Background
Madeleine accepts briefs to advise and appear in all areas of law, with a particular focus on matters in employment law, discrimination law, public law, and commercial law.
Prior to coming to the Bar, Madeleine worked at Ashurst Australia, gaining experience in Ashurst’s employment and commercial litigation practice groups. In recent years, she has worked as a solicitor in the community legal sector, advising clients in workplace and discrimination law matters across State and Federal jurisdictions. She also has experience advising on matters in family law, administrative law and contract and consumer law.
Madeleine has broad experience across a range of jurisdictions, including the Federal Circuit and Family Court of Australia, the Supreme, District and Local Courts of New South Wales, the Fair Work Commission and the NSW Civil and Administrative Tribunal. She is a strong advocate who is valued for her technical excellence, efficiency, interpersonal skills and focus on finding commercial solutions to her clients’ problems.
Madeleine holds a Bachelor of Laws (Hons)/Bachelor of Arts (Sociology) from the University of Sydney, and a Master of Laws from the University of Melbourne. She has published articles in the Australian Journal of Labour Law, the Alternative Law Journal, and Human Resources Australia. Madeleine has received a Joanna Knight Scholarship (2024) and the Christopher Gee QC Memorial Prize for Advocacy and Evidence for the September 2024 Bar Practice Course.
Principal Areas Of Practice
Select Matters (Unled)
- Zahran v IDA Design Group Pty Ltd [2022] FWC 3024
Appearance for the Respondent in the Fair Work Commission in respect of the Respondent’s jurisdictional objection to the Applicant’s unfair dismissal application. Jurisdictional objection upheld.
- National Heavy Vehicle Regulator v Dickenson Corporation Pty Ltd [2023] (unreported)
Appearance for the Defendant in sentencing proceedings in the Tweed Heads Local Court in respect of prosecution for a breach of the Heavy Vehicle National Law.
- National Heavy Vehicle Regulator v Titan Cranes & Rigging Pty Ltd [2023] (unreported)
Appearance for the Defendant in sentencing proceedings in the ACT Magistrates Court in respect of prosecution for breaches of the Heavy Vehicle National Law.
- Adelaide Radiotherapy Centre Pty Ltd T/A Genesiscare South Australia v Health Services Union South Australia/Northern Territory Branch [2023] (settled prior to full hearing) Appearance for the Applicant in proceedings before the Fair Work Commission seeking orders to suspend protected industrial action pursuant to section 424 of the Fair Work Act 2009 (Cth).
- Wu v Sammi (Aust) Pty Ltd [2023] (settled prior to full hearing)
Acting for the Respondent in claim alleging unlawful adverse action and under payments in breach of the Fair Work Act 2009 (Cth) commenced in the Federal Circuit Court and Family Court of Australia.
- SafeWork NSW v Royal Touch Paper Products Pty Ltd [2023] NSWDC 533
Appearance for the Defendant in sentencing proceedings sentencing proceedings in respect of prosecution commenced in the District Court of NSW for a breach of duty under the Work Health and Safety Act 2011 (NSW).
- Transport for New South Wales v Coastal Transport Services Pty Limited [2023] (unreported)
Acting for heavy vehicle operator in appeal of suspension of heavy vehicle registration made to the Local Court of New South Wales.
- Sarkis v Wright Pools (NSW) Pty Limited (ongoing)
Acting for the Respondent in a general protections claim commenced in the Federal Circuit and Family Court of Australia under the Fair Work Act 2009 (Cth).
- Baker v Sydney Convicts Rugby Club Incorporated; Baker v Eames (ongoing)
Acting for the Respondents in proceedings commenced in the New South Wales Civil and Administrative Tribunal alleging breach of the Anti-Discrimination Act 1977 (NSW).
- SafeWork NSW v Mennen Constructions Pty Limited (ongoing)
Acting for the Defendant in prosecution commenced in the District Court of NSW alleging a breach of duty under the Work Health and Safety Act 2011 (NSW).
- SafeWork NSW v Mghder (ongoing)
Acting for the Defendant in prosecution commenced in the District Court of NSW alleging a breach of duty under the Work Health and Safety Act 2011 (NSW).
Select Matters (Led)
- Blackwood v Northern Beaches Council [2022] NSWIRComm 1052 (led by P Thew of Counsel) Appearance for the Respondent in the Industrial Relations Commission of NSW in an Unfair Dismissal Claim regarding a dismissal that arose from the Applicant’s refusal to be vaccinated against COVID-19. Application dismissed.
- Fenech v R; Nationwide News Pty Ltd; and Daily Mail Australia Pty Ltd [2022] NSWCCA 235 (led by M Lewis of Counsel)
Appearance for the Second and Third Respondents in the New South Wales Court of Criminal Appeal in the appeal of a decision not to make suppression orders pursuant to the Court Suppression and Non-publication Orders Act 2010 (NSW). Appeal partially upheld.
- SafeWork NSW v Walgett Shire Council [2023] NSWDC 70 (led by M Shume of Counsel)
Appearance for the Defendant in sentencing proceedings in respect of prosecution commenced in the District Court of NSW for a breach of duty under the Work Health and Safety Act 2011 (NSW).
- Fair Work Ombudsman v El Baba Lawyers [2024] FedCFamC2G 143 (led by B Rauf of Counsel)
Appearance for the Respondent in pecuniary penalty proceedings commenced in the Federal Circuit and Family Court of Australia for breach of compliance notice under the Fair Work Act 2009 (Cth).
- SafeWork NSW v Inghams Enterprises Pty Ltd [2023] NSWDC 580 (led by B Hogkinson AM SC)
Appearance for the Defendant in sentencing proceedings in respect of prosecution commenced in the District Court of NSW for a breach of duty under the Work Health and Safety Act 2011 (NSW).
- Department of Public Prosecutions v Unity Mining Pty Ltd (ongoing) (led by S Russell of Counsel)
Acted for the Defendant in sentencing proceedings in the Magistrates Court of Tasmania alleging a breach of duties under the Work Health and Safety Act 2012 (Tas).
- SafeWork NSW v Western Sydney Local Health District (ongoing) (led by B Hogkinson AM SC)
Acting for the Defendant in a prosecution commenced in the District Court of NSW alleging a breach of duties under the Work Health and Safety Act 2011 (NSW).
- SafeWork NSW v Western Sydney Local Health District (ongoing) (led by B Hogkinson AM SC)
Acting for the Defendant in prosecution commenced in the District Court of NSW alleging a breach of duty under the Work Health and Safety Act 2011 (NSW).
- Mount v Dover Castle Metals Pty Ltd (ongoing) (led by G Fredericks of Counsel)
Acted for the Respondent in a claim commenced in the Federal Court of Australia alleging unlawful adverse action in breach the Fair Work Act 2009 (Cth).
- CD 187/2022: Inquest into the death of Rozalia Spadafora (ongoing) (led by Maria Gerace SC)
Acting for an interested party in the coronial inquest into the death of Rozalia Spadafora in the ACT Magistrates Court.
- Morrison & Anor v Cedar Mill Events Pty Ltd & Anor (ongoing) (led by Jamie Darams SC)
Acting for the Applicants in a claim for breach of contract and breaches of the Fair Work Act 2009 (Cth) in the Federal Court of Australia.