Bowen Buchbinder Vilensky

David Vilensky

Position: Managing Director
Practice Areas: Commercial Law


David is a commercial lawyer with a particular focus on corporate transactions, mining and resources, trade practices, dispute resolution, complex commercial litigation and specialist contract drafting.

David has more than 30 years experience in negotiating, advising on and drafting a broad range of commercial agreements including mergers and acquisitions, shareholder and management agreements, exit agreements, licence agreements and settlement deeds. He advises on directors' duties and corporate governance, due diligence and corporate transactions generally and acts for both private and public companies listed on the Australian Securities Exchange.

In the area of mining and resources, David has experience in the negotiation and preparation of joint ventures, farm-in agreements, the sale and purchase of mining tenements, mandate agreements and convertible notes and has advised on capital raisings, directors' duties and compliance with ASX Listing Rules including continuous disclosure.

He has a global practice with clients in jurisdictions as diverse as Peru, Zambia, Singapore, Korea and Thailand.

David is well regarded and respected in the area of trade practice law and was the lawyer for Bryan Henville in the landmark High Court decision of Henville v. Walker which refined the law relating to misleading and deceptive conduct under the Trade Practices Act.

He has a wide range of experience in the area of the acquisition and sale of various assets including businesses, real estate, mining tenements and shares in both private and public companies.

David is also experienced in dispute resolution including mediations and arbitrations and in the resolution of commercial and contractual disputes.

Over the years David has had articles published in various journals on subjects such as directors' duties, the Trade Practices Act and law firm practice management issues. He has been a strong advocate of the value pricing model for law firms. David was largely instrumental in replacing the billable hour system at BBV with one where fees are fixed and agreed upon with clients in advance.

David's areas of practice include:

  • Commercial and Business Law
  • Corporate Transactions
  • Directors' and Officers' duties
  • Mergers and acquisitions including assistance and advice on due diligence
  • Corporation re-structuring
  • Joint ventures
  • Shareholder Agreements
  • Share sale and exit agreements
  • Corporate governance including ASX and ASIC compliance and director's duties
  • Sale and purchase of businesses
  • Due diligence
  • Mining and Resources
  • Trade Practices Law
  • Dispute Resolution
  • Building and Construction
  • Property and Leasing
  • Commercial Litigation
  • Dispute resolution
Qualifications: Bachelor of Arts (UCT - University of Capetown)
Bachelor of Laws (UCT)
Admitted to Practice: Supreme Court of South Africa 1980
Supreme Court of Western Australia 1988
High Court of Australia 1992 fdf
Memberships: Law Society of Western Australia
Law Society of Western Australia Quality Practice
Standing Committee
Former Chairman of Law Australasia - an
independent association of law firms.