Jason Falzon, Partner
“We had a good experience with Elvin Lawyers – Jason was a very thorough and thoughtful lawyer.”
Jason Falzon
Jason practices in Wills & Estates and Property Law.
He is a partner at Elvin Lawyers with over 10 years of experience advising on Wills, Estates, and Property law matters and appearing in various courts and tribunals in Victoria. An experienced negotiator, he
provides clear advice and works exceptionally hard to achieve results for his clients.
Admitted to legal practice in 2014, he completed his Bachelor of Laws with second class Honors from Deakin University in 2013.
Before joining Elvin Lawyers, Jason served as an in-house Counsel-lawyer for
State Trustees for 3 years, where he gained extensive experience in estate planning, testator family maintenance claims (claims against a deceased estate), and Court litigation.
Prior to his tenure at State Trustees, Jason worked as a lawyer in a busy reputable firm, gaining valuable knowledge in various areas of law including family, property, contract, commercial, and civil law. This broad experience continues to be invaluable in his approach to assisting clients.
In his spare time, Jason is determined to pull a perfect espresso shot and is a passionate supporter of Fiorentina in Serie A football (soccer).
Practice areas
Jason has extensive experience in:
- Bringing claims by adult children and guardians seeking a greater share of the estate
- Defending executors against claims by parties for a larger portion of the estate
- Initiating and defending legal proceedings to assess the capacity of a willmaker and determine the validity of a will
- Recovering estate property through legal action, including the forced eviction of unwanted parties occupying estate property.
- Handling Administration and Guardianship matters in VCAT
- Representing attorneys in elder abuse cases
- Assisted Purchasers and Vendors in the acquisition or sale of residential and commercial property
- Acting for clients in relation to general property litigation.
In addition, Jason assists clients with comprehensive estate planning and administration services, including:
- Providing estate planning advice with a focus on tax minimization and asset protection
- Preparing Wills
- Drafting Powers of Attorney
- Creating Appointment of Medical Treatment Decision Maker documents
- Preparing and filing Probate and Letters of Administration applications
Case highlights
“In the absence of clear and satisfactory proof, the court cannot be satisfied that the deceased knew and approved of the contents of the Will.” – Judge McMillan, 17 May 2021
2023
- Supreme Court: RESTRICTED JUDGMENT – successfully conducted a strike out application in a commercial case involving allegations of breach of restraint of trade and infringement of intellectual property rights.
- Supreme Court: Pryda Developments Pty Ltd -v- Noble Lawyers Pty Ltd (S ECI 2023 03433) – successfully defended a winding up application.
- County Court: Man -v- Fragrance Vic-Mel (Spencer) Pty Ltd (CI 22 05117) – successfully defended a strike out application.
- Supreme Court: Gigliotti -v- Gigliotti (S ECI 2023 00575) – Obtained a substantial costs order in the Supreme Court costs court.
- VCAT, Guardianship List: FXX (Guardianship) [2023] VCAT 382 (14 April 2023) – Obtained a compensation order against a person who abused their authority under a Power of Attorney in contravention of section 63 of the Power of Attorney Act 2014.
- Supreme Court: D’Auria -v- D’Auria [2023] VSC 533 – Conducted a 6-day trial in the Supreme Court.
- County Court: Man -v- Fragrance Vic-Mel (Spencer) Pty Ltd (CI 22 05117) – successfully defended an application for security for costs.
2022
- Supreme Court: Successfully appealed an incorrect Magistrates’ Court judgment regarding alleged breaches of the Civil Procedure Act.
- Supreme Court: RESTRICTED JUDGMENT – successfully defended an asset ‘freezing order’ application and obtained an order for legal costs.
- Supreme Court: RESTRICTED JUDGMENT – obtained a Court order to remove a person illegally occupying a Melbourne house and obtained order for legal costs.
- VCAT: VNH (Guardianship) [2022] VCAT 379 – overturned a 2021 Power of Attorney and upheld a 2017 Power of Attorney.
2021
- Supreme Court: Re Jones [2021] VSC 273 – obtained a Court Order at trial overturning a deceased’s Will, resulting in a greater share of the estate for our client.
- County Court: Le & Austviet International Pty Ltd -v- SL (CI-19-06064) – brought an application to dismiss a Court proceeding for abuse of process.
2020
- Supreme Court: Dessco Pty Ltd v Davey; Elvin v Davey [2020] VSC 696 – successfully defended a summary judgment application.
- Supreme Court: Vorontsov & Anor v Fong & Ors (No 2) [2020] VSC 458 – obtained a Court Order dismissing the case against our client.
2019
- County Court: Layer 7 Group Pty Ltd -v- Snooze Management Pty Ltd (CI 18 04893) – successfully defended an application for security for costs.
- VCAT: OYN (Guardianship) [2019] VCAT 474 – obtained a VCAT Order revoking an Administration Order.
- Magistrates’ Court: Muhammad -v- Sampieri (J12533895) – successfully defended a summary judgment application.
2018
- County Court: Secgin v Mohamad & Ors (CI 18 011467) – defended a claim arising from a drafting error on a sale of land contract.
- VCAT: Lefkas Builders Pty Ltd v Hargale Investments Pty Ltd [2018] VCAT 935 – obtained a judgment ordering the return of tools and machinery to our client.
2017
- Supreme Court: Van de Velde -v- Levinzon & Registrar of Titles [S CI 2015 2970] VSC 532 – defended a costs application.
- Magistrates’ Court: Samatar -v- Warsame (H10227948) – conducted a 4-day trial as plaintiff and defended an application to stay the case.
- Supreme Court: Lefkas Builders Pty Ltd & Anor v JBT Lawyers & Anor (S CI 2017 02615) – sued a solicitor for breach of solicitor’s undertaking.
2016
- Magistrates’ Court: Davey -v- Dessmann (G11441224) – successfully defended against a strike out application.