Retirement Villages Act 1995

(1) A residence contract may be enforced against the administering authority, from time to time, of the retirement village.

(2) Where a premium is paid under a residence contract providing that it will be repaid in whole or in part on the happening of a contingency and the contingency occurs, the resident or a person claiming on behalf of the resident may recover the amount that is repayable as a debt from the administering authority, from time to time, of the retirement village.

(3) Proceedings will not lie against the owner of land within a retirement village for the enforcement of rights under subsection (1) or (2) unless:

(a) the owner is a party to the residence contract under which the premium is repayable;

(b) the owner is the sole administering authority of the retirement village; or

(c) an administering authority, other than the owner, has failed to satisfy an order of the Court given for the enforcement of those rights.

(4) The right of a resident to repayment of a premium, or part of a premium, is a charge on land within the retirement village other than:

(b) common property as defined in the Unit Titles Act 1975 or Unit Title Schemes Act 2009 in relation to subdivided land that is the retirement village.

(5) The charge referred to in subsection (4) is an overriding statutory charge within the meaning of the Land Title Act 2000.

(b) subject to any conditions to which the Court's approval is subject.

(7) In considering whether to give its approval under subsection (6), the Court shall have regard to the rights and interests of other residents of the retirement village who have charges on the land within the retirement village.

(8) Where the Court approves the enforcement of a charge under subsection (6), the charge may, subject to the conditions of the Court, be enforced in the same way as an overriding statutory charge registered under the Land Title Act 2000.