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Health & Aged Care

Supporting the progression and innovation of one of the world's most vital sectors

Our Health & Aged Care teams assist our clients in future-proofing the delivery of services across the health and aged care spectrum by providing solutions to significant changes and challenges and advising on the industry’s trends and ever-increasing demands.

How we can help


Like all good health professionals, our Health team takes a holistic approach and believes that prevention is better than cure. Our specialist and multi-disciplinary Health team understands the commercial imperatives and structural complexities of the health sector in Australia, as well as the significant government and public scrutiny it faces.

We combine a state-based focus with a national overview and have developed close and long-term working relationships with key players in both the public and private sector. Our team works for a diverse range of clients across the full lifecycle of healthcare projects and operations. We regularly act for government and private hospital clients in malpractice claims, defence of civil claims and personal injury litigation. We provide regulatory and risk management advice for health and disability service providers as an adjunct to our primary services.

Aged Care & Retirement

Finlaysons’ multidisciplinary team of sector and technical specialist lawyers has offered strategic solutions and advice to aged care providers and retirement village operators for well over 40 years. We offer end-to-end advice comprising of approvals, structuring and establishment, to financing and development, approvals accreditation and the management of care, operational issues and compliance for both the for-profit and not-for-profit sectors. This experience extends to both very large and small operators, and to both ‘for profit’ and ‘not for profit’ operators.

Key services

  • Contracting
  • Public/private alliances
  • Mergers, acquisitions and disposals - retirement villages, aged care facilities, hospitals
  • Aged care accreditation
  • Legal compliance
  • Review of insurance arrangements
  • Patient confidentiality and the use of medical records
  • Privacy and Intellectual property protection
  • Experimentation and medical research
  • Medical negligence litigation
  • Consent to medical treatment
  • Decisions to withhold or withdraw treatment
  • Regulatory procedures for therapeutic goods and devices
  • Product liability
  • Biotechnology
  • Intellectual property protection
  • Clinical trials
  • Coroners inquests


    Accepting instructions on behalf of the Department of Health to advise, act for and appear for almost all of the public health institutions in South Australia on a wide variety of matters. This has included general advice, claims handling and appearing as counsel, both in contested civil matters as well as coronial investigations and inquests

    Representation in relation to the ‘Oakden’ Coronial Inquiry

    Acted for Healthe Care Australia Pty Ltd in the acquisition of five private hospital businesses, based interstate. We also acted in the merger of three community hospitals to form Adelaide Community Healthcare Alliance Inc.

    Defended a medical professional in a $4.1m personal injury claim relating to alleged negligence in the performance of hand/wrist surgery

    Defended an allied health professional in 18 actions by former patients who allegedly contracted mycobacterial infections following the administration of biomesotherapy treatment (including coverage issues arising out of alleged breaches of infection control protocols)

    • Provided planning, development approvals, rezoning, site contamination management and other advice in respect of a number of recent construction projects in Adelaide and SA, including:
      • planning advice regarding development of the New Royal Adelaide Hospital.
      • planning advice regarding redevelopment of the Old Royal Adelaide Hospital site.

Our Health & Aged Care Experts

Practice Head
Kathryn Lincoln


Chris Sweet Finlaysons Lawyers
Chris Sweet


Ralph Bonig litigation lawyer
Ralph Bönig

Special Counsel

david rostron lawyer
David Rostron

Special Counsel

fiona holdsworth
Fiona Holdsworth

Special Counsel

Tina Tomaszewski


jeremy schultz commercial lawyer
Jeremy Schultz


david martin
David Martin


Austin Wakeham property and construction lawyer
Austin Wakeham


Jessie Murphy-Allen

Special Counsel

Libby Edwards insurance lawyer
Libby Edwards

Special Counsel

Emily Hunt, Finlaysons Lawyers
Emily Hunt

Senior Associate

Steven Ellis

Senior Associate

Recognition and Awards

  • Kathryn Lincoln – Best Lawyers Australia 2021 & 2020 – Health and Aged Care Law
  • David Martin – Deputy Chair of the Board of Southern Cross Care (SA&NT) Inc (SCC) the largest aged care provider in South Australia, and a member of the SCC Board’s Services and Workforce Subcommittees.
  • David Rostron – Best Lawyers Australia 2021 & 2020 – Professional Malpractice Litigation
  • Jeremy Schultz – Best Lawyers Australia 2021 & 2020 – Health and Aged Care Law
  • Chris Sweet – Best Lawyers Australia 2021 – Medical Negligence