Radhika Kanhai

Partner

Melbourne

Legal Expertise

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, estate litigation, leasing disputes, contractual breaches, franchising and Corporations Act matters.

Radhika has also undertaken extensive accredited mediation training, resulting in particular expertise in the area of alternative dispute resolution through negotiation, mediation and conciliation processes. This enables her to achieve the best practical and achievable outcomes for our clients.

In addition, Radhika is privileged to have been recognised as a recommended lawyer in Doyles Leading Insolvency and Restructuring Lawyers Guide, and she is also a Lexology Client Choice recipient and was awarded the Outstanding Female Award 2018 by Women in Insolvency and Restructuring Victoria.

Experience

  • issuing and defending provision claims (testator family maintenance claims or part IV claims);
  • issuing and defending applications for the removal of an executor / administrator;
  • applying to the Supreme Court for judicial advice regarding the administration of the estate acting in will validity disputes;
  • acting for insolvency practitioners (including in the retail, construction, airline and manufacturing sectors) in relation to their appointments and court action arising out of their appointments, such as insolvent trading, voidable transactions, termination of winding ups and recovery litigation funded by creditors or litigation funders;
  • acting for personal insolvency practitioners including in court actions arising from their appointments, such as setting aside personal insolvency agreements and recovery action;
  • acting for 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 for liquidators 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 a large shopping centre client in two proceedings in the Supreme Court of Victoria against the 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 claims for rental arrears and advising on the impact of insolvency of tenants on leasing arrangements;
  • acting for retail and commercial landlords in risk assessment, alternative dispute resolution, litigation and land valuation matters;
  • acting for a global fast food chain in a Supreme Court action brought by them under a lease and agreement for lease;
  • acting for landlords and tenants in retail and general leasing disputes, including ‘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;
  • issuing Supreme Court proceedings for unitholders in disputes with trustee companies in respect of trust deed distributions;
  • acting for a securities and corporate finance firm seeking to recover significant advisory fees owed to it under contractual terms;
  • representing directors in multi-party Supreme Court proceedings brought for breaches of directors duties;
  • defending Federal Court proceedings brought by a director and shareholder of a listed company, and;
  • acting for franchisors and franchisees in the retail, machinery and home services sectors, regarding compliance advice and disputes under the Franchising Code of Conduct.

Pro Bono & Community Work

  • Past President of Women in Insolvency and Restructuring Victoria (WIRV)
  • Australian Restructuring Insolvency and Turnaround Association (ARITA)
  • Law Institute of Victoria
  • Victorian Women Lawyers

Professional Recognition

  • Doyle’s Guide to Leading Insolvency and Restructuring Lawyers 2017, 2018, 2019, 2020
  • Lexology Client Choice recipient 2017
  •  Women in Insolvency and Restructuring Victoria, Outstanding Female Award 2018

Qualifications

  • Bachelor of Laws, The University of Melbourne
  • Bachelor of Arts (Psych Major), The University of Melbourne
  • Postgraduate study in Corporate Insolvency, Monash University
  • Advanced Certificate in Restructuring and Turnaround, ARITA and University of Technology, Sydney

Jurisdictions Admitted to Practise

  • Victoria
  • High Court of Australia

“My role is to identify any issues my clients may face, in order to achieve their commercial objectives. The speedy completion of transactions is paramount.”

Litigation & Dispute Resolution
Restructuring, Turnaround & Insolvency