Bowen Buchbinder Vilensky

In The Media

Leslie Buchbinder

Insurance Checklist

Leslie Buchbinder
Builders' Choice Magazine, December 2014

Builders and building subcontractors are exposed to many risks which, if not properly managed, can lead to financial ruin.

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Contested Wills

The West Australian

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

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5 Things Everyone in the Building Industry Should Know about the Property Securities Register

Builders Choice Magazine

 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'.

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DISPUTE RESOLUTION UNDER CONSTRUCTION LAW IN WA

Builders Choice Magazine

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?

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Leslie Buchbinder

LEGAL WISE SEMINAR 11 JUNE 2014: PRIVACY POLICIES FOR SCHOOLS

Leslie Buchbinder
Les 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.

 

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The Disturbing Rise of Elder Abuse

The Australian April 2014

One of the most disturbing trends to exercise lawyers in recent years is the financial abuse of elderly people.  The rise of the largest, wealthiest, and most vulnerable generation of seniors in our history has been accompanied by a dramatic growth in cases where frail, older people are being ripped off by the very people to whom they have entrusted their financial affairs.  This is typically the son or daughter to whom they assigned an Enduring Power of Attorney (EPA).

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Leslie Buchbinder

Adjudication: how it works and pitfalls to avoid

Leslie Buchbinder
Builders 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.

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Taking the Step, Burying Six-Minute Units and Embracing Fixed-Price Billing

Brief Magazine, December 2013

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.

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Leslie Buchbinder

Subcontracts: why the legal details are so important

Leslie Buchbinder
The 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.

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Traps In Marriage Advice

IPA Magazine, August/September 2013

Accountants who try to help solve clients' marriage-related issues may make things much worse.

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Leslie Buchbinder

Public Liability: Are you covered?

Leslie Buchbinder
The 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?

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Behind Closed Doors

Asset magazine, March 2013

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.

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Prenups: the pros and cons

OUTthere, Skywest in-flight magazine, March 2013

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. 

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Protecting The Family Business ... managing generational change

by Damien Bowen and Morgan Solomon, WA Business News, January 2013

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.

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Mining's New Rich Seek Pre-nups To Protect Assets

Interview with Damien Bowen, The Sunday Times, January 2013

WEALTHY fly-in, fly-out workers are getting prenups to avoid losing their assets in relationship break-ups.

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Step Children Get Will Rights

The West Australian, December 2012

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.

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FIFO Workers Drive Demand For Pre-nups

Sky TV, November 2012

Watch this interview of Damien Bowen by Peter Switzer on Sky TV

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Mental Incapacity A Matter Of Degree

The Australian, November 2012

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.

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Pre-nups Useful, But Not Watertight

The Australian - October 2012

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.

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Leslie Buchbinder

From Routine To Risk: How filling in standard forms for clients can become a legal trap

Leslie Buchbinder
Public 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.

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Step Children Soon Able To Challenge An Estate

Have a Go News, October 2012

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.

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David Vilensky

Fixed Fee Pricing: Has time run out for time billing?

David Vilensky
The 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?

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Leslie Buchbinder

Sins of Omission, Business in Practice

Leslie Buchbinder
Business 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.

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David Vilensky

Fix The Ticks By Catherine Fox

David Vilensky
Interview 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.

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Pressure Grows For Firms To Charge Fixed Fees

Interview of Craig Hollett by Philippa Yelland, Investor Daily, May 2012

Some professions are feeling post-FOFA pressure to reform their fee structures.

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Leslie Buchbinder

How Workers Comp And Sickness Benefits Can Leave You Exposed

Leslie Buchbinder
Medical 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. 

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A Cheap Will Is A False Economy

The Australian, Bowen Buchbinder Vilensky, April 2012

‘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.

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Don't Let Your Clients End Up In Court

Public Accountant magazine, April 2012

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.

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David Vilensky

Time To Change Clock Watching.

David Vilensky
Georgina 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.” 

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Leslie Buchbinder

The Five Legal Blackspots of Social Media.

Leslie Buchbinder
WA 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. 

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David Vilensky

The Benefits of Fixed Fee Pricing

David Vilensky
Brief, 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.  

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David Vilensky

Ditching Hourly Billing Requires Full Partner Support

David Vilensky
Lawyers Weekly, February 2012

Successfully making the transition from hourly billing to value-based pricing requires the support of a firm’s entire partnership. 

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David Vilensky

Legal Billing System 'unfair'

David Vilensky
Amanda Banks, The West Australian, February 2012

Lawyers need to step into the commercial world and stop believing they can bill however they want and get paid under a fee system which is inherently unfair, according to the head of a Perth firm. 

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Leslie Buchbinder

Sins of Omission

Leslie Buchbinder
IFA magazine, November 2011

We all know the feeling. Shuffling through the mail after a hard day at the office. 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.

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David Vilensky

Fixed fee model changes more than pricing.

David Vilensky
Lawyers Weekly, October 2011

Implementing a fixed-fee pricing model changes more than how a firm charges for it services, according to the head of a Western Australian firm

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Leslie Buchbinder

What Triggers a Disciplinary Action?

Leslie Buchbinder
Medical 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? 

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Informed action avoids the pitfalls of investment options

The Australian, August 2011

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. 

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