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
6 May 2015
In December 2014, the Federal Court of Australia handed down a decision (Romero v Farstad Shipping (Indian Pacific) Pty Ltd (2014) FCAFC 177) which has important implications for the way that companies handle staff complaints.
The starting point in this particular case was that an employee of Farstad Shipping, who was second Officer of a supply ship, fell out with the Captain during a 12 day voyage in 2011. After disembarking, she sent an email to Farstad outlining concerns about the way that she had been treated. Farstad had several workplace policies including those concerning workplace harassment and discrimination, and documented procedures about how such complaints were to be handled. While the employee’s email was not intended as a formal complaint, Farstad treated it as such.
At the same time, the ship’s Captain complained to Farstad about the employee’s competence and temperament (later shown to be unfounded).
Posted on: May 6, 2015
By Damien Bowen, Director at Bowen Buchbinder Vilensky Lawyers
30 April 2015
A question that we family lawyers are often asked is: what happens if she empties the joint account and spends it? Does she have to give it back, or is it taken into account in some way?
When a couple separates, and emotions are often highly charged, their behaviour can be unpredictable. What happens if she spends their money on a new car? Or he spends it on a holiday with his new girlfriend?
First, a distinction can be made between money used to buy an asset, like a new car, versus money spent on a holiday.
In the case of the car, it is an asset to be included in the pool of matrimonial assets for division between the parties. So no, the money hasn’t evaporated.
However, if the money is spent on a holiday with the new girlfriend, it's gone. It is not available to for division between the parties.
Posted on: Apr 30, 2015
By Craig Hollett, Director at Bowen Buchbinder Vilensky Lawyers
(with assistance from Henry Burke)
21 April 2014
Liquidators and administrators should be aware that they are required to be independent, and may be disqualified from that role even if they only appear not to be independent. In ASIC V Franklin  FCFCA 85, which was a recent appeal by ASIC to the Full Court of the Federal Court, ASIC successfully applied to have three experienced insolvency professionals disqualified as liquidators for precisely this reason.
In early 2013, Walton Group engaged Mawson Group (“Mawson”), a business advisory and corporate restructuring firm, to assess its restructuring options.
In late September 2013, Walton Group sold off a significant part of its business to entities created in July and August 2013 and owned and/or directed by persons closely connected with Mawson.
Posted on: Apr 21, 2015
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