In The Media
Contested wills are among the most rapidly growing form of litigation in Western Australia. Booming property values over the past ten years, along with enforced superannuation contributions, means that many older people are leaving behind life-changing amounts of money. And the rise of divorce, de facto relationships and blended families makes for many more potential claimants than in the past.+ More
The Personal Property Securities Register (PPSR) is a national online database which electronically manages and stores information regarding security interests over any personal property apart from real estate. On the register, anentity granting a security interest is the 'grantor', the entity getting the security interest is the 'secured party' and secured personal property is known as 'collateral'.+ More
As construction activity in Perth continues to grow, it’s an unfortunate reality that so too will disputes between contractors and principals. Changes in legislation, as well as the legal decisions handed down by the Courts, means that the legal landscape for handling disputes is constantly, subtly shifting. Where does this leave parties in dispute as of June 2014?+ More
Leslie BuchbinderLes Buchbinder
Privacy is the right of natural persons to protect their personal life from invasion and to control the flow of their personal information. However, privacy is not an absolute right; it differs in various contexts and must be balanced against other competing rights and duties such as public interests and the law.
Leslie BuchbinderBuilders Choice Magazine - March 2014
Disputes are more common in construction than in most other sectors of the economy. Whether times are good or bad, disputes arise from time contraints, poor workmanship, and demands for payment for extras falling outside of an original contract, to name just a few examples.+ More
A long-held belief that the six-minute unit misaligns the interests of the lawyer and the client and exposes the tenuous link between hourly rates and value to the client. Clients are driving this. They are tired of paying lawyers by the hour and want more certainty on their legal spend. They are tired of rubbery estimates that are frequently way under what their final legal spend.+ More
Leslie BuchbinderThe Builders Choice Magazine, September 2013
Proper legal advice should be obtained for contractor and subcontractor agreements to make sure that they are not only legally binding and effective, but clearly understood.+ More
Leslie BuchbinderThe Builders Choice Magazine, June 2013
Most people in the construction industry are well aware of the risks and dangers of building sites, as well as the need to ensure adequate protection for those who come onto them. But what in legal terms are your liabilities? How can you best safeguard yourself? What is the difference between public liability and profesional indemnity insurance? Most importantly, what steps can you take to help ensure you are adequately covered?+ More
If matrimonial issues arise, it’s probably time to visit a lawyer.
As a family lawyer, something which I commonly encounter is the way financial planners can leave their clients, and potentially themselves, exposed when dealing with matrimonial issues. Whether acting for spouses, de facto partners, or their parents or business partners, the best of intentions can so often lead to disastrous results.+ More
Binding Financial Agreements (BFAs), better known as ‘pre-nups,’ are a useful but no means watertight solution to protecting the wealth of you and your children. Although most people are familiar with the concept, BFAs are traditionally less common in Australia than the US. But in recent years I’ve seen a significant rise in clients coming to see me about BFAs.+ More
Bev and Dan Whitfield are fairly regular Aussies in their early 60s, who’ve been through the ups and downs that most couples do. Twenty years ago they started their own business distributing coffee beans from premises in Osborne Park, Perth. From humble beginnings, Whitfield Coffee has grown in scale beyond anything they expected, not only generating good income for themselves, but also for their eldest son Luke (32) and daughter Daniela (29), who not only work in the business but are also partners.+ More
Stepchildren will for the first time be able to challenge the wills of their step-parents under long-awaited legal changes that will overcome "gross inequities" in inheritance laws and are expected to lead to an influx of Supreme Court claims.+ More
We can all sometimes be forgetful, slow off the mark or fail to detect a problem which is blindingly apparent to those around us. With age, these challenges can become more common – as the many thousands of baby boomer Australians currently sailing into retirement are well aware.+ More
Leslie BuchbinderPublic Accountant - October 2012
For most accountants, filling in regulatory or statutory forms for clients is part and parcel of the professional service you provide. Whether clients don’t have the knowledge or information to complete the relevant forms, or simply can’t be bothered, is besides the point.+ More
If you are part of a family involving step children or know someone who is, you need to be aware of an important change in WA legislation. In the past, step children were not able to challenge the Will of a step parent who was either in a married or de facto relationship with their mother or father. But that situation will soon change.+ More
David VilenskyThe Australian Corporate Lawyer, June 2012
For most of my professional life I have billed my clients in six minute units. From the time I started out as a solicitor in the early 1980s, time billing was such an assumed part of the landscape that it barely merited discussion. Expressing reservations about it were regarded, if not as heretical, then certainly as futile. Time billing was the way it had always been. If the system was to be abandoned, what possible alternative was there?+ More
Leslie BuchbinderBusiness In Practice magazine, the Australian Physiotherapists Association, Issue 2, 2012
We all know the feeling. Shuffling through the mail after a hard day at work. Finding the routine renewal notice from the insurance company - and checking the premium to see how much it's gone up, before filing it away. Even though it’s human nature to focus mainly on the cost of the renewal and ignore the rest of the document, the reality is that we need to consider a lot more than the dollars and cents of the next year’s premium. Unpopular though this recommendation may be, it’s really worth spending just a short while focusing on that renewal notice.+ More
David VilenskyInterview of David Vilensky, BOSS Magazine, May 2012
Lawyer David Vilensky thought his colleagues at Bowen Buchbinder Vilensky would suspect he'd been smoking something odd when he suggested ditching time sheets and moving to a fixed-fee model at the Perth firm, where he is managing director. The switch wasn't particularly easy, and took lots of courage and persistence from the top. But Vilensky's only regret these days is that the law firm didn't do it earlier.+ More
Leslie BuchbinderMedical Forum, April 2012
When the words ‘Professional Indemnity’ and ‘lawyer’ appear in the same sentence, most doctors immediately think of professional negligence. It is true that claims of negligence comprise a large proportion of claims against doctors. But in my experience, most medical professionals are well aware of their responsibilities in this area and of the consequences of not correctly attending to professional indemnity insurance – as well, of course, as their patients.+ More
‘Make a Will’ campaigns have done a great job of raising awareness about an important issue. But what kind of wills have resulted? As a Wills and Estate Planning lawyer, I spend more time than I should dealing with the unintended consequences of badly drafted ‘Do it Yourself’ wills.+ More
Going by the headlines, you could be forgiven for thinking that the legal world revolves solely around corporate titans suing each other, high profile divorce proceedings and bizarre cases such as people getting massive payouts from their local council for falling over jutting paving stones.+ More
David VilenskyGeorgina Dent, BRW, March 2012
Since June 2010, Perth-based law firm Bowen Buchbinder Vilensky has improved its client relationships, increased staff engagement and boosted profitability. The firm has also attracted several new clients, has better cash flow and its managing director, David Vilensky, says he is regularly fielding emails and phone calls from lawyers eager to join the practice. All this has happened because the firm implemented fixed-fee pricing. Vilensky has only one regret since he abandoned time billing: “That we didn’t do it many years ago.”+ More
Leslie BuchbinderWA Business News, February 2012
Many people think of online activity as an alternative reality where the normal rules that apply to the bricks and mortar world, don’t apply. That’s never been the case. Although it has taken the legal world a while to play catch-up, in recent months, what happens online has increasingly becoming the focus of legal action around the world. Stand by for a lot more of it in time to come.+ More
David VilenskyBrief, Journal of the Law Society of WA February 2012
WHAT IS FIXED FEE PRICING?
Bowen Buchbinder Vilensky (“BBV”) is the first significant law firm in Perth to adopt fixed fee pricing. In so doing, we are helping shape the future of the legal profession into one that is more client focused, efficient and outcome orientated.
David VilenskyLawyers Weekly, February 2012
Successfully making the transition from hourly billing to value-based pricing requires the support of a firm’s entire partnership.+ More
Leslie BuchbinderMedical Forum magazine, September 2011
Legal medical specialist Leslie Buchbinder outlines the main considerations – and how public interest is often overlooked.
What happens when a doctor fails to live up to the professional expectations of a patient?
ONE of the most encouraging investment trends in Australia is the increasing willingness of large numbers of people to take responsibility for their future lifestyles. The huge growth in self-managed super funds is part of this, as is the era of mechanisms such as the advance health directive or living will.+ More