Elle Nikou Madalin practices in a broad range of commercial, common law and public law matters. She also has expertise in defamation and business reputation, and sports law proceedings.
Commercial, Administrative & Common Law
Elle has advised and appeared in complex trial, appeal and interlocutory matters representing corporations, public bodies and private individuals accross a diverse range of industries.
Elle also appears regularly for the State of Victoria, as well as having acted for local councils and other government and political agencies and entities. She has a firm grasp of model litigant guidelines and principles.
Defamation & Business Reputation
Elle has special experience in defamation and business reputation matters, including injurious falsehood and misleading and deceptive conduct claims. She regularly advises and appears on behalf of both plaintiffs and defendants in matters concerning both online and print publications. Elle has also been a lecturer in Defamation at the Australian Catholic University.
Elle has expertise as counsel in all aspects of sports law, including as in independent investigator, or in court and tribunal proceedings concerning:
From time to time, Elle also accepts briefs to act advise sporting associations on the drafting of their rules, by-laws and constitutions.
In addition to her work as counsel, Elle regularly sits on tribunals adjudicating disputes (including appeals) for a variety of national and state sports governance bodies and player associations. She is appointed to the AFLPA's panel of arbitrators.
Elle is the Secretary of the Sports Law Section of the Commercial Bar Association and is regularly asked to present on sports law related issues for universities and other education providers.
Elle is presently undertaking her Masters of Commercial Law at the University of Melbourne, where she maintains an honours average.
Prior to coming to the Bar, Elle practised in commercial litigation and dispute resolution at Maddocks and Piper Alderman.
Elle read with Anthony Strahan. Her senior mentor is John Karkar QC.
Selected recent cases
Gouvas v Amanatidis & Ors (2018) VSC - claims against individual and corporate defendants for breaches of partnership agreement, fiduciary duties and trust arising out of alleged property investment joint venture. Complex series of financial transactions across multiple entities. Allegations of third party liabilty. Ongoing. (With R. Heath QC)
Spiral Developments Pty Ltd v Sox Holdings Pty Ltd & Ors and Sox Holdings Pty Ltd v South East Developments (Vic) Pty Ltd (2018) CCV - claims for breaches of contract giving rise to loss of opportunity in respect of various option agreements. Dispute over proper construction of option agreements. Whether series of documents to be read as one deed. Further allegation of implied good faith term. Further allegation that alternative basis for termination under side deed unenforceable as a penalty. Waiver of privilege over legal advice leading to termination. Attempt to voluntarily deregister defendant on eve of trial. Correct assessment of damages for loss of opportunity. (With A. T. Strahan)
Director of Consumer Affairs Victoria v Gibson & Anor (2018) FCA - application to endorse final order after entry. Endorsement sought in order to protect the Directors' ability to prosecute for contempt if various costs and pecuniary penalty orders remained unpaid and it could be established that defendant willfully disobeyed, or engaged in conduct calculated to defeat, the Court's orders.
Fortune Holding Developments Pty Ltd & Ors v V Properties (VIC) Pty Ltd & Ors (2017) VSC - Shareholder's derivative action. Claim for breach of director and fiduciary duties and breach of partnership agreement. Counterclaim for breach of partnership agreement and recovery of various loan sums. Settled. (With M. Goldblatt)
Jennings Holdings Pty Ltd v Howqua Valley Resort Pty Ltd & Ors (2017) CCV - claim and counterclaim in respect of breaches of contract, indemnities, detention and conversion of property arising out of the sale of a business.
Duffy & Anor v Marr & Anor (2017) VSC - Defamation, injurious falsehood and misleading and deceptive conduct as against a company and its director. Settled. (With M. Goldblatt)
Aldons & Anor v Edgar (2017) CCV - Defamation. Online post concerning the death of the plaintiffs' mother, a Victoria Police investigation, VCAT and Coroner's proceedings. Defences of justification and honest opinion pleaded. Settled on the eve of trial.
Fava v Caydon Property Group Pty Ltd (2017) CCV - Claim for outstanding commissions under various contracts of employment. Settled.
Hardie v Herald & Weekly Times Ltd & Rule  VSCA 103 - Defamation. Imputations that the plaintiff was a brothel madam, operated a brothel and was otherwise involved in the management of a venue where secret tip-offs between corrupt police and criminal bikie gangs were exchanged. Appeal in respect of imputations and quantum of damages awarded. Cross-appeal in respect of imputations upheld at first instance. (With S.K. Wilson QC)
Hardie v Herald & Weekly Times Ltd & Rule (No. 2)  VSCA 130 - Defamation. Costs of appeal and indemnity costs of trial where plaintiff had succeeded in beating her offer to compromise the proceeding. (With S.K. Wilson QC)
Nikolic v Racing Victoria Ltd (2016) VCAT - Review of jockey licence application, acting for key witness. (With P. Wheelahan)
State of Victoria v Li  VCC 1168 - Garnishee summons. Money held in bank account in name of judgment debtor allegedly held on trust for judgment debtor's husband. Settled shortly following appeal of decision at first instance.
LeasePLUS Operations Pty Ltd v Project Gas Services Pty Ltd (2016) CCV - Claim for breach of lease in respect of 42 separate vehicles and estoppel. Claim for liquidated damages pursuant to contract, or alternatively damages. Defences included allegations that liquidated damages clause was void as a penalty. Counterclaim of misleading and deceptive conduct. Settled part-way though trial. (With A.T. Strahan)
Hardie v Herald & Weekly Times Ltd & Rule  VSC 364 - Defamation. Online and print publications containing imputations that plaintiff's strip club was a venue in hich police gave secret tip-offs to members of outlaw motorcycle gangs. Defences of justification and qualified privilege pleaded. (With S.K. Wilson QC)
Clark & Anor v Ibrahim & Anor  VSC 301 - Defamation and misleading and deceptive conduct. Fifteen separate online publications concerning the plaintiff business and its director. Amendment of pleading and adequacy of particulars. (With A.T. Strahan)