
Elle Nikou Madalin
- Commercial Law Tort Law
She also has considerable expertise in defamation (including business reputation cases), media and suppression proceedings, and all aspects of sports law.
Elle is easy to
work with, timely and pragmatic, and is experienced in dealing with the
particular concerns of her clients in high-profile, scandalous and sensitive
matters. She is sought after for her thorough approach; strategic thinking; and
emphasis on forming collaborative, long-term relationships in the teams in
which she works.
Elle has advised
and appeared in complex litigation and arbitral proceedings for international
and domestic corporations, major banks and financial services providers, family
offices, incorporated associations, insolvency practitioners and private
individuals in a diverse range of industries. She also has a firm grasp of
model litigant guidelines and principles, having repeatedly represented the
State of Victoria, regulators, government departments and agencies.
Other experience
Elle is an arbitrator for the Court of Arbitration for Sport - the peak international body for dispute resolution in sports globally, seated in Lausanne, Switzerland.
Elle is also an
arbitrator and Deputy Chair of Football Australia’s National Dispute Resolution
Chamber; an arbitrator for the AFLPA; and an experienced independent
investigator.
Liability limited by a scheme approved under Professional Standards legislation.
Contact
- P03 9225 7330
- E[email protected]
- Connect on Linkedin
Owen Dixon Chambers West
Level 23 Room 10
525 Lonsdale Street
Melbourne VIC 3000
Jane King
+61 3 9225 8558
Expertise
- Banking & Finance
- Bankruptcy
- Competition
- Commercial Arbitration
- Consumer Law
- Contractual Disputes
- Corporations & Securities
- Insurance
- Sports Law
- Private International Law
- Class Actions
- Negligence
- Defamation
Qualifications
Master of Laws (First Class Honours)
University of Melbourne
Bachelor of Laws
University of Melbourne
Bachelor of Arts
University of Melbourne
Member of the Chartered Institute of Arbitrators
Victoria
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Recent Cases
Bassi v Sikh Cultural Society of Victoria Inc (2023-) VSC - Claims against an incorporated association and its committee members alleging breach of fiduciary duties and other matters (unled).
Mainland Property Holdings Pty Ltd (recs and mgrs apptd) & Ors v Naplend Pty Ltd & Ors (2022-) FCA - Allegations that default interest and loan management fees charged by lender constituted a penalty; allegations that receivers appointed by lender breached various statutory provisions in sales of real estate; director's competency to cause companies in receivership to issue proceedings where second set of receivers also appointed following collapse of Mayfair 101 group of companies (with S.J. Maiden KC).
Bianco & anor v Haast Pty Ltd & ors (pseudonyms) (2022-) FCA - Disclaimer of an unprofitable contract by trustees in bankruptcy (with S.J. Maiden KC).
Jess & Jess (No 7) [2023] FedCFamC1F 291 - Application to summarily dismiss cross-claim brought by trustees in bankruptcy for want of jurisdiction and on other grounds (with H.G. Austin KC).
Re the Bankrupt Estate of Jones Snr (deceased) (a pseudonym) [2022] FCA 1470 - Application to approve entry and implementation of a funding agreement by trusees in bankruptcy (with S.J. Maiden KC).
Chen v Blockchain Global Limited & anor (2021) VSC- Cryptocurrency and cryptocurrency exchange platforms; breach of contract; misleading and deceptive conduct (with S.R. Horgan KC).
Abel & Ors v Blockchain Global Limited & ors (2021) VSC- Collapse of cryptocurrency exchange and claims for allegedly misappropriated funds (with S.R. Horgan KC).
Expert determination on construction of commercial lease, acting for the State of Victoria (with S.D. Hay KC).
AXF Group Pty Ltd (in liq) & anor v AXF Holdings Pty Ltd, Richard Gu & ors (2021) VSC- Indemnification of insolvent former trustee; liabilities exceeding $200M; multiple applications and proceedings (with S.D. Hay KC).
Jess & Jess [2021] FedCFamC1F 24- Acting for trustees in bankruptcy; statutory restriction on publication of court proceedings where trustees sought to initiate separate proceeding for approval of complex litigation funding (with S.J. Maiden KC).
Michos Family Super Company Pty Ltd & anor v LSA Partners Pty Ltd (2021) VSC - Financial and investment advice; alleged professional negligence and breach of contract; concurrent wrongdoers (unled).
Russel & ors v Macquarie Bank Ltd (2020) FCA- Appeal on relevance of confidential documents to construction of employment contracts (unled).
Director of Consumer Affairs Victoria v Belle Gibson (2019) FCA - Public examination; pecuniary penalties imposed following unconscionable conduct under s 21 of the Australian Consumer Law (Vic); forensic examination of bank accounts, cryptocurrency holdings, and futures and options trading (unled).
Burrows & anor v Lightspeed Finance Pty Ltd & anor (2019) VSC- Alleged breaches of tripartite collateral contract and fiduciary duty by mortgage broker; alleged contraventions of Australian Securities and Investments Act 2001 (Cth) (with A.T. Strahan KC).
Sox Holdings Pty Ltd & ors v Spiral Developments Pty Ltd (2019) VSCA- Appeal on proper construction of suite of agreements and alleged termination in bad faith (with A.T. Strahan KC).
Assistant Director, Asset Confiscation Operations v Nguyen (2019) VCC- Application under Confiscation Act 1997 (Vic); indemnity costs awarded (unled).
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 joint venture (with R. Heath KC).
Spiral Developments Pty Ltd v Sox Holdings Pty Ltd & ors (2018) VCC- Construction and breach of option agreements; loss of opportunity; implied good faith term; penalty; waiver of privilege over legal advice leading to termination; attempt to voluntarily deregister defendant on eve of trial (with A.T. Strahan).
Fortune Holding Developments Pty Ltd & ors v V Properties (VIC) Pty Ltd & ors (2017) VSC- Shareholder's derivative action; alleged breach of director and fiduciary duties and breach of partnership agreement (with M. Goldblatt).
LeasePlus Operations Pty Ltd v Project Gas Services Pty Ltd (2016) VCC- Breach of contract; liquidated damages; misleading and deceptive conduct (with A.T. Strahan).
Rayner v Seven Network (Operations) Ltd & anor (2022-) FCA- Defamation; television publication; US-based plaintiff with professional and personal reputation in Australia (with G.L. Schoff KC).
Lennon v Herald & Weekly Times Pty Limited & ors (2021-) VSC- Defamation; online publications; hyperlinked material (with D.P. Gilbertson KC).
Wellington v Metcalf (2021) VSC- Defamation; multiple social media publications in the course of a political campaign (with D.P. Gilbertson KC).
Duffy & anor v Marr & anor (2017) VSC- Defamation; injurious falsehood; misleading and deceptive conduct (with M. Goldblatt).
Hardie v Herald & Weekly Times Ltd & Rule [2016] VSCA 103- Defamation; online and print publications; appeal and cross-appeal (with S.K. Wilson KC).
Hardie v Herald & Weekly Times Ltd & Rule [2015] VSC 364- Defamation; online and print publications (with S.K. Wilson KC).
Advising a well-known Victorian institution in respect of public statements during the course of scandal and intense media scrutiny (unled).
Michael Zerafa & Ors ats Labruna (2023) VSC- Correct construction, breach and repudiation of managerial agreement (with B.M. Ihle KC).
Football Federation Australia v Atkinson & ors (2019)- Disciplinary investigation and proceedings following Australian team international sex scandal (unled).
Racing Victoria Ltd v Darren Weir (2019) RAD Board- Charges pursuant to the Rules of Racing (with P. Wheelahan).
Danny Nikolic v Racing Victoria Ltd (2016) VCAT- Review of jockey licence application; acting for key witness (with P. Wheelahan).
Advice concerning judicial review of decisions made in the administration of Australia's National Anti-Doping Scheme.
Numerous doping and selection proceedings, and general arbitral proceedings concerning employment contracts, salary disputes and other matters.
Conduct of multiple independent investigations concerning allegations of historical and recent sexual assault, sexual harassment, bullying, discrimination, team selection and other matters.
Memberships
Assistant Honorary Secretary, Victorian Bar
Executive, Commercial Bar Association
Chartered Institute of Arbitrators
Australian and New Zealand Sports Law Association