We understand the challenges the health system faces in Australia, including increasing pressures brought by an ageing population, rises in chronic disease and the associated cost of care as treatments become more complex.
We are helping clients adapt to rapid changes in the structure of the health system as patient centric models of care evolve to focus more holistically on wellness and prevention, not just treatment. Our clients come to us to help manage complex legal issues associated with the technological innovation that drives this change.
Our clients see the immense potential for data in particular to supercharge change across the sector. We support these clients as they seek to harness data to implement new solutions whilst also managing the significant risks associated with sensitive healthcare information. Clients come to us for guidance to navigate complex issues in particular around AI, big data, privacy and open data.
We have significant regulatory knowledge and experience, having advised a range of participants on the complex, intertwining web of regulatory regimes that apply across the sector. Not only do our experts advise on work on big ticket M&A as well as on matters for and against regulators and industry bodies, they are also thought leaders, driving conversations that shape the future direction of key regulation.
Our legal advice for healthcare services clients covers:
- The full breadth of regulatory issues associated with the delivery of healthcare products and services, including regulation of aged care, disability services and pharmacy, therapeutic goods regulation, regulation of medical devices, healthcare technology and apps, privacy and the regulation of healthcare practitioners
- General corporate and commercial advice in relation to privacy, taxation, procurement, IT and sponsorship arrangements
- Mergers, acquisitions, joint ventures and major capital investment projects
- IP and branding advice
- Compliance with bribery regulation
- Commercial dispute resolution
- Competition investigations
- Employment, benefits and superannuation.
Our expertise in action
- Royal Commission into Aged Care Quality and Safety: acting for Regis Healthcare Group and a Government body.
- National Disability Insurance Agency: advising on application of statutory secrecy regime for participant data to provision of information to the Aged Care and Disability Royal Commissions.
- Kimberly Clark: successfully defended Kimberly Clark against ACCC’s claims of misleading representations and defended against the ACCC’s appeal to the Full Federal Court
- Consumer Healthcare Products Australia (CHM): advising the peak body representing manufacturers and distributors of non-prescription medicines and consumer healthcare products in Australia on changes to the regulation of advertising of therapeutic goods in Australia.
- Laser Clinics Australia: advising Laser Clinics Australia in relation to the regulation of therapeutic and cosmetic products and services in Australia.
- Brookfield: advising on its A$5.7 billion acquisition of Healthscope, Australia’s second-largest private hospital operator.
- Evolution Healthcare: advising on various hospital acquisitions and disposals, including various sale and lease back arrangements with hospital properties.
- Qscan: advising on the acquisition of numerous radiology practices to form the Qscan group and on the sale of Qscan to new capital partners.
- Icon: advising on the acquisition of numerous cancer care practices to form the Icon group (both in Australia and Asia) and on the sale (on two occasion) of Icon to a new capital partners.
- GenesisCare: advising on KKR’s investment in GenesisCare.
- Humanwell: a Shanghai listed healthcare company, and CITIC Capital on their US$600 million acquisition of ASX-listed Ansell Limited’s sexual wellness business.
- iCareHealth: advising on the acquisition of iCareHealth, one of Australia’s primary providers of software solutions to the aged care sector.
- Healius: advising on the Jangho shareholding and proposed takeover bid, transactions involving its diagnostic imaging business.
- Estia Health: advising on its acquisition of the Kennedy aged care and retirement business and subsequent pro-rata capital raising.
- Sandoz: advising on a dispute concerning performance of a cross-border supply and distribution agreement, involving arbitration proceedings in New York.
- Cura: advising on the sale of Cura Day Hospital Group to Intermediate Capital, one of Australia’s leading providers of day hospital facilities, and continue to advise Cura on bolt-on acquisitions.
- myHomecare: advising on various acquisitions undertaken by myHomecare.
- Royal Adelaide Hospital: advising a Joint Venture in relation to upstream and downstream disputes plus insurance claims arising from the A$1.85 billion new Royal Adelaide Hospital (nRAH) project, which is claimed to be Australia’s most advanced hospital and the single largest infrastructure project in South Australia’s history.
