The Retirement Village Residents Association (Inc)
ABN 16 674 035 894










The RVRA has established a

"The RVRA Legal Support Fund"

Financial donations will be gratefully received.

You will see from the story below (bottom of page) that residents in NSW are being put in the position of having their recourse to an inexpensive legal jurisdiction, the CTTT, to settle disputes with their operators, undermined. An operator who has large financial resources, is taking them to court to appeal the decision which was in favour of the residents.

While we do not dispute that the operator has this right, to then threaten to claim all costs back from the residents, not only for the court case, but also for their costs involved in the CTTT case which was won by the residents, we feel shows a lack of any understanding of the people for whom they are supposed to be providing a caring, safe environment. The residents in this particular case are almost all pensioners who do not have recourse to funds to mount a legal defence.

There will no doubt be similar cases due to the increase in CTTT hearings this year and residents exercising their rights to have these decisions handed down about disputes.

The RVRA would like to have some funds available to assist residents in this type of situation. We already provide support and expertise from members who have had CTTT experience but in the past have not provided any financial assistance.

A suggestion has been made by some members that we begin a "The RVRA Legal Support Fund". This Fund would be solely made up from donations from residents who feel strongly that they are willing to help maintain resident's rights.

If you, or a group in your village would be willing to make a donation to this fund we ask that you fill in the form below and mail it to the RVRA Treasurer, John Wheeler at PO Box 3176, North Turramurra 2074.

Direct debit facility will be available shortly.

A receipt will be issued for all donations if requested.



CTTT Hearings
The RVRA will consider assisting villages with a CTTT application, or a response to an application by an operator, in the following ways:
      * Giving advice about the suitability and likely success of an application under the Guidelines printed below the committee may decide to provide:

      * support with the preparation of an application and submission

      * advocacy on behalf of the residents at the Tribunal hearing

      * assistance with legal fees.

Guidelines for CTTT Support
Every case will be considered on its merits.
      1. Would the RVRA involvement in the matter create a dangerous precedent?

      2. Does the matter involve a significant legal principle?

      3. Does the matter have significance for the industry as a whole (ie Does the matter have implications for residents in other villages)

      4. Is there a significant lack of human and/or financial resources within the village concerned to enable them to act autonomously?

      5. Is there humanity issue involved?

      6. The extent of RVRA membership in the village involved will be considered.

The RVRA Legal Support Fund
The RVRA Committee has established a Legal Support Fund.
Already we have received donations from our members and we sincerely thank you all for your generosity and your foresight in contributing to this fund which may be used to help all Retirement Village residents who need this assistance. The RVRA Committee have pledged to contribute $20,000 from our existing funds and all donations from members and member villages will be added to this amount which will be used exclusively to provide legal support for our members in disputes between residents and operators. This support will be decided under the Guidelines above. Acknowledgement and a receipt for all donations will be issued.

If you would like to send a personal donation, or join with a group of other residents in your village to make a group donation, post it to:
      The RVRA Legal Support Fund, PO Box 3176 North Turramurra, 2074



HUGE CONGLOMERATE TAKES ON THE "LITTLE PEOPLE"!

Can you imagine anything more perverse than a story about the Stocklands Group - big business and big profits, taking on a group of elderly pensioners in a Retirement Village to make sure the big business profits get even bigger?

This is such a story!

In the small coastal town of Laurieton where many people go to have a quite retirement, this story has played out in the past few weeks.

The residents of a Retirement Village felt their operator were not being fair with their costs. So, using the Tribunal which is set up to assist those people with a grievance but who do not have a lot of money for legal fees to fight a case, they went to put their case.

They won! They would not have to pay the $50 odd thousand dollars they felt they were being unfairly asked to pay.

Very happy at having been found correct by the Tribunal they enjoyed Christmas.

Their operator had written to them saying they were reviewing the situation. What the residents didn't know that was rather than reviewing the situation they had already, when that letter was sent, employed high legal council to drag these "little people" into the courts to defend their money - money which must be a drop in a vast ocean for them.

There is no end to this story just now - the residents have been told if they want to proceed to the court to fight again for the win they have already had, they should have legal representation. But, where do pensioners get the money to fight a court case against a company with unlimited resources?

Also, in a further intimidatory tactic the company is seeking costs from the residents for their legal fees. This makes the whole process a total farce.

The residents at Queens Lake have voted to continue with the fight against what they consider the unfair way I which they are being treated. They have not caved in to the pressure, and are to be greatly admired for the courage they are showing to stand up for what is their right.

So, to be continued _ _ _ _ _ _

"The RVRA Legal Support Fund'" - Form