Elle Nikou Madalin practices predominantly in commercial and corporate law, public and regulatory matters. She also has expertise in media and defamation matters, and 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.
Commercial and corporate law
Elle has advised and appeared in complex trial, appeal and interlocutory matters, and commercial arbitrations, for corporations, insolvency practitioners and private individuals in a diverse range of industries. She has acted in both domestic and international disputes, and those involving litigation funders. Most recently, she has advised in relation to disputes flowing from the Covid-19 pandemic.
Public and regulatory
Elle has acted for the State of Victoria, regulators, government departments and agencies, and for private individuals and corporations in civil penalty proceedings. She has a firm grasp of model litigant guidelines and principles.
Media, defamation and reputational harm
Elle regularly advises and appears on behalf of both plaintiffs and defendants in matters concerning both online and print publications where alleged harm to personal or business reputation has occurred. She is also experienced in suppression proceedings.
Elle is experienced in all aspects of sports law, including in proceedings concerning doping, discipline, member protections, drafting of institutional rules and policies, employment, incorporated associations, re-licencing of athletes after suspension, and governance.
In addition to her work as counsel, Elle is regularly appointed as a tribunal member and independent investigator for a variety of national and state sports governance bodies. She is appointed to the AFLPA’s panel of arbitrators, and was a national selection panel Chair for the 2021 Tokyo Olympic Games.
Elle is regularly asked to lecture in her areas of expertise by both universities and other education providers, and has had her work published in peer-reviewed journals. Prior to coming to the Bar, Elle practiced in commercial litigation and dispute resolution at Maddocks and Piper Alderman. She is currently completing her Masters of Commercial Law where she maintains a first class honours average.
- International Arbitration Committee, Victorian Bar
- Commercial Bar Association – Secretary, Sports Law Section; Monitor, Media Law Section
- Common Law Bar Association
- Australian and New Zealand Sports Law Association
Selected recent cases
- Chen v Blockchain Global Limited & Anor (2021) VSC – Cryptocurrency and cryptocurrency exchange platforms; breach of contract; misleading and deceptive conduct (with S.R. Horgan QC).
- 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 QC)
- 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).
- Lennon v The Herald & Weekly Times Pty Limited (2021) VSC – Defamation; online publications; hyperlinked material (with D.P. Gilbertson QC).
- Wellington v Metcalf (2021) VSC – Defamation; multiple social media publications in the course of a political campaign (with D.P. Gilbertson QC).
- 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 – Examination of judgment debtor; 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 the Australian Securities and Investments Act 2001 (Cth) (with A.T. Strahan QC).
- 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 QC).
- Assistant Director, Asset Confiscation Operations v Nguyen (2019) VCC – Application under Confiscation Act 1997 (Vic); indemnity costs awarded (unled).
- 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).
- 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 QC).
- 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)
- Duffy & Anor v Marr & Anor (2017) VSC – Defamation; injurious falsehood; misleading and deceptive conduct (with M. Goldblatt).
- Hardie v Herald & Weekly Times Ltd & Rule  VSCA 103 – Defamation; online and print publications (with S.K. Wilson QC).
- Danny Nikolic v Racing Victoria Ltd (2016) VCAT – Review of jockey licence application; acting for key witness (with P. Wheelahan).
- 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).
- Hardie v Herald & Weekly Times Ltd & Rule  VSC 364 – Defamation; online and print publications (with S.K. Wilson QC).
From 23 Oct 2014, liability limited by a scheme approved under Professional Standards legislation.