Bowen Buchbinder Vilensky (BBV) is one of Western Australia’s most respected law firms, delivering legal advice and solutions across a full range of practice areas.
BBV is the first significant law firm in Perth to offer legal services on a Fixed Fee Pricing basis – we no longer bill by the hour. This revolutionary approach focuses on delivering greater certainty and peace of mind to our clients. It is also consistent with our intent to become a firm of the future. In adopting Fixed Fee Pricing, BBV is helping shape the future of the legal profession into one that is more client focused and outcome driven.
Recognised by the Law Society of Western Australia as an Approved Quality Practice, BBV is also the proud winner of the prestigious Law Australasia Pursuit of Excellence Award.
By Les Buchbinder, Director at Bowen Buchbinder Vilensky Lawyers
21 June 2017
Surely I can save money by terminating the employment of a worker and then re-engage them as an independent contractor?
Not so fast....
Recently the Federal Court of Australia imposed a significant financial penalty against a company after that company was found to have breached the sham contracting provisions of the Fair Work Act 2009 (Cth) ("the Act").
Section 357 of the Act protects genuine employees from "sham" arrangements in which they are portrayed as being independent contractors whereas in reality they are genuine employees.
Genuine employees are entitled to a range of rights and benefits (including sick leave, holiday pay and superannuation) whereas independent contractors do not enjoy these same benefits.
A sham self-employment contract arises in circumstances where a person is engaged to undertake certain work and/or provide certain services ostensibly as an independent contractor when the true situation is that they are not actually an independent contractor at all but an employee.
Posted on: Jun 21, 2017
By Rhonda Griffiths, Special Counsel at Bowen Buchbinder Vilensky Lawyers
10 April 2017
Along with the disruption and uncertainty surrounding a marriage breakdown separating couples have to also consider whether or not they need to engage a lawyer.
Although there are many services available for couples, in particular through the Family Relationship Centre system, in most cases it becomes very obvious that both parties need to have some legal advice.
The Process of Separation
There is always one party who knows they are going to be leaving the relationship before the other. That often causes great distress when a party realises that the other one has ceased contributing to their relationship and is out the door, or wants you to leave.
The law does not give any pathway for separation. Parties enter a relationship voluntarily and entirely without any government intervention.
Posted on: Apr 10, 2017
By Daniel Yazdani, Solicitor at Bowen Buchbinder Vilensky Lawyers
9 February 2017
In today’s globalised world, an increasing number of people own real estate in more than one country at any one time.
As a result, there has been an increase in the number of people who have both an Australian Will and a Will in a foreign country to dispose of real estate owned by them. The intention (subject to the manner in which the Wills are drafted) is usually for the foreign Will to dispose of real estate in that foreign country and for the Australian Will to dispose of all other assets of that person.
However, if you first make an Australian Will that only deals with your assets in Australia, and later make a second foreign Will that states that it revokes all previous Wills and deals solely with your real estate in that other country, what is the status of your Australian Will? Has your Australian Will been revoked by the later foreign Will?
This interesting predicament has been considered by the Australian Courts, which have set out principles to reduce the uncertainty that this creates and have determined that the question of whether a later Will revokes an earlier Will ultimately depends on the intention of the Will-maker: did he or she intend to revoke the earlier Will?
In Australia, in so far as real estate is concerned, such issues are generally referred to the law of the place where that real estate is situated (the legal principle of ‘lex situs’).
Posted on: Feb 9, 2017
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