Madison Marcus provides comprehensive expertise and multi-disciplined services that empower businesses to thrive. We firmly believe that legal counsel should go beyond compliance, serving as a strategic tool to help you achieve your business objectives.
As a testament to our commitment, Madison Marcus is honoured to present this capability statement, outlining our core competence areas and illustrating how we can actively contribute to achieving your business needs- going beyond the traditional role of lawyers and embodying the essence of legal catalysts.
We thank you for entrusting us with the opportunity to present this document. For a deeper understanding of our capabilities, expertise, service areas, and the broader Madison Marcus team are available upon request.
We look forward to assisting you & your company in achieving your business goals.
ABOUT MADISON MARCUS
Madison Marcus is a law and advisory firm renowned for its nationwide service across Australia, with its head office positioned in the bustling heart of Sydney CBD. Our firm is committed to delivering exceptional legal and business services, showcasing expertise across multiple disciplines and industries.
At Madison Marcus, we empower clients to distil legal complexities into clear-cut solutions and achieve successful commercial outcomes.
We pride ourselves on invariably providing high-quality advice, clear channels of communication, and fast response times. We utilise our diverse expertise to pre-empt any issues our clients may face due to legislative change and the ever-changing economic landscape.
As early pioneers of fixed fee and event-based billing, it is deeply entrenched in our culture to challenge traditional service delivery paradigms. Our outcome-based approach aims to deliver cost certainty, transparency and enhanced risk management. We work consistently to earn and maintain our clients' trust.
With offices in capital cities in each state throughout Australia, affiliate firms in New Zealand, the Asia-Pacific region and the Middle East, Madison Marcus is positioned to support clients whose businesses extend across Australia and beyond.
By leveraging our extensive resources and tailored services, we are dedicated to helping you navigate the complexities of the legal landscape and confidently achieve your business goals.
OUR SERVICES
The Madison Marcus team is a highly skilled group of legal and business advisory professionals who provide the highest quality advice specialising in, but not limited to:
LEGAL SERVICES
CORPORATE & COMMERCIAL
We understand the importance of providing practical, commercially-minded solutions and make sure to carefully consider the desired outcome before incurring any costs to the client.
THE CORPORATE & COMMERCIAL SERVICES WE PROVIDE INCLUDE:
STRATEGIC ADVISORY & SPECIAL PROJECTS | SASP
Going beyond purely legal solutions, the SASP team leverages a wealth of experience in various practice areas and engages with our clients holistically to deliver commercially pragmatic and highly efficient outcomes.
Our experienced team is multi-disciplined and has extensive experience in commercial transactions for a diverse client base. We leverage this to provide valuable insights and guidance to our clients, helping them navigate increasingly complex business landscapes to create value, access new markets, and strategise realistic and actionable solutions.
Combining legal acumen, strong business knowledge, and experience with businesses ranging from medium enterprises to publicly listed companies, the SASP team provides clients with a full suite of services to efficiently manage large and complex projects.
We are able to assist with strategies for exit planning, preparation for IPOs and accessing new markets for additional customers, clients and/or sources of liquidity and investors. The SASP team has advised emerging and established clients in industries such as electric vehicles, childcare facilities, alternative energy, investment management, financial services and property management.
THE SERVICES WE PROVIDE INCLUDE:
REAL ESTATE & DEVELOPMENT
The Madison Marcus team has over 40 years of experience in property law and extensive experience in all stages of the development process.
The division acts for numerous major developers (institutional, residential, commercial, and mixed-use properties) with respect to all facets of the development process. We can advise clients on projects from inception through to completion.
AREAS OF REAL ESTATE & DEVELOPMENT WE CAN HELP WITH INCLUDE:
We also do private client conveyancing work as well as commercial and retail leasing for both landlords and tenants.
In 2018, Madison Marcus was recognised as a finalist in the Australasian Law Awards for Property, Infrastructure and in 2021 for Property Team of the Year.
Our real estate and development division also includes a team of experienced and dedicated off-the-plan lawyers and licensed conveyancers with the resources to ensure efficient sales and settlement processing.
LEASING
Madison Marcus excels in leasing services with a specialised team with extensive experience handling specialty, mini-major, and major retailers. Leading the team are Denis Hall and Jane Wolfe, industry veterans with a combined experience of over 50 years. Their profound knowledge in this intricate field of law is consistently relied upon by some of Australia's most prominent property developers and major commercial retailers.
The breadth of our leasing expertise extends to representing lessors of diverse properties, including large commercial office buildings, shopping centres, industrial buildings, and mixed-use developments.
To showcase our capabilities, we are proud to count one of Australia's largest independent petroleum service station retailers among our esteemed clients. With their portfolio encompassing approximately 220 retail sites, we have successfully negotiated and settled numerous transactions on their behalf.
Our leasing team possesses exceptional proficiency in drafting comprehensive lease documentation, conducting effective lease negotiations, and ensuring the enforcement of contractual obligations associated with leases.
We maintain a dedicated dispute resolution team comprising specialists who excel in resolving tenant and landlord disputes. This ensures that our clients receive comprehensive support throughout their leasing journey, from initial negotiations to the resolution of any conflicts that may arise.
STRATA
Madison Marcus is a leading provider of specialised legal services in strata law. Our dedicated team of experts led by David Napoli, Partner, Nicolas Ravolas, Special Counsel, and Anna Minassian, Associate, provide assistance to clients with strata-related needs, including strata-building defect claims. Focusing on delivering exceptional results and client satisfaction, we offer comprehensive solutions for various strata law matters. From governance and compliance to dispute resolution and litigation, our team is committed to providing strategic guidance and achieving favourable outcomes for our valued clients.
OUR DEDICATED TEAM COMPRISES HIGHLY SKILLED LEGAL EXPERTS WITH SPECIALISED EXPERIENCE IN THE FOLLOWING AREAS:
All facets of by-law work, including bespoke developer by-laws and Strata Management Statements.
- Access to neighbouring properties including scaffolding rights, crane overhead swings and ground anchors.
- Selling common property and strata plan of subdivisions.
- Amending and terminating strata plans.
-Acquiring easements.
Running contested tribunal hearings with respect to tree root matters, dividing fence disputes, breaches of by-laws and common property disputes and advising owners in relation to neighbouring land matters.
Representing Owners, Corporations, builders and developers in building defect disputes under the Home Building Act 1989 and the Design and Building Practitioners Act 2020 across all jurisdictions.
Madison Marcus' wide-ranging expertise positions us strongly to adeptly resolve strata-related issues and efficiently manage disputes while remaining cost-effective.
PLANNING, ENVIRONMENT & GOVERNMENT
The Planning & Environment Division of Madison Marcus delivers a magnitude of experience, enthusiastic advocacy, refined skills and determination. The team’s practice specialisation includes both general and niche legal advice and representation across the diverse elements of town planning, local government and environmental law in NSW. We provide bespoke service for individuals, developers and corporations who own and develop land or are in dispute with a Local or State Government.
Headed by Michael Mantei, a qualified town planner, planning lawyer, accredited local government & planning law specialist, the division provides assistance and client support with practical dispute resolution via appropriate consent authorities to interpret planning rules and regulations. We can assist in navigating the complexity of the NSW planning approval system with strategic and project-specific tiers. We represent clients in the Land & Environment Court and negotiate planning approvals through alternative dispute resolution.
We provide legal & consultancy services across S/M/L scale development proposals, development in all respects, property-related disputes with Local & State Governments, and the interpretation of all town planning and environmental laws in NSW. We represent clients in the Land & Environment Court and negotiate planning approvals through alternative dispute resolution.
OUR TEAM CAN ASSIST WITH ALL PLANNING, ENVIRONMENTAL & GOVERNMENT MATTERS, INCLUDING:
CONSTRUCTION & INFRASTRUCTURE
Our dedicated Construction and Infrastructure division at Madison Marcus is committed to delivering exceptional legal advisory services through a comprehensive "whole project" approach. We guide our clients through every stage of their projects, from initial concept to final delivery and completion. Leading our division is Ramy Qutami, our highly experienced Managing Director and Co-Founder. Assisting him is John De La Hoyde, a skilled Director at Madison Marcus with extensive expertise in back-end matters. Our talented team includes Associate Kate Taylor and other professionals who excel in both front-end and back-end aspects of construction and infrastructure law. As an integrated, multi-disciplined team, we provide a high-quality service dedicatedto meeting each project's unique needs and deliverables.
From the initial planning and development phases to contract negotiations and regulatory compliance, our team has in-depth knowledge and skills to navigate the complexities of construction and infrastructure projects. We offer strategic advice and solutions to ensure our clients' projects are legally sound, well-structured, and successfully executed.
Our front-end experts, led by Managing Director, Ramy Qutami, assist with financing, tendering, procurement, and contract drafting. The division has an astute understanding of the industry and works closely with clients to develop robust agreements and mitigate potential risks.
Our team are resourced to deliver thorough contract reviews, providing you with clear and timely advice so that you can move your design and construction projects forward. We understand the importance of unambiguous terminology to create contracts that are practical and usable working documents for all parties. We can assist you with initial contract reviews, where we take a detailed approach to identifying risks, providing advice and recommendations to you and guiding you through contract departures negotiations with other parties, right through to agreement and execution.
Our team is experienced in standard-form design and construction contracts such as AS 4000 and AS 4902. We have an in-depth understanding of drafting amendments and special conditions that are tailored to your project needs and take into account the latest changes in legislation and case law.
For the times when you require a bespoke contract solution, we offer custom design and construction contracts that include terms and conditions that are tailored to your project needs and interests. Our clients benefit from our firm’s decades-long experience in this practice area and commitment to constant iteration and improvement in line with current legislation and most recent case law.
We can assist in drafting, reviewing and negotiating multi-party agreements to ensure efficient and transparent working relationships between the different stakeholders of your construction project. From tender and procurement, to deeds of release, we are equipped to guide our clients through start to finish construction cycle.
We can assist in drafting, reviewing, and negotiating multi-party agreements to ensure efficient and transparent working relationships between the different stakeholders of your construction project. We provide services in drafting, reviewing and negotiating tripartite agreements, including deed and sub-contractor agreements, to ensure efficient and transparent working agreements between different stakeholders of your construction project. From tender and procurement, to deeds of release, we are equipped to guide our clients through the construction cycle from start to finish.
Our front-end contracts team is up to date with the Design and Building Practitioners Act 2020 and the common law interpretation of the Act, particularly in the context of the application to commercial projects, directors of construction companies and design consultants personally. Our front-end construction team is well-versed in ensuring that our client’s design and construction contracts are drafted to incorporate the requirements of legislation and the most recent case law to clarify the role, duties, and statutory obligations of design and building practitioners.
On the back-end, our team handles construction disputes and regulatory compliance matters. We have a strong track record in resolving construction disputes efficiently and effectively.
Our firm delivers efficient and timely advice to clients concerning delay damages claims by preparing and enforcing notices under contract. Our meticulous approach involves research and analysis of key indicators to navigate the complexities of variations, helping clients pursue compensation for additional costs and losses incurred. Our expertise ensures that clients can confidently handle delay damages claims and seek fair resolution for construction project delays and damages.
Our firm delivers efficient and timely advice to clients concerning delay damages claims by preparing and enforcing notices under contract. Our meticulous approach involves research and analysis of key indicators to navigate the complexities of variations, helping clients pursue compensation for additional costs and losses incurred. Our expertise ensures that clients can confidently handle delay damages claims and seek fair resolution for construction project delays and damages.
We advise and assist principals, builders and subcontractors that are seeking to resolve disputes arising during the term of building contracts. Our team is experienced in advising on extensions of time, delay, variations, payments, and other ancillary disputes which can arise during a construction project. This can occasionally give rise to the need for clients to either issue or respond to show cause notices under a building contract. We are meticulous in preparing such notices and ensure that our clients are advised of any risks associated with actioning their rights under building contracts that arise from issuing or receiving show-cause notices.
We adopt a commercial and pragmatic approach to all disputes and assist our clients in identifying and resolving the real issues in dispute between the parties. At the forefront, we focus our efforts on understanding our client’s objectives and seeking to achieve those objectives in the context of a dispute expeditiously and cost-effectively. This routinely means exhausting attempts to resolve a matter before seeking Court or Tribunal intervention. We are dedicated to providing succinct and timely advice to our clients in respect of all SOP Act claims.
If litigation becomes unavoidable, our team has a record of success in acting on all sides of the ledger (developer/principal, builder and subcontractor) in connection with all facts of building and construction litigation, in the Tribunal, District and Supreme Courts of NSW. We work with a panel of trusted and tested barristers and experts in seeking to achieve commercial and pragmatic solutions to complex claims.
Our specialists advise some of Australia's top developers, project home builders, principals, contractors and service providers on projects, including major infrastructure projects, residential and mixed-use, child-care centres, hotels and commercial developments.
AFTER THE COMPLETION OF A PROJECT, WE CAN ASSIST ON:
Our commercial litigation and construction divisions are well equipped to run disputes under contract for all parties involved from both a contract law and common law basis and have had significant success in both prosecuting and defending such claims. We adopt a forensic and measured approach to all contract disputes to ensure our clients are well placed both at law and commercially / strategically in navigating through the process of litigation.
Our team are experienced in respect of all stages of the SOP Act claim process, including in relation to the drafting of payment claims, payment schedules, adjudication applications and adjudication responses. Our intricate knowledge of the construct of the SOP Act enables us to ensure our clients strictly comply with the SOP Act when preparing such documents, in addition to identifying circumstances where our opponent has not complied with a particular provision which enables us to raise juridical objections.
We frequently assist our clients in navigating the quickest, cheapest and most expedient options available to them when seeking to enforce SOP Act determinations. This often requires us to ensure our clients understand the “interim” nature of SOP Act determinations and the risk of further claims arising under contract, which can occasionally impede the enforcement process (particularly in the context of statutory demands and wind-up applications).
We are well equipped in both prosecuting and defending statutory warranty claims and are cognisant of the various issues, including in respect of limitation periods and the distinction between major and non-major defects. We are also experienced in dealing with other claims that can arise from statutory warranty breaches, including those brought by the Building Commissioner of NSW via “Project Intervene”.
Our team is up to date with the ongoing changes to the Design and Builders Practitioners (DBP) Act 2020 and the common law interpretations of the Act, particularly in the context of the Act’s application to directors of construction companies and design consultants personally. We act and assist clients in both prosecuting claims under the DBP Act as well as defending claims that are brought against them.
At Madison Marcus, we recognise the importance of collaboration and teamwork. Our Construction and Infrastructure division works seamlessly with other departments within our firm, such as leasing, dispute resolution, strata, planning and property law, to provide our clients with comprehensive and integrated legal services.
FOREIGN DIRECT INVESTMENT
Our team also provides a full suite of legal services for investments in Australia, ensuring our clients’ investment pursuits are fully informed, complete and confident.
We navigate the complex legal framework of Australia, by tackling Foreign Investment Policy, ever-changing legislation and the Federal Treasury, along with the Foreign Investment Review Board. Through leveraging exisiting relationships and partnerships, we are often asked to identify opportunities in Australia for overseas investors.
“I have left China with more information and opportunities than what I could have foreseen. You have something really amazing with the network via the Grand Compass Law Alliance and I am extremely glad that I listened to your advice. Thanks isn’t enough to show our gratitude, but it will need to suffice for now. I do hope to do more with your firm going forward.”
SHARIN DE SILVA | MANAGING DIRECTOR
Allied Dental | allieddental.com.au
ASIA ADVISORY
Madison Marcus is the only Australian representative firm in the prestigious Grand Compass Law Alliance of China (GCLA), establishing close partnerships with top-tier legal firms across various Chinese provinces. With unwavering support from Australian local and state governments, we have cultivated an extensive network in China, where the power of relationships is paramount. This unique advantage allows us to utilise our trusted profile and conduct thorough, discreet due diligence, providing our clients with unparalleled legal advice at the highest level.
Our track record encompasses diverse cross-border legal matters, including tax registration, comprehensive due diligence for companies and individuals, KYC checks, compliance with anti-money laundering provisions, joint venture projects, and mergers and acquisitions. Collaborating closely with our esteemed GCLA partners, we ensure optimal cross-border legal service delivery.
At Madison Marcus, we recognise that navigating immigration processes is crucial for individuals and businesses seeking global mobility. Our unrivalled presence in the GCLA, combined with our strategic alliances and extensive experience, enables us to offer a comprehensive suite of immigration services. With an emphasis on efficiency, compliance, and successful outcomes, we provide expert guidance on visa applications, compliance audits, and relocation support. Our deep understanding of immigration laws and commitment to staying abreast of the latest regulations ensure we can offer tailored solutions to meet our client's needs.
By choosing Madison Marcus as your trusted legal partner, you gain access to a distinguished network, a wealth of knowledge, and a reputation built on excellence. We empower our clients with the confidence and insight they require to navigate the complexities of international business and immigration seamlessly.
ENVIRONMENTAL, SOCIAL & GOVERNANCE | SUSTAINABILITY
Our team members have worked with multi-national clients such as Amazon, Red Hat and Fujitsu on the harmonisation of their policies and sustainability disclosure to satisfy the regulatory obligations across multiple jurisdictions. We have also advised product manufacturers/distributors and fund managers in the face of increased scrutiny by ASIC and the ACCC on the sustainability marketing of consumer and investor facing entities. This includes assisting large product distributors in responding to inquiries from major retailers for evidence to support their marketing claims and satisfy the retailers’ supply chain due diligence requirements as “reporting entities” under the Australian Modern Slavery Act 2018 (Cth).
Commercially minded and pragmatic, Madison Marcus’s ESG/ Sustainability division advises on a full range of corporate governance and ESG issues, working closely with our clients’ boards, management, finance and legal teams to provide bespoke services on constantly evolving legal and regulatory issues with a distinct focus on stakeholder engagement. We have a broad range of expertise and experience in advising corporate entities, from their initial compliance measures to assessing the impact of their operations and their supply chains, mitigating any harmful impacts, expanding positive impacts and fulfilling reporting and compliance obligations regarding the aforementioned.
Eric Boone leads the ESG & Sustainability division and has significant experience in advising on ESG strategy, reporting, compliance, remediation, and legal agreements for corporate entities both in Australia and overseas. As a division, the team is client-centric, focusing on innovation to meet our clients’ needs cost-effectively for better use of their limited resources and time constraints.
OUR ESG DIVISION CAN ASSIST WITH THE FOLLOWING:
The division is deeply immersed in the constantly evolving ESG space and remains up to date across the growing number of standards and guidelines provided by the international community, including the European Union Taxonomy for Sustainable Activities, Sustainable Finance Disclosure Regulation, the Taskforce on Climate-related Financial Disclosures, Climate Disclosure Standards Board and the International Sustainability Standards Board.
We offer clients a range of services including advisory work, training in ESG-related issues and preparing governance policies, presentations at the board level, strategy formulation, advising on contractual undertakings and indemnities and liaising with regulators such as the ABF, ASIC and ASX.
Our core principle is to empower our clients through holistic engagement to help simplify the complicated and dynamic ESG landscape. Our outcome-orientated strategy delivers cost certainty, transparency and enhanced risk management.
INTELLECTUAL PROPERTY
In today’s world, understanding, managing and commercialising the intellectual property (IP) that your business generates is crucial to maintaining a competitive advantage. Our intellectual property experts are ideally placed to ensure your business IP is protected, managed and optimised to your advantage.
At Madison Marcus, our IP division forms parts of our commercial practice, which has over 25 years of experience.
WE ARE ABLE TO ASSIST OUR CLIENTS IN ALL AREAS OF IP LAW, INCLUDING:
The firm has acted for clients in the registration of Patents and the lodgement of Trademarks in Australia and other overseas jurisdictions. We have obtained “Anton Pillar” orders in Australia where the IP of a business has been misappropriated and have acted for many clients in the preservation of brand integrity in Australia.
The firm’s depth of skills in IP includes access to capital for businesses through our contacts in the Angel Investor and Private Equity area. We understand the unique features of IP assets and how best to help businesses capitalise on the IP it creates.
MERGERS, ACQUISITIONS & CORPORATE
We have an acute understanding of the corporate world and recognise the landscape's considerable time constraints and demands. We take the time to immerse ourselves in our clients’ businesses to ensure we exceed expectations.
Our focus is predominantly on private mergers and acquisitions (M&A), general corporate advisory and general commercial matters.
Our team advises on an extensive range of M&A and Corporate matters in all industries, focusing on real estate, construction, development, hospitality, childcare, biometrics, finance, media, entertainment, human resources, and technology.
We have advised and acted for transnational and domestic corporations, small and medium-sized enterprises, high-net-worth individuals, private equity firms and investment banks.
We work as a direct part of our client’s teams to enable us to fully recognise and achieve the objectives and overcome the hurdles facing our clients on each particular matter.
We pride ourselves on providing fast, succinct and effective services throughout the complete transaction process to ensure our clients receive high-quality, commercial and personalised service, allowing them to achieve their goals within the desired timeframes.
Our team has received recognition from its peers in the industry, as evidenced by the following the win of 2022 Commercial Partner of the Year and nominations in the Dealmaker of the Year category at the Australian Law Awards:
+ Ramy Qutami – 2017- Finalist
+ Benoir Bayssari – 2018- Finalist
+ Ramy Qutami – 2022- Finalist
+ Benoir Bayssari – 2022 - Winner
COMMERCIAL LITIGATION
Led by John de la Hoyde, with the valuable assistance of David Low, our General Counsel with over 25 years of experience, our expert commercial litigation team brings a wealth of knowledge to the table. We have extensive experience representing clients in all state courts as well as all Commonwealth courts. Our team is skilled in handling matters of varying degrees of complexity, and we are well-equipped to assist clients in a wide range of areas, including, but not limited to, the following:
We have extensive experience in advising and acting for clients seeking to recover debts owed to them by third parties and ensure that our clients are well-informed of any risks associated with the recovery process, the timing of such recovery (including alternatives to litigation) and ensure our clients are best placed to make commercial decisions when pursuing debtors for the recovery of debts.
Our team has extensive experience in advising clients to navigate and defend claims brought against them seeking to enforce mortgages in default and all other forms of financial and loan facilities.
We have extensive experience across all facets of contract law, including equitable remedies and claims that arise in contract disputes. We act for clients in relation to contract disputes across a vast array of industries, including construction, property, hospitality, and retail. We ensure that all the correct steps and measures are taken when a dispute emerges to position our clients well if disputes cannot be resolved commercially.
Our team acts for clients across various industries in disputes arising between parties, shareholders and directors of proprietary companies. We assist our clients in formulating and actioning carefully crafted strategies to ensure that their rights are protected and that they are well-placed if such disputes cannot be resolved. We are experienced in both prosecuting and defending claims under s233 of the Corporations Act as well as derivative claims and ensure that our clients do not fall into dangerous territory when they seek to look after their own interests as well as the interests of a partnership or a proprietary company as a whole.
We assist our clients in formulating and actioning carefully crafted strategies to protect their rights and ensure they are well-placed in delicate joint ventures if such disputes cannot be resolved.
Our team has extensive experience in acting for both vendors and purchasers in connection with disputes which arise pursuant to contracts for the sale of land, including (but not limited to) in relation to matters such as misrepresentations, delay, misdescriptions concerning the state and condition of the subject property, notices to complete, notices to perform, termination and rescission rights, exercising rights or complying with obligations under contract special conditions, and rights of recovery following a repudiation or termination of a contract. We are well-versed in the relevant legislation governing the acquisition and sale of real property. We apply our knowledge of the legislation, the common law and our commercial experience to provide our clients with sound and informative advice. We are focused on our client’s strategic interests and prospects when disputes arise while remaining mindful of litigation conduct should disputes cannot be resolved commercially.
Our team is well equipped to advise and act for clients in connection with disputes which arise between parties to option agreements concerning the acquisition of land. We are across all of the legislative requirements concerning the drafting and execution of option deeds and are up to date with the common law interpretation of those requirements.
We advise and act for clients on both sides of the ledger, including creditors seeking to pursue debts and left with a choice as to whether or not to wind the debtor up in insolvency, and debtors seeking to defend wind up proceedings or creditor's petitions or otherwise seeking advice as to whether or not to take such steps voluntarily. We work with a panel of trusted liquidators, trustees, and insolvency advisors, to ensure our clients are presented with viable options, and they are well-placed to make informed decisions about what choice is best for them. In providing such advice to debtors, we ensure they are aware of the risks associated with voluntary or involuntary insolvency, including the restrictions and hindrances they might cause on everyday life as well as potential claims under the Bankruptcy Act or Corporations Act which can arise by reason of the insolvency or bankruptcy. We also work closely with liquidators and trustees in pursuing actions against wrongdoers for their conduct which has detrimented the insolvent proprietary company or the bankrupt.
We have extensive experience in acting for parties in litigious disputes concerning the construct, formation and management of trusts by reference to both written trust deeds as well as equitable trusts, which can arise by reference to the conduct of parties.
We have vast expertise in seeking and defending applications for injunctive relief, including freezing and search orders. Our team is well equipped to do all things necessary to prepare pleadings and evidence and approach the Court to seek urgent orders which either restrain an act from occurring or compel a party to engage in certain conduct. We ensure that all pre-emptive steps the Court expects in relation to injunctions are taken prior to the commencement of proceedings and ensure that our clients are aware of the risks, shortfalls and requirements of urgent applications before an application is made to enable our clients to make informed decisions about whether or not to pursue an action on an urgent basis.
We advise and act for a variety of corporate clients across an array of professional industries in relation to disputes which arise by reference to intellectual property breaches, including breach of copyright and trade mark breaches. More recently, we acted for a residential builder whose architectural plans and drawings were stolen by a trusted partner and used to build a large number of residential homes in NSW. Proceedings were commenced in the Federal Court of Australia and a short time prior to the hearing, our client commercially resolved the dispute on terms favourable to it during the course of a mediation.
We have extensive experience in acting for clients who have suffered loss and damage by reason of the negligence of professional advisors, including accountants and solicitors, and have a high success rate in running such matters, whether that be by way of a commercial resolution or in some cases, by running the matter to trial. We are acutely aware of the complexities which arise in connection with professional negligence claims, such as proving causation (i.e. proving a nexus between the conduct of the professional advisor and the loss and damage suffered by the client) and working with independent experts, including forensic accountants, in calculating the loss and damage suffered by the client by reason of the conduct of the professional advisor.
We advise and act for a number of high profile clients who have been the subject of false publications (whether through media or other social media forums) amounting to defamation and assist clients in (1) seeking a commercial resolution which can typically involve public apologies, the removal of impugned publications and payment of compensation; and (2) if necessary, commencing proceedings against the wrongdoer pursuant to the Defamation Act.
We have advised and acted for a number of professional athletes across a number of professional sporting codes including Rugby and Rugby League in relation to commercial disputes with various stakeholders (including player agents) as well as in relation to disciplinary proceedings against the player for violation of player rules and codes of conduct. We have also advised and acted for other stakeholders across a number of professional sporting codes, including player agents and both player and player agent associations and committees in regard to litigious matters as well as other non-contentious matters including the negotiation of updated codes and practices.
IIN MATTERS INVOLVING DEBT RECOVERY, WE MAKE CERTAIN TO ESTABLISH:
When disputes arise, it is imperative prospective claimants pursue cause(s) of action against the correct prospective defendant(s). This line can be blurred in circumstances where, for example, disputes arise between shareholders or business partners but ultimately the party that suffers loss is a proprietary company which ultimately owns and operates the business. We assist our clients in ensuring that it litigation is pursued, the correct defendants are named and pursued by the claimant who has suffered the loss and damage.
An important consideration for all creditors prior to incurring legal fees in pursuing a debt or a cause of action is prospects of recovery from the prospective defendant(s), which includes whether the prospective defendant(s) own assets (including real property) and whether those assets are encumbered, earn income, or are otherwise entitled to current or future distributions as beneficiaries to trusts or estates or dividends as shareholders of proprietary or publicly listed companies. We assist our clients in being able to ascertain their prospects and likelihood of recovery on success in obtaining a judgment against prospective defendant(s) early on to enable our clients to make informed, commercial decisions about whether or not to pursue a cause of action against the prospective defendant(s).
If a negotiated settlement cannot be reached, we can pursue recovery of a judgement debt on your behalf through writ execution, garnishee orders, enforcing bankruptcy of individuals and liquidation of companies at an early juncture to ensure assets are not dissipated to defeat creditors.
We offer an efficient and value-based service to pursue or defend claims on your behalf.
Our team has substantive knowledge and an in-depth understanding of court procedures gained from years of experience. We ensure clients are fully informed of the prospects of success and provide an accurate fee estimate before commencing any litigation and at all stages thereafter.
DISPUTE RESOLUTION
Our Dispute Resolution Division is led by Director John De La Hoyde, a recognised legal expert by "Best Lawyers: One's to Watch" for Litigation and managed by Ramy Qutami, Madison Marcus Managing Director. Our team comprises some of Australia's most skilled and trusted lawyers specialising in protecting our client's interests throughout the entire dispute resolution process. With expertise in pre-litigation negotiations, legal proceedings before Australian Courts and Tribunals, and a commitment to excellence, we are dedicated to achieving the best outcomes for our clients.
At our Dispute Resolution Division, we offer comprehensive services to assist clients at every stage of a dispute. While we are well-equipped to provide expert assistance at any point, we strongly recommend engaging our services as early as possible. Early involvement often provides clients with a wider range of options and enables us to proactively identify risks and develop effective strategies to avoid or minimise potential threats.
DISPUTE SERVICES INCLUDE:
Our team advises clients on various courses of action available, outlining the advantages, disadvantages, and associated legal costs. By providing a comprehensive understanding of the available options, we empower clients to make informed decisions.
We prioritise risk management and offer proactive solutions to mitigate potential risks. Through thorough analysis, we identify potential threats and advise clients on strategies to minimise or avoid them altogether.
To enhance cost certainty and transparency, we offer fixed prices whenever possible. By providing upfront awareness of costs, we ensure clients have a clear understanding of the financial aspects of their dispute resolution process.
We assist clients in avoiding disputes and litigation by meticulously reviewing their contracts and representing them during contract negotiations. Our aim is to establish robust agreements that minimise the likelihood of future conflicts.
Our dedicated team understands the importance of timely resolutions. Regardless of the complexity or nature of the dispute, we strive to achieve the best possible outcome for our clients within reasonable timeframes.
The Dispute Resolution Division comprises a team of accomplished lawyers who are committed to safeguarding our client's interests. Through leadership and expertise, we have the knowledge and experience to handle a wide range of issues requiring dispute resolution.
The Value of Adding More Legal Services to Your Business
Multi-Disciplinary Perspectives Can Enhance Learning and Innovation
BANKING & FINANCE
Commercially minded and pragmatic, Madison Marcus’s Banking and Finance division advises and employs a full range of finance capabilities across corporate, real estate, project and structured finance transactions. We have extensive experience advising major corporates, domestic and foreign banks, alternative lenders, investment banks, other financial institutions, intermediaries and trustees/agents.
Eric Boone leads the Banking and Finance division with Managing Director Bechara Shamieh; both have significant experience in project financing, bilateral and syndicated banking facilities, leveraged financing, capital market transactions and securities regulatory matters for many of the world’s leading banks. As a division, the team is client-centric, focusing on innovation to meet our clients’ needs cost-effectively for better use of their limited resources and time constraints.
OUR BANKING AND FINANCE DIVISION CAN ASSIST WITH THE FOLLOWING:
The division has an astute understanding of capital markets, bank finance and the intersection of the two with services and products such as the Term Loan B market. Our experienced team has collectively worked with some of the largest commercial and investment banks and private equity firms in Australia and internationally.
With decades of experience in complex and high-value transactions, we ensure that our clients, whether borrowers or lenders, consistently receive the highest quality service. You can trust our team to work alongside your team in a coordinated manner to deliver consistent results in the expected timeframes. The division has Australian and US law capabilities on the ground in our Sydney office and has broad experience in working in cross-jurisdictional matters. We can assist in coordinating advice across multiple jurisdictions in a timely and cost-efficient manner.
We offer a full suite of loan and security documents of the highest calibre. All documents can be adapted and tailored to your needs and are reviewed and revised on a regular basis to ensure their ongoing consistency with market precedent and regulatory regimes. Together with our Real Estate division, experienced property lawyers and paralegals, we have a deep bench to assist in respect of property finance and property-backed lending.
Our core principle is to empower clients through a fresh approach and constantly leverage our knowledge and experience to provide commercial and innovative solutions. Our outcome-orientated strategy delivers cost certainty, transparency and enhanced risk management.
FINANCIAL SERVICES & COMPLIANCE
The Financial Services & Compliance team boasts more than two decades of collective experience in financial and corporate regulation, stemming from roles as in-house counsel within prominent financial service firms and successful tenures in private practice. This team specialises in delivering comprehensive solutions for legal, compliance, and risk management needs, addressing the extensive regulatory requirements imposed by ASIC, AUSTRAC, and APRA, alongside privacy and data protection obligations.
Our expertise extends to a wide spectrum of financial services regulatory intricacies. We facilitate license applications and variations, navigate compliance and regulatory audits, and expertly handle ASIC relief applications. Furthermore, we excel in crafting precise disclosure documents and agreements, conducting thorough reviews of contracts (taking particular care of your obligations about unfair contract terms), and offering commercially focused advice on company structures and financial prerequisites. Our expertise also encompasses the development of distribution models, compliance with complex financial product regulations, and adherence to all your compliance obligations including AML/CTF, privacy, data protection and cybersecurity.
In addition to these services, we provide adept support for scheme documentation, including constitutions and compliance plans, and offer documents with proficiency in scheme registration and deregistration processes. Moreover, we are steadfast partners when clients encounter regulatory investigations and enforcement proceedings. Our assistance includes breach notifications, handling ASIC compulsory production notices, representing clients in ASIC hearings, and navigating enforceable undertakings. Our extensive experience empowers our clients to navigate the intricate regulatory terrain seamlessly.
OUR FINANCIAL SERVICES DIVISION CAN ASSIST WITH THE FOLLOWING:
We assist reporting organisations with all aspects of compliance under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act).
Our network with the GCLA allows us to assist Australian clients in conducting due diligence work on key Chinese companies, individuals and other organisations prior to entering into prospective business ventures. Members of the alliance are all highly distinguished law firms, each with extensive knowledge tailored to their respective provinces.
AML/CTF COMPLIANCE SERVICES INCLUDE:
INSURANCE LAW
Our team of lawyers has extensive experience in life and general insurance, and we are committed to providing our clients with the highest quality legal representation. We have a deep understanding of the insurance regulatory environments and are experienced in working with a wide range of insurers, including domestic and international insurers, brokers and advisers. We are experienced in dealing with all stakeholders, including risk and compliance, product, underwriting, claims, complaints and in-house legal teams.
WE OFFER A WIDE RANGE OF SERVICES TO OUR CLIENTS, INCLUDING:
INSURANCE TYPES:
Our team has extensive experience working at life insurers handling all legal areas of the business, including managing stakeholders, advising on governance and regulatory compliance, drafting contracts and PDSs, managing complaints and claims, advising on distribution, and handling disputes and litigation. We are committed to providing our clients with the highest legal representation in all life insurance matters.
Our team has extensive experience advising on drafting and interpreting insurance contracts, handling insurance claims, negotiating with insurers, and litigating insurance disputes in court and arbitration. We have a deep understanding of the insurance regulatory environment and are experienced in working with a wide range of insurers, including domestic and international insurers. We handled all legal areas of the business, including contract drafting, managing claims, governance, regulatory compliance and advising on distribution.
We act as strong advocates for our clients throughout all stages of the claims process. Our skilled team provides bespoke guidance and support, protecting our client's rights and interests. We meticulously review insurance policies, interpret complex terms and conditions, and navigate the intricate landscape of regulatory requirements. By leveraging our expertise, we help clients understand their position and make strategic decisions.
We have 15 years of experience acting for clients involved in dispute resolution, both internal dispute resolution (IDR) and external dispute resolution (EDR), including through the Australian Financial Complaints Authority (AFCA) and litigation. Our focus is on insurance, advisers and brokers, and wealth management.
GLOBAL MOBILITY & IMMIGRATION
We are a leading specialist in global mobility services, with over 40 years of experience helping national and multinational clients navigate Australia’s ever-changing policies and procedures. We can help safeguard your business with strategic advice at a management level and advice to individuals regarding visa processing.
Our many years of experience mean we understand how decision-makers assess applications and are strategic and proactive in our approach and advice. We specialise in assisting employers and their staff by bringing clarity and direction to a traditionally complex and perplexing immigration system.
The solutions we provide consider all the available options and get to the heart of your needs in the most straightforward manner possible.
In addition to facilitating smooth, responsive and timely visa applications for your team members and their families, we design systems that streamline the visa application process and ensure compliance at every stage.
WE CAN DELIVER OUTCOMES AND SERVICES ACROSS THE FOLLOWING:
Provide initial advice and guidance on immigration options and eligibility criteria.
Assist with preparing, submitting, and monitoring visa applications for individuals or businesses.
Offer expertise in various visa categories, including skilled migration, family visas, student visas, work visas, business visas, and more.
Evaluate an individual's eligibility for different visa options and provide recommendations accordingly.
Ensure compliance with immigration laws and regulations throughout the application process.
Represent clients in appeals and review processes if their visa applications are denied or face other adverse decisions.
Handle administrative tasks related to immigration matters, such as communication with immigration authorities and filing required forms.
Assist businesses in sponsoring foreign workers and navigating the relevant sponsorship programs and requirements.
Conduct audits for employers to ensure they meet their obligations under immigration laws and regulations.
Aid in the staged application process for individuals seeking Australian citizenship.
Provide legal representation and assistance for individuals seeking protection or asylum in Australia.
Represent clients in appeals before the AAT for migration-related matters.
Assist with applications and represent clients in reviews before the MRT.
Offer representation and support in seeking judicial review of immigration decisions through the courts.
Provide comprehensive immigration services for character issues, visa refusals or cancellations, or deportation and removal proceedings for individuals and businesses navigating Australian immigration laws.
We offer a unique combination of employment, tax and immigration experience, which provides Madison Marcus with a deep understanding of the complex factors involved in global mobility and immigration. We leverage our insights to provide clients with strategic and tailored advice that meets their needs.
EMPLOYMENT LAW
Our employment division takes an outcome-based approach to provide cost-effective solutions to clients on both sides of the workplace relationship. We are specialists in all aspects of employment law, industrial relations matters, and commercial and contractual issues that impact businesses today.
The nature of legislation in the area of employment law and occupational health and safety means that it is subject to ever-changing Australian labour laws and the complexities of the Fair Work Act. For this reason, businesses today have come to rely on legal advice from experts who deeply understand this area of the law.
Our team of employment law and workplace relations lawyers can help you understand your responsibilities and obligations in relation to the relevant legislation.
We work with you to understand your business and the industry in which you operate, to ensure compliance with legislation, as well as providing strategies to help minimise the risk of employment disputes.
THE SERVICES PROVIDED BY MADISON MARCUS IN RELATION TO EMPLOYMENT LAW INCLUDE:
The Madison Marcus team assists businesses in navigating the complex process of staff terminations while ensuring compliance with the Fair Work Act, relevant awards, Enterprise Agreements, contracts and regulations. The firm provides guidance on best practices to minimise and mitigate potential legal risks. Through our approach, we ensure you and your representatives are able to conduct terminations that comply with the rule of fairness and are done in a respectful manner.
With extensive experience and history navigating the complexities of General protections and adverse action. Madison Marcus Employment Division has a significant background in preparing employer response documents and representing employers in conciliations and hearings. We robustly defend your claim while maintaining a commercial and cost-effective approach and acumen.
Our firm is able to provide you with expert guidance on achieving and maintaining compliance with State and Commonwealth workplace health safety legislation, including, but not limited to, the Work Health and Safety Act 2011 (NSW).
We can assist you in developing robust safety policies, conducting audits, undertaking investigations and implementing proactive measures to reduce workplace accidents and injuries.
Our firm is well-equipped to conduct thorough investigations into workplace accidents, incidents, and complaints. We can assist by conducting comprehensive risk assessments to identify potential hazards and compliance gaps, helping you proactively address safety concerns.
In the event of legal disputes or enforcement actions, we will provide robust legal representation and support, including acting on your behalf in litigated occupational health and safety matters.
We ensure that you meet all reporting and compliance obligations.
Our effective strategies for resolving workplace disputes, whether they involve employees, management, or other stakeholders. Madison Marcus can help businesses manage conflicts and assist in maintaining a harmonious work environment, thus reducing the likelihood of oversight and potential legal complications.
Our firm offers tailored advice and representation for employers facing Worker's Compensation claims. We are able to guide clients through the complex claims process, ensuring that the insurer adequately protects their interests.
We assist clients through a process by undertaking a complete review of their employment contracts, ensuring they are legally sound and aligned with the business's priorities and objectives. We help create clear and comprehensive contracts that protect both the employer and the employee.
The navigation of the legal aspects of contractor engagement can be challenging. With our tailored advice and approach, we provide guidance on correctly classifying workers as employees or contractors, drafting contractor agreements, and ensuring compliance with the relevant state or federal legislation.
We fully appreciate that understanding complex industry awards is crucial to ensuring fair compensation and compliance. The firm provides you with assistance in interpreting and applying relevant industry awards to guarantee accurate remuneration and adherence to legal standards.
Through our clear-cut approach, Madison Marcus supports businesses in understanding and navigating the ever-evolving landscape of employment legislation. Our specialists provide insights into how new laws and regulations impact businesses of all sizes, ensuring compliance and reducing potential liability and legal risks.
We cater to businesses by developing comprehensive employment policies that address various aspects of the employer-employee relationship. Our team ensures policies are up-to-date, legally compliant, and aligned with industry best practices.
In the event of a SafeWork investigation or prosecution, our experienced legal team is well-versed in defending your organisation against allegations of safety violations. We strategise meticulously, leveraging our knowledge of relevant laws and precedents to protect your interests and minimise the risk of reputational damage.
If your business becomes a defendant in a SafeWork prosecution, we are able to assist you by providing timely advice, assist in undertaking thorough investigations and appearing on your behalf in response to the prosecution.
We offer training programs and workshops designed to empower employers with knowledge about workplace safety best practices, regulatory compliance, and risk mitigation. Our goal is to equip your team with the tools needed to develop a safe and compliant work environment.
- Restraint of trade disputes for employers/employees
- Misuse of confidential information
- Investigations into unions in relation to compliance with awards
- Workplace Health and Safety investigations
- Occupational Health and Safety Investigations
- Advising on Enterprise Bargaining Agreements
- Policy and procedures advice relating to emails, internet usage, sexual harassment, termination for misconduct and other matters
LEADING EMPLOYMENT LAW AND WORKPLACE RELATIONS LAWYERS
Ramy Qutami, Theresa Armstrong, an Accredited Specialist, Benoir Bayssari, Anthony Malouf, and Michael Short are experienced employment lawyers who lead a team of experts in all aspects of employment law, industrial relations, and commercial and contractual issues. They take an outcome-based approach to provide cost-effective solutions to clients on both sides of the workplace relationship.
We understand that every workplace is different. That is why we work with you to develop the right policies and procedures for your business to ensure that both you and your employees are protected and your commercial objectives realised.
RESTRUCTURING & INSOLVENCY
Madison Marcus acts for clients in all facets of restructuring and insolvency. In particular, we act for companies that need assistance in restructuring pursuant to the Corporations Act or informally. Our firm also advises domestic and international hedge funds as well as Australia’s leading insolvency practitioners.
In the present market, there are more opportunities for companies to obtain finance from non-bank lenders (some of which are eager to take equity positions in Australian companies). Therefore, we are perfectly placed to assist and facilitate Australian companies and funds who intend to expand or obtain an injection of fresh money/equity.
OUR BANKING AND FINANCE DIVISION CAN ASSIST WITH THE FOLLOWING:
Our team members have been recognised as leading insolvency practitioners in the Asia Pacific region by Chambers Global Directory and the Legal 500 Directory.
TAX
Businesses today operate within a complex matrix of federal and state taxation and superannuation laws. Madison Marcus has a dedicated tax division that keeps up to date with the latest legislation changes and offers clear, practical, cost-effective advice and solutions to achieve the best possible outcomes.
Our tax team has over 20 years of experience in tax, trusts, superannuation and property. We provide a wide range of tax services to businesses of all sizes, including:
We help businesses to structure their affairs in a way that minimises their legal tax liability.
We ensure that businesses are compliant with all relevant tax laws and regulations.
We represent businesses in tax disputes with the Australian Taxation Office (ATO).
We provide businesses with advice on a wide range of Goods and Services Tax (GST) and tax-related matters.
Our tax division is committed to providing our clients with the highest quality of service. We are always up-to-date with the latest tax laws and regulations and are eager to help our clients achieve their financial goals.
ENTERTAINMENT, SPORTS & MEDIA
Madison Marcus offers specialised legal services to high-profile individuals, brands and organisations in the sports, entertainment and media industries. Our lawyers understand the complex operating framework and regulatory environment affecting these unique industries and provide expert advice that can help protect and maximise your personal brand's value.
Madison Marcus is a trusted advisor to some of Australia’s prominent high-profile athletes, sporting clubs and associations, film and television personalities and media brands.
Our lawyers provide reliable and succinct commercial advice in all sports law areas, particularly concerning contracts, licensing, sponsorships and endorsements, intellectual property and media rights.
We also provide expertise into issues of integrity, including on and off-field behavioural misconduct and investigations into Anti-Doping proceedings involving the Australian Sports Anti-Doping Authority (ASADA) and the World Anti-Doping Agency (WADA). We represent clients in a range of regulatory and disciplinary proceedings, including independent sporting tribunals, judiciaries and the Court of Arbitration for Sport.
WE CAN ASSIST PROFILE CLIENTS WITH:
We can act in a crisis relief role and provide advice that covers your legal needs as well as supports you in relation to your public relations requirements in situations that demand more than just a legal approach. Where required, our lawyers engage experts who provide the highest quality strategic and practical advice to develop and maintain positive brand association and ensure long-term success.
In addition to a team of lawyers experienced in sports, entertainment and media, Madison Marcus has established relationships with industry leaders and influencers in the Australian media and PR landscape.
FAMILY LAW
We understand that family law is profoundly personal and emotionally charged and demands the utmost care and professionalism. Handling matters with sensitivity and expertise becomes even more crucial when children are involved.
Our dedicated division of family lawyers is committed to working closely with you to guide you towards a suitable outcome while minimising the legal impact, financial burden of legal fees and emotional distress that often accompanies lengthy disputes.
In every case we handle, our goal is to achieve positive results that prioritise the well-being of your family.
OUR COMPREHENSIVE FAMILY LAW DIVISION IS EQUIPPED TO ASSIST YOU IN A WIDE RANGE OF MATTERS AND CRITICAL AREAS, INCLUDING:
With years of experience and a strong reputation for delivering successful outcomes, we have become the trusted choice for countless clients facing family law challenges. We believe in providing holistic support and facilitating introductions and access to a diverse range of community programs and funding, as well as referrals to other professional services, such as:
WILLS & ESTATE PLANNING
SECURE YOUR LEGACY AND SAFEGUARD YOUR ASSETS FOR FUTURE GENERATIONS
At Madison Marcus, we understand that effective estate planning is essential to securing your legacy and safeguarding your assets for future generations. We also understand that your wishes, family dynamics, financial structures, and legal considerations all play a vital role in crafting a comprehensive estate plan that reflects your unique circumstances.
That's why our experienced team of estate planning experts will guide you through a meticulous analysis process, considering your assets, liabilities, and the ever-evolving landscape of laws, including taxation and superannuation. Through personalised consultations and tailored advice, we will confidently help you navigate the complexities of estate planning.
With your input, we will craft a bespoke estate plan that aligns with your testamentary intentions. We provide a dynamic blueprint that translates into a suite of methodically drafted documents and instructions, including wills, testamentary trusts, powers of attorney, and enduring guardianship arrangements. Each document is carefully designed to maximise the impact and effectiveness of your estate plan, ensuring that your assets and interests are protected for generations to come.
OUR EXPERIENCED ESTATE PLANNING TEAM CAN HELP YOU WITH:
- Draft and create legally binding wills.
- Establish testamentary trusts to manage assets and distribute wealth according to your wishes.
- Ensure that your will and testamentary trusts are valid and enforceable.
- Minimise estate taxes and maximise asset protection.
- Develop comprehensive strategies to ensure the transition of assets and business interests to the next generation.
- Minimise tax implications and maximise asset protection.
- Ensure that your succession plan is tailored to your specific needs.
- Provide peace of mind knowing that your assets and business interests will be handled in the manner you choose.
- Provide guidance on estate planning and wills for individuals with assets or interests in multiple jurisdictions.
- Ensure compliance with international laws and regulations.
- Help you create a will that is valid in all jurisdictions where you have assets.
- Protect your assets from creditors and other risks.
- Assist in the creation and execution of powers of attorney, granting authority to act on behalf of a corporation or an individual.
- Provide guidance on the scope and limitations of powers of attorney.
- Ensure that your power of attorney is valid and enforceable.
- Protect your interests in the event that you become incapacitated.
- Advise appointing a trusted person to make medical and lifestyle decisions on your behalf in case of incapacity.
- Ensure that your preferences and values are respected in medical and care-related matters.
- Protect your interests in the event that you become incapacitated.
- Assist in creating legal documents outlining your medical treatment and end-of-life care preferences.
- Ensure that your wishes are known and followed during critical healthcare situations.
- Protect your interests in the event that you become incapacitated.
- Advise on superannuation strategies to maximise benefits and minimise tax implications.
- Assist in making binding death nominations to specify how superannuation benefits should be distributed upon death.
- Protect your superannuation assets in the event of your death.
- Represent clients in legal disputes related to wills and estates, including challenges to the validity of a will or claims for adequate provision.
- Resolve estate disputes through negotiation, mediation, or litigation.
- Protect your interests in the event of a will dispute or estate litigation.
- Assist in the legal process of obtaining probate or letters of administration to administer the estate of a deceased person.
- Guide clients through the necessary steps and documentation required by the court.
- Protect your interests in the event of a death and ensure that the estate is administered in accordance with the deceased person's wishes.
- Provide advice on establishing special disability trusts for the benefit of a person with a severe disability.
- Ensure compliance with legal requirements and maximising financial support for individuals with special needs.
- Protect the assets of a person with a severe disability and ensure that they are used for their benefit.
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THE DIFFERENCE
OUR SERVICE ETHOS
Everyone at Madison Marcus operates under our seven-point service ethos:
01 The client is the reason for everything.
02 Deliver work that changes the way clients feel about lawyers for the better.
03 Know the client and their business thoroughly.
04 Think like the client and help control costs.
05 Be accurate, thorough and timely.
06 Treat co-workers like they are our best clients to create team harmony.
07 Enjoy our work.
OUR QUALITY STATEMENT
Madison Marcus is one of the few firms in the current legal environment that is expanding due to its superior level of service and results.
Our practices and services are certified by SAI Global Limited as follows:
AS/NZS ISO 9001:2008 Quality Management Systems Certification
LAW900:2010 Legal Best Practice Certification
This international professional management standard is our guarantee of service and benchmark best practice. You will have peace of mind knowing that your matters are being dealt with in a professional manner, focused on client satisfaction and continuous improvement.
ETHICAL PRACTICE
Our team is highly aware of the sensitivity of your legal matters. In addition to the utmost level of courtesy and checking of facts inherent in a properly run legal practice, all Madison Marcus staff, from the Directors through to our receptionists, will ensure this level of courtesy and sensitivity is maintained.
Madison Marcus is proud to have maintained and will continue to maintain its reputation of firmness and fairness in all legal matters.
Consistent with our philosophy of using the law as a tool to achieve effective results rather than as a bureaucratic process, our team strives to maintain effective communication with the goal of amicable settlement in mind. For us, costly litigation on an adversarial basis is always a last resort.
VALUE ADDED SERVICES
As early pioneers of fixed fee and event-based billing, Madison Marcus is committed to ensuring total transparency and providing true value for money for our clients. Our lawyers are encouraged to challenge the traditional paradigms of “do and charge” delivery.
We do not charge for informal queries or ‘ad hoc’ calls and fortnightly management meetings.
- We have an established Asia Desk to assist in facilitating business throughout Asia with Australian qualified lawyers fluent in both Mandarin and Cantonese to ensure clear communication is maintained.
- Access to workshops, seminars, briefings, and newsletters provided at no charge.
- If you have a matter which has proved problematic, then the respective team will include this in one of their regular ‘Hard Basket Blitzes’ - a brainstorming session where our senior lawyers challenge each other on solutions and
creative thinking. - Access to soft skill training on a shared cost basis.
FORMAL & INDEPENDENT CLIENT FEEDBACK
While we will be getting feedback from you on a regular basis, either during transaction or as part of our fortnightly meetings, we would also seek an annual formal assessment from you. The review is conducted by someone independent of the engagement and will include both quantitative and qualitative assessments of your experience with our lawyers and satisfaction with our deliverables. This is to ensure we’re continuing to deliver the very best service.
ANNUAL PROCESS MAPPING
Each year we map our client and work processes in detail and review these as a team. The review includes breaking down all component steps of a process, reviewing the order in which we do things, the assumptions we have made, the policy and regulatory framework we operate within, and the tools or skills available. Process mapping is part of our own business improvement efforts however we also invite clients to participate in the review. We have found that by involving clients, a greater understanding from all parties of how things work is achieved and the process can result in accelerated innovation to the benefit of the client as well as Madison Marcus.
DOCUSIGN E-SIGNATURE & INNOVATION SOFTWARE
Madison Marcus utilises DocuSign, a software that provides electronic signatures and digital transaction management services for facilitating electronic exchanges of contracts and signed documents.
Through DocuSign, we are able to make contracts available to our clients and third parties online within minutes of a contract being prepared. DocuSign facilitates an expedited service while also reducing the time spent on administrative tasks.
DocuSign offers the strongest levels of legal enforceability for e-signatures globally, with non-repudiation audit trails, bank-level encryption, tamper-proof sealed certificates, and multi-factor authentication. DocuSign exceeds the most stringent US, EU and global security standards.
AWARDS & RECOGNITION
The legal and business communities have consistently recognised Madison Marcus for excellence in legal work, innovation, corporate citizenship, employee health and wellbeing initiatives, and individual team members for their success and leadership. Madison Marcus was named a Top Boutique Firm at the 2021 Australasian Law Awards. Managing Director, Bechara Shamieh, was honoured and acknowledged as one of Australia’s Most Influential Lawyers in 2021. Marking the fifth consecutive year, this awards group has recognised Madison Marcus.
Further achievements have included nominations for our Strata and Property division, which have received nominations for Lawyers Weekly Australian Law Awards for Property Team of the Year 2021. In late 2019, Theresa Armstrong was acknowledged and nominated for the prestigious Lawyers Weekly Women in Law Awards. In 2020, Benoir Bayssari was named an Australasian Lawyer Rising Stars 2020 list.
Our most recent success includes Benoir Bayssari winning 2022 Commercial Partner of the Year and a further ten nominations across expert categories for Lawyers Weekly Partner of the Year and Australian Law Awards.
LOCAL COMMUNITIES & CHARITABLE ORGANISATIONS THAT WE SUPPORT
YOUR TEAM
AT MADISON MARCUS
FEAT. ASSOCIATE LEVEL & UP
BECHARA SHAMIEH
Chief Executive Officer
With over 25 years of experience as a senior-level executive, lawyer and advisor to many private, public and foreign companies. Sits across professional boards, advisory groups and membership bodies:
- CEO of Madison Marcus, a multi-Disciplined National Law and advisory Firm
- Director of Special Projects, Energy and Resources at Madison Marcus
- Director and CIO of ARECOR
- Advisory Board Member of EVDirect.com/BYD
- Director and RM of Transcend Capital (AFSL)
- Legal Advisor and Board Member,
FSHD Global Foundation - Former Legal Counsel, Treasurer and Board Member of the Australian Indian Business Council (AIBC)
- Former Business Mentor to Australian Businesswomen’s Network
- Australian Chamber of Commerce &
Industry (ACCI) - Property Council of Australia
- Urban Development Institute of Australia (UDIA)
- Housing Institute of Australia
- Society of Construction Law
Has acted on several corporate actions, including IPOs, M&A and complex finance structures involving debt and equity with combined project values of over $30bn.
A seasoned dealmaker and senior executive specialising in areas of M&A, Dispute Resolution & Negotiation, Corporate Finance Special Projects, Energy & Resources, Petroleum, Corporate Governance and ESG, Commercial & Corporate Law, Property, Construction & Building Development Bechara has overseen and advised on some of Australia’s most significant transactions and joint ventures.
2021/2022 Awards and Acknowledgments include:
- Australasian Lawyer's Most Influential Lawyer 2021 -Acknowledgement Award
- Lawyer's Weekly Projects, Energy and Resources Partner of the Year 2022- Finalist
- Lawyer's Weekly Energy & Resources Team of the Year Australia Law Awards 2022- Finalist
- Transaction Team of the Year, Australia Law Awards 2022- Finalist
- Pro Bono Partner of the Year 2022- Finalist
RAMY QUTAMI
Managing Director
Ramy has over 25 years of experience across all spectrums of land and property-related dealings. Ramy’s highly specialised legal expertise in this area enables him to advise major corporations in relation to complex property dealings, developments, local government and planning laws, building and construction projects, retail leasing and acquisitions.
Ramy currently works with major building and construction developers in relation to major real estate development projects and acquisitions. These dealings have often involved international consortiums, with Ramy advising in relation to legal and commercial negotiations and highly complex agreements. Such dealings and acquisitions have ranged in value from $10M to $500M.
Ramy also acts for a number of national and international private and public companies and child centre operators, providing a range of legal services, including commercial litigation, debt recovery, disposal of childcare centres, leasing services and commercial drafting.
Ramy’s commercial experience sees him appear in federal and state jurisdictions with respect to all facets of commercial and corporate law. This includes contract disputes, building and construction disputes, debt recovery, leasing disputes, environmental and planning disputes and prosecutions, and dispute resolution processes.
As an ongoing side interest to his property and commercial expertise, Ramy has established a reputation as one of Australia’s leading specialists in sports, media and entertainment law.
THERESA ARMSTRONG
Director
Theresa is a Director at Madison Marcus and heads up the Parramatta Law Practice. Theresa was admitted as a legal practitioner in NSW in April 2004 and has been part of the Madison Marcus Group of Companies for over 16 years. She was certified as an Accredited Specialist in Personal Injury in 2010 by the Law Society of NSW.
Theresa leads a practice group specialising in the areas of insurance litigation, family law, estates and probate, wills, will disputes and employment law. Theresa has dedicated her legal career to listening to her client’s needs and achieving the most cost-effective outcomes whilst offering her clients a personal and warm service.
She has helped deliver groundbreaking legal representation to individuals and small business owners who often find themselves up against giant insurance companies and other corporations. Theresa has a proven track record of exceeding her client’s expectations each and every time. This is the result of her formula based on processes and systems developed over the course of her career, combined with her exceptional negotiation skills and litigation strategy.
Her contribution to the community is demonstrated through her involvement in various associations and charity fundraisers and being the key mentor to her staff. She was a finalist at the 2014 Women Lawyer of the Year Awards and remains a huge advocate of civil rights and the protection of the underdog.
JIMMY MORCOS
Director
Jimmy is a Director at Madison Marcus and Managing Partner of our Melbourne office.
As a Managing Partner of legal practice for over a decade, Jimmy has led an array of complex matters and has built formidable relationships with his clients and people of influence, including federal and state ministers, councillors, tribunal members, government authorities, court authorities, and renowned company directors and corporate executives.
With his unique knowledge, extensive experience and legal skills, Jimmy represents clients across several practice areas and specialises in commercial law and immigration law, as well as working alongside foreign investment clients. He also guides his clients in relation to governance, compliance, mergers and acquisitions, and intellectual property.
Following in the footsteps of his mentor, the late Mr Harold Jones, Jimmy strongly values relationships and has maintained Harold’s guiding principle to be a ‘landscape lawyer’ – assisting clients in all facets of their life through a genuine interest in developing a relationship – rather than a ‘bridge lawyer’ who merely gets them from one place to another.
Jimmy maintains strong relationships in both China and the Middle East. Notably, Jimmy’s strong reputation was instrumental in ensuring that Madison Marcus was inducted into the esteemed Grand Compass Law Alliance in 2021, comprising 15 of the largest law firms in China, with Madison Marcus as the Australian branch member of the alliance.
Jimmy holds prominent roles at several organisations, including as a trustee of the Coptic Diocese of Melbourne and as a member of several education, charity and NFP boards in Victoria. Jimmy works closely with the Carlton Football Club leaders and is a member of the Carltonians Coterie and Carlton In Business. He has strong affiliations with the Football Federation of Victoria, being a former member of their tribunal panel and a member of the BNI Melbourne CBD Corporate Chapter.
In 2019, Jimmy was nominated Partner of the Year by Lawyers Weekly for his outstanding leadership and dedication to his team. To complement his Bachelor of Laws and Bachelor of Arts, Jimmy is currently working towards a Senior Executive MBA at Melbourne University.
JAMES MOIR
Director
James is a Director in the Strata Division of Madison Marcus. He was admitted as a solicitor over 25 years ago and has specialised in strata law for the past 7 years.
With a background predominantly in property law, James has particular expertise in selling common property, amending and terminating strata plans, acquiring easements, and all facets of by-law work, including developer by-laws and collective sales and redevelopments. He has also developed a strong practice in the litigation areas of strata law, including running contested tribunal hearings, tree root matters, dividing fence cases and advising in various access to neighbouring land matters.
James also has extensive experience in defect claims, acting for both owner's corporations and builders/developers. This places James and his team at Madison Marcus in a strong position to understand how to resolve these matters quickly and cost-effectively.
James is actively involved in CPD education, presenting educational seminars to lawyers and strata managers.
BENOIR BAYSSARI
Director
Benoir commenced with Madison Marcus in 2011 and predominantly practised in commercial dispute resolution, focusing on property and construction litigation.
During this time, Benoir also worked on corporate and commercial transactions, intellectual property protection and general commercial drafting. He has acted for and advised clients on disputes in multiple jurisdictions including NCAT, the Local Court, the District Court, the Supreme Court, the Federal Court and the Court of Appeal on matters relating to a wide range of equitable and common law issues. The value of these disputes ranged from $50,000 to $150M.
Upon becoming an Associate, Benoir’s focus practice area transitioned to purely corporate and commercial matters relating to mergers and acquisitions, corporate governance advice, asset protection and extensive commercial drafting.
Benoir was promoted to Partner in 2018 and is the Mergers, Acquisitions and Corporate Division leader at Madison Marcus. In this position, Benoir acts for a large number of high-net-worth individuals, small and medium-sized enterprises and large corporations on numerous legal transactional and advisory matters.
Benoir has advised on the completion of a restructure of material sale transaction to an ASX-listed corporation with a net value exceeding $100M. Other notable matters he has acted on include the sale of interests in NSW landholding entities with sale values ranging between $50M and $200M. Benoir has also acted on the acquisition and disposal of assets and shares in technology, childcare, real estate, and other internationally diverse businesses.
Benoir’s prior experience and exposure as a litigation and dispute resolution lawyer enable him to provide our clients with sound commercial and technical legal advice when acting in these commercial matters. He is also personable and quick to identify resolutions to complex legal problems.
Benoir was a winner at the 2022 Lawyers Weekly Partner of the Year Awards in the category of Commercial.
JOHN DE LA HOYDE
Director
John de la Hoyde is a Commercial Litigation and Dispute Resolution Division Lead and Director at Madison Marcus.
Since admission in 2013, John has practised in a number of areas of commercial litigation and dispute resolution including complex commercial disputes, injunctions, construction litigation and property litigation with a particular focus on commercial resolution and the protection of brand integrity.
John has advised and acted for leading clients in media, pharmacy, financial services, food and beverage, construction, property development and hospitality industries in relation to disputes litigated in the Federal Court of Australia and the Supreme Court of New South Wales, together with other jurisdictions such as the District Court of New South Wales and the NCAT.
Key Achievements:
- Acted in complex multi-party proceedings in the Supreme Court of NSW involving a nationally recognised law firm and international bank in associated claims arising out of a multi-million-dollar fraud committed by an employed solicitor over a period of two years.
- Successfully acted for a bus transportation company regarding a professional negligence/deceit claim against its former financial accountants, resulting in a multi-million-dollar judgment and an indemnity gross sum costs order. Also successfully acted for the same client in defending an appeal in the Full Court brought by the accountancy firm.
- Acted in defence of complex class action proceedings involving the characterisation/construction of contracts for the sale of units in a development comprising over 300 class members.
- Successfully acted for an international pharmaceutical company in regard to a federal court dispute concerning a comparative advertising campaign run by its competitor.
- Acted for executors of a complex and financially plentiful estate in respect of a claim brought in the Supreme Court of NSW by the beneficiaries of the estate to have the executors removed.
- Successfully acted for an international office space services company in obtaining a Mareva order and final relief against a former employee who committed a series of frauds during the course of his employment.
JANE WOLFE
National Partner
Jane Wolfe is a National Partner of Madison Marcus Law Firm, specialising in real estate and development law. With over 17 years of experience in the legal industry, Jane is a seasoned attorney who brings a wealth of expertise in commercial property law to the firm. Her background includes working in private practice at well-respected law top and mid-tier National and International Firms and in-house at retail chains.
Since starting her legal career in Melbourne in 2005, Jane has gained extensive experience in the national commercial, industrial and retail lease markets in multiple states, including New South Wales, Queensland, Victoria, and South Australia. Her practice includes advising clients on commercial property sales and acquisitions, business sales and acquisitions, owners’ corporation and strata law, property due diligence, and property financing and insolvency.
In addition to her core areas of expertise, Jane brings a unique set of skills in the area of franchising and hospitality law, including liquor licensing and gaming. This expands the services offered by Madison Marcus and enhances the firm’s ability to provide comprehensive legal solutions to its clients in these areas. With her extensive experience in these fields, Jane has acted on hotel, liquor store, nightclub, and restaurant sales and acquisitions and has experience in liquor licensing and the sale and acquisition of gaming machine entitlements.
ERIC BOONE
Partner
Eric Boone joined Madison Marcus in 2022 as the divisional lead of Banking & Finance.
With a history of advisory across companies, investment banks, funds and assets managers in Australia, New Zealand and the larger Pacific region on a wide range of complex cross-border financings, capital market offerings of equity, debt securities and regulations dually qualified. Boone also specialises in the advisory around business conduct and compliance under the Modern Slavery Act 2018 (MSA). He has been an active influence in his pursuit of pro-bono collaborations with legal tech providers, leading community legal centres and law school clinics in an effort to advance innovative solutions and extend access to justice for vulnerable communities with a particular focus on Aboriginal and Torres Strait communities.
Boone’s individual and division’s core competencies specialise in social sustainability and finance include, but are not limited to:
MSA Compliance, including initial supply chain assessment, revision of applicable policies and procedures, internal education, drafting of modern slavery statement and the delivery and presentation to the board of directors.
Engagement in pro bono matters to inform, educate and underpin advocacy and legislative reform work.
Advisory for debt restructuring, liability management and transactional negotiations of numerous bank financings.
With an established career and wealth of knowledge, Boone has been internationally recognised and awarded, maintaining an active role in various forums, panels and boards.
These include:
- Finalist for the 2015 Australasian Law Awards
- Debt Deal of the Year Finalist
- Finalist 2015 IFLR Asia Awards High Yield Deal of the Year
MICHAEL MANTEI
Partner
Michael Mantei is a qualified town planner, planning lawyer, and accredited local government & planning and law specialist. Mantei joined Madison Marcus in 2022 as the lead of the Planning, Environment & Government division.
His extensive portfolio showcases his assistance and client support with practical dispute resolution via appropriate consent authorities to interpret planning rules and regulations. He has extensive experience in navigating the NSW planning approval system’s complexity with strategic and project-specific tiers.
His clients include SMEs to sizeable-sized property developers, homeowners, private certifiers, development industry specialists and government in the Sydney Metropolitan area and regional New South Wales.
Before commencing his law career, he worked as a development assessment planner in Local Government. Mantei obtained specialist accreditation in Local Government and Planning Law in 2005 from the NSW Law Society in recognition of his depth of expertise in planning law.
He has an extensive background that provides unique legal resources in town planning and government law.
His expertise and depth of knowledge in both advising and representing clients across planning and environment law, including:
- Planning law
- Environmental law
- Building and Development Certification law
- Local Government disputes
- Development assessment disputes
- Compliance and enforcement (Development Control Orders)
- Land and Environment Court representation
- Local Court Representation
CHRISTOPHER FRANKISH
Partner
Christopher Frankish joins Madison Marcus as a highly accomplished legal professional with extensive expertise in Financial Services, specialising in Governance, Regulatory Work, Life Insurance, General Insurance, Superannuation, Dispute Resolution and Litigation. With over a decade of experience, Chris has worked with mid to top-tier companies, leading legal teams and governing large regulatory projects, particularly in response to the Royal Commission investigations into Misconduct in the Banking, Superannuation and Financial Services Industry.
Throughout his career, Chris has established a reputation as a trusted and respected professional known for his practical approach, strategic thinking, and ability to navigate complex regulatory landscapes. Committed to achieving optimal outcomes, coupled with his strong analytical skills, Chris is a sought-after industry expert.
Chris’s experience in Managed Investment Schemes (MIS) and Insurance, including establishing and running compliance and regulatory functions and corresponding with regulatory bodies, enables clients to navigate the regulatory environment while maintaining compliance confidently.
Understanding clients’ pain points, Chris addresses the continually changing regulatory environment, particularly in the life insurance, financial advisor, and funds management industries. Chris recognises the importance of adhering to compliance regulations in these sectors, the challenges clients face with brand reputation, scrutiny, and the lack of resources internally available to manage the sector’s continual changes and obligations. By providing consistent and topical updates, along with broader capacity and expertise, he effectively assists clients in managing these challenges.
DAVID NAPOLI
Partner
With a robust 13-year background in strata and construction law, David has emerged as a key figure in the legal landscape, renowned for their expertise, client-centric approach, and impactful legal strategies. Initially grounding themselves in general practice, David quickly ascended to a specialised focus at a leading Strata Specialist Firm, progressing from lawyer to special counsel since 2010.
David's proficiency spans across various facets of strata and construction law, including litigation, building defects, property law, and neighbourhood disputes. A particular area of influence has been their involvement in cases impacting the Strata Schemes Management Act 2015, notably leading a pivotal case that reformed NSW law regarding strata communities.
At the heart of David's approach is a dedication to understanding each client's unique story and objectives. This dedication to detail and strategic planning ensures tailored and effective legal solutions. His commitment to continuous learning and staying abreast of new legal developments further cements His role as a dynamic and forward-thinking legal expert.
David is not just a legal advisor but a dedicated advocate, passionately fighting for the best possible outcomes for clients. This blend of comprehensive legal knowledge and personalised service makes David an invaluable asset in any strata and construction legal matter.
Areas of Expertise:
- Strata advice and litigation
- Building defects claims
- Property law
- Easements, collective sales, and adverse possession
- Neighbourhood disputes
- By-law drafting and enforcement
ANTHONY MALOUF
Partner
Anthony Malouf joined Madison Marcus in 2022. He specialises in Family Law, Wills and estates, Complex Commercial Matters, and Property and commercial purchases and developments.
Malouf has practised law for 45+ years since his admission in 1977 with a Bachelor’s in Law from Sydney University. He spent several years in city-based mid-size commercial legal practices, practising extensively in Commercial Law, Tax, Franchise, Property and Family Law between 1977 and 1982. He formed his firm “Anthony Malouf & Co.” in 1982 and later became well known as “Malouf Solicitors” in 1995 before both he and his team joined the Madison Marcus Firm in 2022.
With a well-deserved reputation for providing empathy-based services, Malouf and his team understand the need for quick, concise, and practical assistance and bespoke service offerings.
Specialties:
- Commercial Litigation & Dispute Resolution
- Family Law and De Facto Law
- Property and Finance Law
- Business Advice Law
- Migration Law
- Insurance Law
- Estates & Wills
- Employment Law
- Defamation Law
PERRY HUME
Partner
Perry has 30 years of experience in financial and corporate regulation. He started his career in the Australian Federal Police where he specialised in fraud and white-collar crime investigations as well as criminal prosecutions. In the mid-1990s, Perry worked with the Australian Securities and Investments Commission (ASIC), leading a highly skilled team of investigators and lawyers responsible for criminal and civil actions against companies and individuals in breach of the Corporations Act.
After graduating with Honours in Law at UTS, Perry moved to the private sector where he spent the next 10 years in senior compliance roles advising Zurich Financial Services, Deutsche Asset Management and BT Financial Services. In 2006, Perry was appointed as the Head of Compliance at Ellerston Capital Limited, a global boutique hedge fund manager then owned by the Packer family. Perry was responsible for the global compliance framework including its licensed activities in Australia, Hong Kong, and the United Kingdom. With 25 years of experience, Perry started his own consulting business in 2010 where he was seconded to several large projects with AMP and Caledonia (Private) Investments.
Perry’s client base also consists of medium and small-sized licensees, where he advises boards and compliance committees on their governance, legal and compliance obligations. He specialises in general AFSL, ACL and RSE compliance obligations, advice reviews, licence applications and variations, representative supervision and regulatory actions by ASIC – in particular, enforceable undertakings.
Perry’s extensive career path within both the government and private sector has given him a profound understanding of the tensions between business and regulation, allowing him to offer unique and robust solutions to his clients.
MICHAEL SHORT
Partner
Michael is a Partner at Madison Marcus who heads up our Employment and Workplace Relations Division. Since his admission as a solicitor nearly 20 years ago, Michael has practised in NSW, the ACT, and the United Kingdom.
Michael has significant experience in civil litigation, advising clients in complex, contentious and non-contentious matters of broad areas of the law. His employment and workplace relations expertise includes representing and advising clients in matters regarding:
- Discrimination
- Unfair dismissal
- Bullying
- General protections (including adverse action)
- Harassment
- Occupational Health and Safety Compliance
- Contractual issues
Michael is a specialist in NSW Motor Vehicle Law and Personal Injury/Clinical Negligence cases. Michael also has a special interest and experience in the crisis management of “white collar” crimes, including:
- Copyright infringement
- Cybercrime
- Fraud
- Identity theft
- Tax evasion
- Insider trading
- Money laundering
Michael is skilled in dispute resolution through negotiation, conciliation, mediation, arbitration, and court-based litigation, including, where necessary, the Australian Courts of Appeal and the High Court of Australia.
He has acted in several noteworthy and high-profile cases and represented clients’ interests in two major judicial inquiries instituted by the NSW Government in 1999 and 2003.
YUQING SUI
Partner
Yuqing Sui is a distinguished Property Partner and an Accredited Specialist in Property Law, with additional practice as a Public Notary. Her journey in the legal field began in China, where she earned her bachelor's degree in law from Shanghai University in 1999 and practised. In 2002, Yuqing embarked on her postgraduate studies at the University of Technology, Sydney, where she achieved both a Master of Laws in 2003 and a Master of Law and Legal Practice in 2006. Her dedication and commitment led to her admission to practice in New South Wales in February 2006.
Yuqing's professional experience encompasses a broad spectrum. She initially worked as a debt recovery lawyer and later spent nearly a decade with a boutique commercial law firm in Sydney's CBD. In 2017, she established her sole practice. She has been recognised by the Law Society of New South Wales, with accreditation as an Accredited Specialist in Property Law in the same year. In 2023, she further enriched her career by joining Madison Marcus as a partner in the Real Estate and Development team.
Throughout her career, Yuqing has primarily focused on property law, conveyancing, commercial law, and commercial litigation. Her accomplishments include:
- Aiding developers in land acquisitions and off-the-plan apartment sales.
- Drafting retail leases for shopping centre and shop premises owners.
- Creating agreements for share and business sale/acquisition.
- Securing injunctions against trademark infringers for reputable business operators.
- Assisting individuals in realising their homeownership dreams and establishing pre- or post-nuptial agreements.
Yuqing's approach to law goes beyond advocacy; she aspires to be a trusted advisor and a seasoned commercial lawyer who combines strategic acumen, negotiation finesse, and a penchant for pragmatic problem-solving. She consistently values the holistic picture and cost-effectiveness, relying on effective persuasion rather than confrontation.
DAVID LOW
General Counsel
David has more than 25 years of experience advising corporate, institutional and other clients in all forms of commercial disputes, specialising in property-related disputes or transactions in the commercial, industrial and retail property, transport, and financial services sectors.
David has extensive experience acting for insolvency practitioners in relation to both personal and corporate insolvency and has advised on restructuring and recovery of assets and schemes of arrangement for solvent and insolvent entities. He has acted for banks and other creditors in enforcing all forms of real property securities and in the appointment of voluntary administrators, receivers, managers, and liquidators.
David has advised lenders’ syndicates in relation to retail property assets. He is highly familiar with all issues relating to acquiring, managing, and selling distressed assets. In his dispute practice, David has frequently represented clients before NCAT, the Supreme Court, and the Federal Court of Australia.
David is highly experienced in undertaking mediation of disputes. He aims to provide clients with strategies incorporating the optimum blend of commerciality and management of legal risk.
Additionally, David was elected by other members of the legal profession to be included in the 12th Edition of Best Lawyers in Australia 2020 for his excellence in achieving the best possible outcomes for his clients.
DENIS HALL
Special Advisor
Denis has over 40 years of experience as a lawyer specialising in property and property development law and has an intimate working knowledge of the property industry.
Denis is the National Head of our award-winning Property Division and is responsible for managing our property divisions in Sydney, Melbourne, Parramatta, and Brisbane. In addition, he acts in an advisory role to clients and team members in the following areas:
- Property development – all stages of acquisition, structuring property acquisitions and disposals, property development documentation, master off-the-plan contracts and sales
- Leases – all types of leases acting for landlords and tenants for commercial, office and industrial premises including drafting, reviewing, negotiating lease documentation, mediations, and dispute resolution
- Commercial and Corporate – business and commercial agreements, buy-sell agreements, shareholders’ agreements, franchise agreements, supply agreements, risk management advice and corporate governance
- Private clients – wills, estates, powers of attorney and enduring guardianships
Denis has previously held and holds numerous directorships in closely held private and trustee companies. He is currently the Chair of the Madison Marcus Client Care Committee and the Innovation and Technology Committee.
He is currently admitted as a solicitor of the Supreme Court of NSW and High Court of Australia and a member of the NSW Law Society and the American Bar Association.
Denis holds a Bachelor of Arts and Bachelor of Laws from the University of NSW, a Master of Business Law from Sydney University, and is a graduate of the Australian Institute of Company Directors. He has completed courses with the Australian Commercial Dispute Centre in Mediation and Dispute Resolution and the Governance Institute of Australia in Risk Management and Compliance. He is a Fellow of the Australian Institute of Management.
Denis was honoured to be named the Property Law Expert in Australia by Global Law Experts in 2017.
NICOLAS ROVOLAS
Special Counsel
Nicolas is a Special Counsel at Madison Marcus, specialising in dispute resolution and practising in building defect litigation, representing owners corporations, builders and developers in strata building defects claims.
Since his admission as a solicitor, Nicolas’ practice has ranged from multimillion-dollar defect claims and construction disputes to dispute resolution advice on contract disputes and post-construction defect disputes.
Nicolas has acted for developers, builders, subcontractors, strata schemes and homeowners in all major jurisdictions. His experience as a dispute resolution lawyer enables him to deliver cost-effective solutions to clients through exceptional negotiation skills and legal advice.
Nicolas has appeared in the NSW Civil and Administrative Tribunal, the Supreme Court of NSW, the District Court of NSW and the Federal Court, as well as courts within other Australian.
EE KEE NG
Special Counsel
Ee Kee is a Special Counsel at Madison Marcus Law Firm, specialising in the Real Estate and Development Divisions. With a focus on property law, she brings her clients a wealth of technical skills and understanding, helping them navigate the complex regulations and procedures involved in property transactions.
Ee Kee has a deep understanding of the legal issues involved in property law and can provide her clients with practical and effective advice on all aspects of real estate transactions, including purchasing and selling properties, leasing, and negotiating development agreements. She is known for her attention to detail and ability to think creatively to find solutions that meet her client’s needs.
Her clients appreciate her friendly and approachable manner and her ability to communicate complex legal concepts clearly and concisely. She takes pride in building solid relationships with her clients and ensuring their needs are always put first.
Ee Kee’s expertise and dedication to her clients have made her a valuable asset to the Madison Marcus team. If you’re looking for a property lawyer with the technical skills and understanding to help you achieve your real estate goals, look no further than Ee Kee. With her expertise and commitment to excellence, she is the ideal choice for anyone seeking property law guidance.
ANNABELLE TAN
Senior Associate
Annabelle is a Senior Associate in the Mergers, Acquisitions, and Corporate team at Madison Marcus. Since joining the firm in 2017 as a paralegal, she has demonstrated her dedication to excellence in all aspects of her work. Despite the challenges of balancing full-time work and full-time study, Annabelle became a lawyer early in 2018, showcasing her determination and drive.
Her commitment to expanding her knowledge in other areas of law has resulted in her having a well-rounded, holistic view of the legal profession. Annabelle’s enthusiasm for her role is infectious, and her clients appreciate her friendly and personable approach. Her ability to think laterally and find unexpected solutions and business structures set her apart and makes her a valuable asset to the Madison Marcus team. Australia, the ACT, and the Northern Territory.
Annabelle’s thorough and pragmatic approach to mergers and acquisitions has earned her recognition and accolades, including being a finalist for Lawyers Weekly 30 Under 30 Awards in 2022 and a finalist for the Australian Law Awards Transaction Team of the Year in 2022. Her clients appreciate her ability to distil complex legal matters into clear and concise advice, making her an invaluable resource for anyone seeking assistance in this area.
Her lively personality and dedication to her clients make her a joy to work with and a key player in the Madison Marcus team.
CRISTIAN FUENZALIDA
Senior Associate
Cristian Fuenzalida is a Senior Associate at Madison Marcus Law Firm, with commercial law, litigation, and insolvency expertise. With a wide array of experience across many areas of commercial litigation in New South Wales and Australia, Cristian can provide his clients with comprehensive legal solutions to their challenges.
Cristian is known for his ability to navigate complex commercial disputes, and his expertise in insolvency law allows him to guide clients through complex financial reorganizations and debt restructurings. He has a proven track record of success in a wide range of commercial litigation matters. His clients appreciate his ability to provide practical and effective solutions to their legal challenges.
Cristian is known for his dedication to his clients and commitment to providing them with the best possible outcomes. He takes the time to understand their needs and provides tailored solutions that meet their specific requirements. He is a strong advocate for his clients and is not afraid to take on tough cases to ensure their success.
Cristian’s expertise in commercial law, litigation, and insolvency, combined with his vast array of experience across many areas of commercial litigation in New South Wales and Australia, makes him an invaluable asset to the Madison Marcus team.
PRADHA GURUMAHAN
Senior Associate
Pradha Gurumahan is a Senior Associate at Madison Marcus Law Firm, with expertise in commercial law, litigation, and insolvency, with a particular focus on matters related to construction and infrastructure and property-related disputes. With her deep understanding of these complex legal areas, Pradha can provide her clients with practical and effective solutions to their legal challenges, preserving her clients’ best commercial objectives.
Pradha is known for her ability to resolve disputes through litigation, and her knowledge of insolvency law allows her to guide clients through complex financial reorganisations and debt restructurings. She has a strong track record of successfully representing clients in matters related to construction and infrastructure, and her expertise in property law makes her a valuable resource for clients facing property-related disputes.
Her clients appreciate her ability to understand their needs and provide tailored solutions that meet their specific requirements. Pradha is known for her commitment to her clients and willingness to go the extra mile to ensure their success.
Pradha’s expertise in commercial law, litigation, and insolvency, as well as her focus on construction and infrastructure and property-related disputes, make her an invaluable asset to the Madison Marcus team. With her commitment to excellence and her dedication to her clients, she is the ideal choice for anyone looking for guidance in these areas.
KATE TAYLOR
Associate
Kate is a highly skilled legal professional specialising in building, construction and strata law. Kate has demonstrated expertise in both the front and back end of the construction process, with a strong focus on contract review and negotiations and providing advice to builders, developers and owners corporations regarding statutory warranties and the duty of care of design and building practitioners.
Kate’s experience in construction and strata dispute resolution makes her an asset to the commercial litigation team. Kate is well experienced in the preparation of legal documentation for litigated matters in both NCAT and Supreme Court, including originating proceeding applications and defences, lay affidavits, and instructing specialist building experts. Kate draws on her years of industry experience and exceptional attention to detail when advising clients through to settlement or contested hearings.
Kate advises homeowner clients on home building and strata-related issues, including defect liability and rectification, enforcement, maintenance responsibilities and by-laws. Kate is also experienced in statutory debt recovery and bankruptcy proceedings, offering valuable insights on levy recovery in strata.
Kate is a reliable and dedicated solicitor whose practical approach, exceptional communication abilities, technical proficiency and appreciation of commercial interests drive her to achieve optimal and cost-effective outcomes for her clients.
MELISSA PISANO
Associate
Melissa has thirteen years of legal experience and has been with the firm and Managing Director, Bechara Shamieh, for twenty years as of 2023. Melissa has vast experience with the areas of law she practices, including commercial law (contract and deed drafting), corporate structures and restructures, sale/purchase of businesses, contract disputes, commercial litigation, family provision claims and commercial transactions.
Melissa acts on behalf of corporations, businesses and individuals nationally and internationally.
She has extensive experience in drafting commercial contracts, including but not limited to; shareholder’s agreements, share sale deeds, executive employment agreements, contractor & subcontractor agreements, consultancy agreements, service level agreements, partnership and joint venture agreements, licence agreements, MOUs and put & call option deeds. Additionally, Melissa regularly assists clients in advising and establishing corporate structures and restructures.
ANNA MINASSIAN
Associate
Anna Minassian is an Associate at Madison Marcus Law Firm with a background specialising in all areas of strata law. With extensive experience in this area, Anna provides her clients with expert guidance and tailored legal solutions to their challenges.
Anna has a particular focus on drafting, consolidating, and registering by-laws, and she has a proven track record of success in dispute resolution, including NCAT proceedings. Her expertise in the ground anchor and crane license deeds, combined with her deep understanding of strata legislation, makes her an ideal choice for clients seeking advice in these areas.
In addition to her expertise in strata law, Anna has extensive experience in building defect claims and strata subdivisions. She brings a comprehensive approach to her work, taking the time to understand her client’s needs and providing them with practical and effective solutions.
Anna is known for her attention to detail, commitment to her clients, and ability to provide clear and concise legal advice. She is dedicated to ensuring that her clients receive the best possible outcomes and is always willing to go the extra mile to ensure their success.
SHIREEN QUTAMI
Associate
Shireen is an Associate in our Property Division at Madison Marcus. She was admitted to the Supreme Court of New South Wales in 2014 and holds a Bachelor of Commerce and a Bachelor of Laws with honours.
Shireen is a trusted adviser with extensive experience guiding major developers, property owners and purchasers in a wide range of legal matters.
Shireen provides skilled advice in regard to the following:
- Acquisitions
- Pre-contract and commercial negotiations
- Master off-the-plan contracts (including vacant land, units, strata and community titles) and sales
- Legal requirements for subdivisions
- Property due diligence and other property-related transactions
Shireen is highly regarded for her negotiating skills, creative commercial outcomes, dedication to client service, and ability to work under time constraints consistently. Her experience to date, together with her excellent interpersonal skills, enables her to achieve the best possible solutions for her clients.
JESSICA KAVVALOS
Associate
Jessica is an Associate in Madison Marcus’ Commercial Litigation & Insolvency Division in Sydney. Since starting her legal career as a paralegal working under Managing Director Ramy Qutami, Jessica has made strong and meaningful contributions in a variety of matters, working for high-profile clients. In doing so, Jessica has obtained valuable experience working in fields including but not limited to employment law, contractual matters, and sports industry transactional and dispute resolution matters.
Since her admission as a solicitor in the Supreme Court of NSW in July 2020, Jessica has narrowed her focus and elected to specialise in commercial litigation. In doing so, Jessica is quickly developing as an industry leader in matters relating to commercial dispute resolution, debt recovery, defamation, and
contractual disputes. Additionally, Jessica has developed a sound understanding of litigation through her involvement in Supreme Court litigation, establishing impressive advocacy skills whilst drawing upon her commercial experience in reaching a favourable settlement of disputes, including drafting settlement documentation and instruments.
Jessica is personable and has developed solid relationships with existing and prospective clients. She is commercially driven and understands that successful outcomes are measured by her client's expectations and business requirements as opposed to simply achieving a successful outcome by reference to a judgment. A perseverant and enthusiastic person, Jessica always enjoys a challenge whether at work or beyond.
LEON HUYNH
Associate
Leon Huynh joined Madison Marcus in 2022 as an Associate in the Banking & Finance Division.
Experienced in advising large corporates and investment banks on a wide range of cross-border financing, capital market offerings of equity and debt securities, and banking regulation, Leon has assisted with numerous matters across various jurisdictions, including Australia, New Zealand, and the broader Asia-Pacific.
Having expertise advising trustees in capital market debt security offerings, Leon has also assisted on syndicated loan facilities, de-SPAC transactions, large corporate banking facilities and cross-border aviation financing deals. With a history of work in diverse areas, including restructuring and insolvency, real estate, construction and M&A work, Leon provides a broad spectrum of experience in his banking and asset financing work.
Leon also specialises in advising entities on their compliance with the Modern Slavery Act 2018 (Cth), engaging with clients in a holistic manner to advise and assist with the identification, analysis and mitigation of modern slavery risk and the publication of modern slavery statements for a diverse range of corporate entities across multiple industries.
An advocate for legal technology, Leon has assisted in the deployment of legal technology relating to collaborative project management and document automation to drive efficient and intuitive legal practice.
LELYAN ELIAS
Associate
Lelyan is an Immigration Lawyer (and former Migration Agent) with over 12 years of experience in the industry. Her experience ranges between visa-related matters and administrative law. Particularly, Lelyan’s expertise in the immigration field ranges between refugee/protection visas, family migration, skilled independent/employment-sponsored migration, business visas, and labour agreements.
Lelyan’s career commenced in 2009 as a paralegal, working predominantly on visa and Tribunal applications. Whilst completing her Bachelor of Laws, Lelyan was passionate about her work and decided to complete a Graduate Certificate in Australian Immigration Law & Practice simultaneously. She became a Registered Migration Agent in August 2012 and was subsequently admitted as an Australian Lawyer in January 2016. She has also assisted corporate clients in retaining and securing skilled workers to fill industry-related shortages.
Recently, Lelyan has been working closely with industry-specific leaders to handle skill shortages that are otherwise unavailable under the current TSS visa. Recently after working tirelessly, Lelyan and the Global Mobility Team were able to secure a Labour Agreement under the occupation of ‘Minister of Religion’.
Lelyan continues striving in the immigration field due to her passion and commitment to helping others, particularly bringing families together, assisting those in dire need of humanitarian/protection in Australia, and helping skilled migrants start a new and promising chapter in their lives in Australia. She aspires to become an Accredited Specialist in Immigration Law through the Law Institute of Victoria and will be completing the requirements in early 2022.
LUCAS BARKHO
Associate
Meet Lucas Barkho, a dynamic and accomplished professional Associate with a unique blend of legal expertise and business acumen. Graduating with distinction from a combined law and business degree, with a major in finance in 2019, Lucas embarked on a journey at Madison Marcus in 2023 with already significant accomplishments in the fields of Banking and Finance, as well as Corporate and Commercial law.
After being admitted to practice in July 2020, Lucas wasted no time diving into the legal landscape. Armed with a passion for assisting clients, he quickly gained valuable experience advising a diverse range of individuals and entities, including companies, high-net-worth individuals, and small businesses. Lucas’s ability to adapt to different clients and industries has allowed them to build a robust and comprehensive understanding of various practice areas, particularly in property, banking and finance, and corporate and commercial law.
A skilled professional in Banking and Finance, Lucas stands out for their meticulous approach to legal analysis. He excels in comprehending complex financial matters, helping clients navigate through intricate transactions, and providing strategic advice that aligns with their financial objectives. His capability to identify legal issues while considering the broader business implications sets them apart as a trusted advisor.
In the realm of Corporate and Commercial law, Lucas has proven record as a strategic thinker. By deeply understanding the factual matrix and diligently grasping clients' objectives, he offers precise and tailored legal solutions that drive businesses forward.
Clients have placed immense trust in Lucas’s abilities to help them achieve their goals in the most risk-effective manner possible, leading to lasting partnerships and client loyalty.
Aside from their remarkable technical skills, Lucas is known for his exceptional soft skills. Outgoing and personable, he establishes strong connections with clients and peers alike, fostering an atmosphere of trust and collaboration. This quality has been instrumental in creating a thriving network of contacts within the legal and business communities.
Dedicated to the legal craft, Lucas is driven by a passion for achieving commercial outcomes for their clients. His relentless pursuit of excellence, combined with his deep knowledge of law and finance, enables him to navigate through complex challenges and deliver tangible results.
Whether it's negotiating financial agreements, providing legal guidance in corporate matters, or assisting clients in achieving their business objectives, Lucas is the ultimate ally for those seeking legal advice with a strategic edge. His unique combination of legal acumen, financial expertise, and personable demeanour makes him an invaluable asset to any client looking to succeed in today's competitive business landscape.
JONATHON YOUSSEF
Associate
Jonathon Youssef is an Associate in the Mergers & Acquisition Division of Madison Marcus with over six years experience advising individuals, SMEs and corporations on corporate transactions, including equity recapitalisations, shareholder buyouts, business sales, asset sales with business sales, commercial disputes, property acquisitions, debt recovery and liquidations. He has experience in non-bank lending, equipment finance, competition and consumer law, banking and finance, and securities enforcement.
Jonathon has led and assisted with various commercial deals, including an ASX-listed entity with its $422 million underwritten equity recapitalisation and corporate shareholders regarding a circa $20 million shareholder buyout. He has advised an SME on a circa $500,000 sale of a business, a foreign client on a circa $5 million sale of a company, a financier as junior lender for circa $14 million property acquisition, a liquidator on circa $4 million land and business sale, and AU & UK Professional Service organisation in respect of its A$170 million acquisition by a major corporation.
Jonathon is a highly skilled and experienced lawyer with a proven track record of success. He is known for his approachability, ability to build relationships, attention to detail, and strong analytical and problem-solving skills. He is committed to providing high-quality legal advice and advocating for his client's interests. He can quickly identify the critical issues in a case, develop creative and commercial solutions to problems, and leverage his skills and experience to help his clients achieve their goals.
MI JUNG KIM
Associate
A highly motivated and experienced Associate in Real Estate and Development, Mi Jung has a proven track record of assisting clients with all aspects of real estate transactions, from residential and commercial conveyancing to development projects. Skilled in all aspects of the real estate development process, from due diligence and feasibility analysis to project management and financing, she is experienced in working with government agencies and stakeholders to obtain approvals and permits. A client-focused and results-oriented individual with a strong commitment to providing excellent service, she is also a team player who is always willing to go the extra mile. She is also interested in transactional property acquisitions, both commercial and residential.
Specifically:
- She assisted high-net-worth clients with selling and purchasing residential property matters in QLD and NSW.
- She has gained most of her experience through conveyancing of both residential and commercial property transactions.
- Provided clients with confirmation of settlement completion and is motivated to continue seeing satisfied clients.
- She has volunteered at legal centres, which has allowed her to be more confident in dealing directly with clients and understanding their needs.
OFFICES
SYDNEY
Level 10, 60 Castlereagh Street,
Sydney NSW 2000
MELBOURNE
Level 16, 414 La Trobe Street,
Melbourne VIC 3000
PERTH
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Terrace, Perth WA 6000
CHINA SHANGHAI
Level 15, 1502 Hong Kong Plaza 283 Huaihai
Zhong Road Shanghai 200021
PARAMATTA
Level 36, Suite 36.03, 8Parramatta Square,
10 Darcey Parramatta NSW 2150
BRISBANE
Level 19, 10 Eagle Street,
Brisbane QLD 4000
ADELAIDE
Level 30, Westpac House,
91 King William Street, Adelaide SA 5000
Liability limited by a scheme approved under Professional Standards Legislation. Legal Practitioners employed by this entity are members of the scheme and participate in the Discretionary Higher Cap.