Elle Nikou Madalin

ESSSuper v Iress Ltd & Anor (FCA): Large-scale litigation  concerning the development of superannuation administration software, and the provision of outsourced superannuation and defined benefit scheme administration services (with S.J. Maiden KC). 

Epic Games, Inc & Ors v Google LLC & Ors (FCA): Landmark litigation and class action proceedings alleging anti-competitive conduct in respect of Google Play. Claims that Google misused market power, and engaged in exclusive dealing and unconscionable conduct. Heard together with similar proceedings brought against Apple (leading A. Hanna in respect of confidentiality issues, and otherwise with C. Moore S.C., R. Yezerski S.C., C. Trahanas, P. Strickland and W. Liu).

Heartland Bank Ltd ats Internet Business Systems Australia Pty Ltd (VSC): Alleged breach of contract and misleading and deceptive conduct in development of bank lending software; trans-Tasman proceedings (unled on choice of law issues, and later with N.P. De Young KC).

Belgravia Group entities v Gymnastics WA and Gymnastics Australia: Allegations that sports governing bodies have misused market power and engaged in exclusive dealings, and promulgated an unfair contract under the Australian Consumer Law (with N.P. De Young KC, leading P. O’Bryan-Gusah).

GBA Operations Pty Ltd v QC Communications & Ors (FCA): Defending administrators against an application to set aside a deed of company administration in the context of a telecommunications group collapse (unled).

Kite Operations Pty Ltd v Aureka Limited & Ors (VSC): acting for an ASX group entity in a gold mine joint venture dispute, where corporate control was in issue (with S.J. Maiden KC).

Mainland Property Holdings Pty Ltd (recs and mgrs apptd) & Ors v Naplend Pty Ltd & Ors (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).

Westpac ats Saxena (FCA): Defending the bank against allegations of unconscionable and misleading and deceptive conduct, and of interference with privacy (unled).

Re CF Industries Sales LLC & Anor: Parallel applications in Victoria, New South Wales, Queensland and Western Australia under the Hague Evidence Convention, with respect to antitrust proceedings brought against Orica in the United States (unled). 

Adam Cartwright Investments Pty Ltd v Hannah McTier Investments Pty Ltd (QSC): Alleged joint venture, partnership or estoppel in relation to various pharmacy businesses (unled).

Bianco & anor v Haast Pty Ltd & ors (pseudonyms) (FCA): Disclaimer of an unprofitable contract by trustees in bankruptcy (with S.J. Maiden KC).

Acting for trustees in bankruptcy in large-scale confidential litigation. Multiple applications and proceedings (with S.J. Maiden KC and H.G. Austin KC).

Chen v Blockchain Global Limited & anor (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 (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 (VSC): Acting for liquidators in multiple applications and proceedings in insolvency with liabilities exceeding $200M (with S.D. Hay KC).

Director of Consumer Affairs Victoria v Belle Gibson (FCA): Public examination; pecuniary penalties imposed following unconscionable conduct under the Australian Consumer Law; forensic examination of bank accounts, cryptocurrency holdings, and futures and options trading (unled).

Michos Family Super Company Pty Ltd & anor v LSA Partners Pty Ltd (VSC): Financial and investment advice; alleged professional negligence and breach of contract; concurrent wrongdoers (unled).

Russel & ors v Macquarie Bank Ltd (FCA): Appeal on relevance of confidential documents to construction of employment contracts (unled).

Burrows & anor v Lightspeed Finance Pty Ltd & anor (VSC): Alleged breaches of tripartite collateral contract and fiduciary duty by mortgage broker; alleged contraventions of the ASIC Act (with A.T. Strahan KC).

Sox Holdings Pty Ltd & ors v Spiral Developments Pty Ltd (VSCA): Appeal on proper construction of suite of agreements and alleged termination in bad faith (with A.T. Strahan KC).

Gouvas v Amanatidis & Ors (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).

ASEAN Football Federation v Johor Darul Ta’Zim FC & Ors: Representing the Federation in connection with the Malaysian football naturalisation scandal.

Michael Zerafa & Ors ats Labruna (VSC): Correct construction, breach and repudiation of managerial agreement (with B.M. Ihle KC).

Football Federation Australia v Atkinson & ors: Disciplinary investigation and proceedings following Australian team international sex scandal (unled).

Racing Victoria Ltd v Darren Weir (RAD Board): Charges pursuant to the Rules of Racing (with P. Wheelahan).

Danny Nikolic v Racing Victoria Ltd (VCAT): Review of jockey licence application; acting for key witness (with P. Wheelahan).

Numerous doping and selection proceedings, and general arbitral proceedings concerning employment contracts, salary disputes and other matters, including in the National Sports Tribunal.

Advice concerning judicial review of decisions made in the administration of Australia's National Anti-Doping Scheme.

Conduct of multiple independent investigations concerning allegations of historical and recent sexual assault, sexual harassment, bullying, discrimination, team selection and other matters.

Multiple proceedings for Google LLC concerning alleged online defamation or repetitional harm (unled).

Advising a well-known Victorian institution in respect of public statements during the course of scandal and intense media scrutiny (unled).

Rayner v Seven Network (Operations) Ltd & anor (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 (VSC): Defamation; online publications; hyperlinked material (with D.P. Gilbertson KC).

Hardie v Herald & Weekly Times Ltd & Rule (VSC & VSCA): Defamation; online and print publications; appeal and cross-appeal (with S.K. Wilson KC).