Retirement Villages Act 1995

(a) a resident of a retirement village breaches the resident's residence contract or the residence rules of a retirement village; and

(b) any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract and for termination of the residence contract have been complied with by the administering authority of the retirement village,

the authority may apply to the Court for an order terminating the contract and fixing a date by which the resident must vacate the residential premises occupied by the resident.

(2) The Court may, on application by an administering authority under this section, make an order terminating the residence contract, but only if it is satisfied that:

(a) the breach, in the circumstances of the case, is such as to justify termination of the contract;

(b) persistent breaches by the resident are, in the circumstances of the case, such as to justify termination of the contract; or

(c) having considered the circumstances of the case, it is otherwise appropriate to do so.

(3) In addition to any order the Court may make under subsection (2) it may, in proceedings under this section, make an order:

(b) modifying the operation of a rule, either in its application to a resident or to some or all of the residents of a retirement village,

if it is of the opinion that the rule is unconscionable, harsh or oppressive or contravenes any applicable code.

(4) The Court may make an order under subsection (3) whether or not any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate a residence contract or for termination of the residence contract or for the settlement of a dispute have been complied with.

(5) If the Court makes an order terminating a residence contract under this section, the Court shall fix in the order a date by which the resident must vacate the residential premises occupied by the resident.

(6) In addition to any other order it may make under this section, the Court may make an order for the payment or refund of money by an administering authority to a resident or by a resident to an administering authority.