development grants and water rights issues
  • drafting, updating and advising on residential aged care agreements and providing structuring advice in relation to the establishment of aged care and retirement village operating entities and businesses including not for profit structures
  • providing compliance advice:
    • under the Corporations Act 2001 (Cth), the Associations Incorporation Act 1981 (Vic) and the Corporations (Vic) Act 1990
    • for aged and disability program funding (both State and Commonwealth)
    • for community housing funding

including training and educations sessions for Boards and committees and their members

  • drafting and amending Constitutions for corporations and associations and joint venture agreements
  • drafting and advising on software development agreements, software licensing agreements and service agreements for suppliers and recipients of IT services
  • conducting seminars for lawyers on topics including the business sales and purchases and shareholder agreements
  • advising in relation to banking and related financing arrangements including security documentation (including mortgages, debenture charges, guarantees, chattel mortgages, tripartite agreements)
  • advising in relation to franchise agreements including in the context of business acquisitions.
  • advising on joint venture arrangements for the development of community housing
  • advising on Crown Reserve land conditions and restrictions, stamp duty and land tax obligations and exemptions and the sale by tender of properties
  • advising in relation to requirements for removal of contaminated waste and remedial activities for contaminated land including asbestos contamination and ground contamination
  • negotiating and documenting arrangements for an indigenous community service provider for a multiple use site acquisition including participation by the Indigenous Land Corporation, Office of Housing, a housing association and a school
  • advising on the acquisitions and leasing/licensing of local government owned land
  • preparing and advising/negotiating Section 173 Agreements for/with local Councils
  • advising on transfer of mining licence
  • advising on demolition contracts and risk issues relating to demolition
  • advising on retail leasing particularly assignments in the context of business sales.

Ric is a past President of the Goulburn Valley Law Association, a past member of the Wanganui Park Secondary College Council, past President of the Shepparton Theatre Arts Group, a Board member of the Victorian Club, a member of CLOC Musical Theatre and the Hawthorn Hockey Club.