Richard Wilenski

Partner

rwilenski@tottle.com

Richard was admitted to practice in Western Australia in 1990. His practice has a particular focus on construction projects, contracting strategies, advice and dispute resolution, patents, trade marks, copyright and other intellectual property advice, and dispute resolution.

Richard represents a range of commercial clients, including publicly listed and private companies, government bodies and statutory corporations involved in development projects. He also works regularly with developers and promoters of intellectual property and with patent, trade mark and design attorneys within Australia.

His areas of practice include:

  • the provision of general structuring and risk strategy advice necessary to align properly the choice of contract (and the content of contract terms) with the commercial objectives and development requirements of a project or a project tender;
  • the selection and implementation of appropriate claims review and dispute resolution mechanisms;
  • preparation and development of strategies for, and implementation of, claims made in the Federal Court, State Courts and through various alternative dispute resolution options (e.g. mediation, expert determination and arbitration);
  • the development of research agreements and industry linkage grant agreements between contractors and universities or other industry bodies, including revision for commercialisation or licensing of resulting technology;
  • the review of patenting and confidential information of developed intellectual property and seeking protection of those assets through Court proceedings for infringement, oppositions to patents or to obtain injunctions to prevent or limit wrongful use.

Richard holds an adjudicator training certificate from the Institute of Arbitrators and Mediators in relation to Construction Contracts Act adjudications, is also admitted to practice in Queensland and is a member of the Western Australian Construction and Infrastructure Committee of the Business Law Section of the Law Council of Australia.

Richard regularly presents conference papers to national conference groups dealing with tendering and contracting issues in construction projects and with related intellectual property aspects.