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.
- BIS Finance Pty Ltd, in the matter of BIS Finance Pty Ltd (17 November 2017). Acted for group of senior creditors in scheme of arrangement. The relevant senior debt was circa $600 million.
- Fair Work Ombudsman v NHS Pty Ltd & Ors  FCA 1301 – Civil penalty proceedings brought by the Fair Work Ombudsman, heard in the Federal Court of Australia in July 2017. A central component of these proceedings was the accessorial liability of employees for the employer’s breaches of industrial awards and the Fair Work Act.
- DXC Connect Pty Ltd v Deibe  NSWSC 1159. Equitable remedies and applicability of the ‘Springboard’ doctrine where the alleged breach is not a breach of confidence. See also DXC Connect Pty Ltd v Deibe  NSWSC 1356.
- Capolingua v Da Silva (No 2)  NSWSC 527 and Capolingua v Da Silva  NSWSC 1212 . Proceedings for the appointment of trustees for sale pursuant to section 66G of the Conveyancing Act.
- Thinkstorm Pty Ltd v Farah  NSWSC 11. Represented the employer in enforcing a restraint of trade in the NSW Supreme Court. Court upheld a 12 month restraint.
Other significant cases/matters
- Nine Entertainment Group Limited, in the matter of Nine Entertainment Group Limited (No 1)  FCA 1464 (20 December 2012) and Nine Entertainment Group Limited, in the matter of Nine Entertainment Group Limited (No 2)  FCA 40 (29 January 2013). Advised and represented for mezzanine creditors (owed approx. $1 billion) in the Nine Entertainment Group scheme of arrangement. The scheme resulted in the conversion of $3-plus billion of debt into equity; one of Australia’s largest (by value) scheme proceedings.
- Imed Radiology scheme of arrangement. Represented senior financiers in relation to a dispute with subordinated creditors and the borrower. The dispute revolved around debt obligations exceeding $460 million. Scheme proceedings were filed but ultimately resolved.
- Confidential Arbitration (2012-13) – Acted for a public utility in arbitration proceedings in respect of debt facility and related obligations exceeding $100 million.
- Linc Energy Ltd (2014) – Advised subordinated convertible noteholders (circa $20 million) in relation to the proper constructions of the notes.
- Lynas Corporation Ltd (2014) – Advised potential incoming creditor on proposed transaction ($220 million). Urgent, detailed written advices on complex legal questions in relation to proposed transaction required and provided within a week.
- The Food Improvers v BGR  FCA 97 – Represented the managing director of the largest tea tree enterprise in Australia. The majority shareholder(s) caused the termination of the contract pursuant to which the managing director provided his services and also caused the managing director to be removed as a director. Oppression proceedings were successfully brought in the Federal Court of Australia and relief was obtained.
- National Telecoms Group Ltd v Bulldogs Rugby League Club Ltd  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.
- Wesfarmers General Insurance Limited t/as Lumley Insurance v Nestel  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, by reason of the Interpretation Act, “disappeared” meant absence from New South Wales. The insurer contended that “disappeared” meant could not be found in Australia or overseas. The decision led to calls for legislative clarification/amendment from the Insurance Council of Australia.
- Macteldir Pty Ltd v Dimovski  FCAFC 288 (Federal Court of Australia – Full Court, 17 October 2003), a leading decision on the jurisdiction of the Federal Court of Australia.
Employment & Discrimination Law:
- Portal Software Pty Ltd v Bodsworth  NSWSC 1179 and  NSWSC 631 – Represented the employer in enforcing a restraint of trade in the NSW Supreme Court. Justice White on an interlocutory basis and Justice Brereton on a final basis upheld the relief sought.
- Maguire v SOCOG – Appeared on behalf of the Applicant, a blind man, in relation to the provision of information from SOCOG in braille pursuant to the Disabililty Discrimination Act. HREOC upheld the application. This case appears to be the earliest decision in which a Respondent was ordered to provide material in braille. Briefed by the Public Interest Advocacy Centre (PIAC) and we acted for Mr Maguire on a pro bono basis. PIAC’s Biennial Report (1999-2001) notes the case (pp 14-15).
- Logan v Otis Elevator Co Pty Ltd  IRCA 4 (22 June 1999). A leading precedent in relation to 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.
- B & E Poultry Pty Ltd v National Union of Workers. Represented an occupier in relation to right of entry disputes and scope of statutory Right of Entry provisions. Proceedings resolved prior to final hearing.
- Tamawood Limited v Habitare Developments Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed)  FCAFC 65 (18 May 2015). Appeared for Tamawood Ltd, copyright owner. This decision is an important precedent in copyright infringement of architectural drawings.
- Eagle Homes Pty Ltd v Austec Homes Pty Ltd  FCA 138 (Full Court). Appeared for the Appellant. An important precedent in copyright infringement of copyright drawings, especially in respect of causal nexus.
- LED Builders Pty Ltd v Eagle Homes Pty Ltd  FCA 584. This case remains a leading decision for the taking of an account of profits in intellectual property cases.
- “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.
- Bachelor of Laws (Hons), Macquarie University
- Bachelor of Economics (Accounting), Macquarie University