Elle Nikou Madalin accepts briefs in a broad range of commercial, common law and public law matters. She also has particular 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. Her matters have involved a diverse range of industries including agriculture, asset leasing, construction, cosmetics and pharmaceuticals, finance, hospitality, legal practice, media, publishing, real property, retail, incorporated associations and sports. Elle has also represented the State of Victoria numerous times, as well as having acted for local councils and other government and political entities.
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 in investigations, court and tribunal proceedings, and arbitrations concerning:
Elle sits regularly as an arbitrator in sporting disputes. She has chaired disciplinary tribunals for Swimming Victoria and the Hockey Victoria Appeals Board. In the past, Elle sat regularly as a member of the Football Federation Victoria Disciplinary Tribunal, in both its appellate and original jurisdiction (including frequently as Chair).
From time to time, Elle also accepts briefs to act as an independent investigator in behalf of sporting associations, or otherwise to advise sporting associations on the drafting of their rules, by-laws and constitutions.
Elle is the Secretary of the Sports Law Section of the Commercial Bar Association. She recently presented a seminar on Concussion Injuries in Sport at Common Law for the University of New South Wales.
Elle is presently undertaking her Masters of Commercial Law at the University of Melbourne, where she maintains an honours average. Her studies have focused on international commercial arbitrations, contractual interpretation, competition law and information and new technologies, sporting disputes, advanced evidence and defamation.
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
Duffy & Anor v Marr & Anor (2017) SCV - Defamation, injurious falsehood and misleading and deceptive conduct as against a company and its director. Settled. (With M. Goldblatt)
Fortune Holding Developments Pty Ltd & Ors v V Properties (VIC) Pty Ltd & Ors (2017) SCV - 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)
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. (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 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)