Rabih Alkadamani

Admission Year: 1994

Contact Details

Tel: (+61 2) 9220 9862
Fax: (+61 2) 9233 4209

Areas of Practice

Banking and Finance
Corporate Insolvency
Intellectual Property
Professional Negligence
Trade Practices and Competition

Clerk Details

Kristen Sproule

Rabih Alkadamani

Professional Career

Rabih Alkadamani's major areas of practice are Commercial/Equity law and Employment law.

Commercial/Equity law includes Corporations Law matters, breaches of directors' duties, shareholder disputes, insolvency (including insolvent trading, statutory demands and winding up) and external administration.

Banking and finance work includes distressed debt restructures, major project finance disputes and inter-creditor disputes. Numerous disputes have involved debts/facilities exceeding $100 million.

Rabih has significant experience in disputes involving the construction of contracts and securities, including inter-creditor deeds, finance documents, project documents, convertible notes and other securities.

Employment law disputes include restraints of trade disputes, claims for statutory entitlements, discrimination and unfair contracts.

Rabih has a strong financial background, including a Bachelor of Economics with a major in accounting.

Examples of Recent Cases

Nine Entertainment Group Limited, in the matter of Nine Entertainment Group Limited (No 1) [2012] FCA 1464 (20 December 2012) and Nine Entertainment Group Limited, in the matter of Nine Entertainment Group Limited (No 2) [2013] FCA 40 (29 January 2013).  Appeared for mezzanine creditors in the Nine Entertainment Group scheme of arrangement.  The scheme resulted in the conversion of $3-plus billion of debt into equity.

Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (No 3) [2013] FCA 410 (7 May 2013).  Appeared for Tamawood Ltd, the Applicant, which sued for breach of copyright in its house plans.

Wesfarmers General Insurance Limited t/as Lumley Insurance v Nestel [2011] NSWDC 224(16 December 2011).  Appeared for a home owner in a dispute concerning the proper statutory construction of “disappeared” in the Home Building Act.  Successfully contended that “disappeared” concerned absence from New South Wales. The decision led to calls for legislative clarification/amendment from segments of the insurance industry.

SWM Financial Services Pty Ltd v Lloyd [2011] NSWSC 1108. Appeared for First and Second Defendants defending a claim that they had breached covenants and restraints of trade contained in a Sale Agreement relating to an accountancy practice.

CP York Holdings Pty Ltd v The Food Improvers Pty Ltd [2009] NSWSC 409. Appeared for the creditor in statutory demand proceedings. Considerations of relevance of solvency on an application to set aside statutory demand and the scope of s 459J.

The Food Improvers Pty Limited v BGR Corporation Pty Ltd (No 3) [2007] FCA 97 (and numerous related proceedings). Appeared for the Applicant in an oppression of minority shareholder dispute.

National Telecoms Group Ltd v Bulldogs Rugby League Club Ltd [2003] NSWSC 654. Appeared for the Plaintiff to set aside a statutory demand. The dispute arose in the context of the Bulldogs salary cap breaches. Statutory demand set aside.

Portal Software v Bodsworth [2005] NSWSC 1179. Appeared for the Plaintiff (employer) to enforce a restraint of trade. The validity of the restraints was upheld by the Court.

Romanin v University Co-operative Bookshop Limited [2003] NSWIRComm 410. Appeared for the Applicant in unfair contract proceedings.

Maguire v Sydney Organising Committee for the Olympic Games [1999] HREOCA 26. Appeared for the Applicant, a blind man in relation to the provision of information in braille. HREOC upheld the application in one of the earliest decisions in which a respondent was ordered to provide material in braille.

Logan v Otis Elevator Co Pty Ltd [1999] IRCA 4 (22 June 1999). The case considered the interaction between an employment contract and an award.  A Full Bench of the Industrial Relations Court held, inter alia, that the employee was contractually entitled to reasonable notice exceeding the minimum notice prescribed by an award.

LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 584. Appeared for a copyright infringer in account of profits proceedings.

Eagle Homes Pty Ltd v Austec Homes Pty Ltd [1999] FCA 138 (Full Court). Appeared for the Appellant. The Applicant sued for breach of copyright in its house plans.

Publications and Presentations

"The Beginnings of 'Class Actions'?" (1992) 8 Australian Bar Review 271

"A Question of Rights: The Cooling and Hepples Decisions" (1991) 25 Taxation in Australia 589.

Account of Profits, Design and Intellectual Property Law, LAAMS Publications

Educational Background

Bachelor of Laws (Hons), Macquarie University

Bachelor of Economics (Accounting), Macquarie University