Charlene Gauci

CHARLENE GAUCI

Senior Associate

T: (+356) 27 237172

E: cgauci@mifsudadvocates.com.mt

Languages: English and Maltese

Charlene was admitted to the Maltese Bar and granted her warrant to practice as a lawyer in 2018. She obtained her Bachelor of Laws (Honours) degree in 2016 and her Master of Advocacy in 2017 at the University of Malta. She joined Mifsud & Mifsud Advocates as a legal trainee in 2015, assisting with legal research and drafting. Charlene specialises in Employment and Shipping law, assisting clients in litigation matters, negotiating settlements, drafting and vetting of contracts, shipping registrations, and other general corporate duties.

Charlene previously worked at Aegis Corporate Services Limited and was responsible of incorporating a number of companies for local and international clients. She has also served as the President of the Junior Chamber of Advocates from 2016 to 2017 and formed part of the organising committee of the international conference, MaltMUN.

Professional Memberships

Posted Workers Alliance
World Link for Law
Women's Law Network

Publications

LL.B. (Hons) Dissertation: An analysis of the Antitrust Damages Actions Directive and its Transposition into Maltese Law
ICLG Employment & Labour Law 2021 - Malta Chapter
ICLG Employment & Labour Law 2022 - Malta Chapter

AREAS OF SPECIALISATION

Dispute Resolution and Litigation

Malta’s unique hybrid system is the product of numerous influences coming in from different legal systems throughout the years. In our judicial system we thus witness civil law and common law practices working together with the recent EU laws introduced upon Malta’s accession in 2004.

Employment

Malta provides an array of employment, work and occupational health and safety regulations, ensuring good working relationships amongst all employers and employees.

Maritime and Shipping

Malta boasts one of the leading and largest Ship Registries in the world. It is a flexible registry, imposing very few restrictions. The success Malta has achieved in this industry is due to a well-balanced structure of maritime services and fiscal incentives coupled with the Government’s desire to promote the industry, which it seeks to achieve by means of numerous attractive benefits to ship owners. The Maltese Ship Registry includes all types of ships including oil-rigs, pleasure yachts and passenger cruise ships amongst others.

Debt Collection

A company’s credit management is one of the essential elements of a successful commercial activity. It is therefore crucial for creditors to obtain the right advice at the right time in order to protect debts due to them. The number of court cases dealing with debt collection has diminished drastically over the years as the use of judicial letters proved to be incredibly useful in the saving of both time and money. In fact, when the debt is decisive and clear, the creditor may make claims for amounts not exceeding €23,300 as per Article 166A of the Code of Organisation and Civil Procedure. Otherwise, Article 253 allows judicial letters to be filed for unlimited outstanding debts. Court cases before the Superior Courts may be instituted where the amounts due vary and are not liquidated.

Commercial and Corporate

The Companies Act (Chapter 386 of the Laws of Malta) provides a well-structured framework for the regulation of companies and partnerships in the Maltese jurisdiction. Due to Malta’s accession to the European Union, companies registered in Malta enjoy free movement within the EU, whereby they are able to avail themselves of the lowest effective tax rates in Europe due to the extensive Double Taxation Treaty network currently in place. Companies or partnerships may be expediently set up in less than 48 hours with relatively low costs and highly professional services.

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