EXPERIENCE & EXPERTISE

Radhika has over 20 years’ experience in complex court litigation and dispute resolution. Her specific areas of expertise include corporate reconstruction and insolvency, personal insolvency, property and leasing disputes, contractual breaches, franchising, defamation law and Corporations Act matters.

Radhika’s current practice is a mix of commercial litigation and insolvency disputes.

Radhika’s experience includes:

• Acting for insolvency practitioners in relation to court action arising out of their appointments such as insolvent trading and recovery litigation funded by creditors or litigation funders
• Acting for personal insolvency practitioners including in relation to court action arising out of their appointment such as setting aside personal insolvency agreements and recovery action
• Assisting individual clients and corporations in financial distress and advising as necessary on all aspects of corporate and personal insolvency
• Acting for corporations and insolvency practitioners in relation to their rights under the Personal Property Securities Act 2009
• Acting in small through to large scale multi party litigation in all State and Federal courts as well as the Administrative Appeals Tribunal and the Victorian Civil and Administrative Tribunal
• Acting in disputes relating to leasing and property including acting and advising in relation to breaches, seeking specific performance of contracts of sale, disputes concerning caveatable interests and enforcing proprietorial rights
• Advising and acting for retail and commercial landlords in risk assessment, alternative dispute resolution, litigation and land valuation matters
• Acting for landlord and tenants in relation to retail and general leasing disputes including in relation to “make good claims”, rental arrears and relief against forfeiture
• Acting for tenants in the hospitality industry for claims based on market rent reviews and breaches of lease
• Acting for franchisors and franchisees in relation to compliance advice and disputes under the Franchising Code of Conduct.

Radhika has a proven track record in obtaining good outcomes for her clients. Her mediation expertise is especially sought after in relation to alternative dispute resolution through negotiation, mediation and conciliation processes.

ACCOMPLISHMENTS

Major matters Radhika has acted in include:

• Acting for a liquidator of a component manufacturing company in two Supreme Court proceedings against directors of the company for breaches of directors’ duties and inducing breach of contract. This multi-party litigation involved a litigation funder and numerous interlocutory proceedings as well as large scale discovery of documents.
• Acting for multiple parties in Supreme Court proceedings in relation to claims of breaches of directors’ duties, misleading and deceptive conduct, fraudulent misrepresentation and knowing receipt
• Acting for a large shopping centre client in two proceedings in the Supreme Court of Victoria against liquidators of a large clothing group. The client, as owner of the property, successfully sought orders from the Court under the Corporations Act to enforce its rights to possession of premises during the administration period of the company.
• Acting for a global shopping centre landlord in respect of claims for rental arrears and advising on the impact of insolvency of tenants on leasing arrangements
• Acting for a global fast-food chain in a Supreme Court action brought by them under a lease and agreement for lease
• Acting for a securities and corporate finance firm seeking to recover significant advisory fees owed to it under contractual terms
• Acting for a purchaser and nominee in relation to seeking specific performance of a contract of sale of property for development purposes
• Acting for a listed company in Federal Court proceedings brought by a director and shareholder
• Acting in Supreme Court proceedings for unitholders in disputes with trustee companies in respect of trust deed distributions.