Elle Nikou Madalin accepts briefs 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, Public & 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. She has particular expertise in contract, corporations law, equity, torts (including professional negligence), misleading and deceptive conduct, financial products and services, trade practices, consumer law and employment.
Elle also appears regularly for the State of Victoria, as well as having acted for local councils and other government departments, agencies and statutory authorities. She has a firm grasp of model litigant guidelines and principles.
Defamation & Business Reputation
Elle is experienced in matters concerning alleged harm to personal and business reputations, including claims for defamation, injurious falsehood and misleading and deceptive conduct. She regularly advises and appears on behalf of both plaintiffs and defendants in matters concerning both online and print publications. Elle has lectured on defamation at the Australian Catholic University, and is the co-monitor of the Media Law Section of the Commercial Bar Association.
Elle is experienced in all aspects of sports law, including as in independent investigator, or in proceedings concerning doping, discipline and member protections, drafting of instrutional rules, policies and constitutions, employment, intellectual property, incorporated associations, re-licensing of atheletes after suspension, and sports governance.
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 lecture on sports law topics for universities and other education providers.
Prior to coming to the Bar, Elle practised in commercial litigation and dispute resolution at Maddocks and Piper Alderman.
Selected recent cases
Director of Consumer Affairs Victoria v Gibson (2019) FCA - examination of judgment debtor in relation to failure to pay pecuniary penalties owing pursuant to findings of unconscionable conduct under s 21 of the Australian Consumer Law (Vic). Forensic examination of bank accounts, cryptocurrency holdings and futures and options trading.
Burrows & Anor v Lightspeed Finance Pty Ltd & Anor (2019) VSC - claims of breaches of tripartite collateral contract and fiduciary duty by mortgage broker, and alleged contraventions of the Australian Securities and Investments Act 2001 (Cth). (With A. T. Strahan QC)
Sox Holdings Pty Ltd & Ors v Spiral Developments Pty Ltd and Sox Holdings Pty Ltd v South East Developments (Vic) Pty Ltd (2019) VSCA - appeal on proper construction of suite of agreements and alleged termination in bad faith. (With A. T. Strahan QC)
Racing Victoria Ltd v Weir (2019) RAD Board - charges pursuant to the Rules of Racing. (With P. Wheelahan)
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 concerning multiple properties. Allegations of third party liabilty. (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 - multi-million dollar 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. (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. (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.
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 - Contested garnishee summons. Whether money held in bank account in name of judgment debtor 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. (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)