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Matthew Elvin

Matthew Elvin, Principal Lawyer

I called Matthew Elvin who made me feel at ease immediately. At this initial meeting, he provided me with a clear outline about the process and was upfront and fair about the costs. He communicated with me very clearly throughout the process, kept me informed and presented me with options.

Matthew Elvin

Matthew is a commercial and disputes lawyer in Melbourne who has been practising for around 10 years. He has advised, assisted and represented clients at all stages of their commercial ventures. He has assisted hundreds of clients to resolve disputes out of Court.

Matthew conducts well prepared, strategic, and hard fought legal proceedings. He has brought and defended dozens of Court proceedings for breaches of contract, breaches of fiduciary duty, breaches of business partnership contracts, negligence and for professional negligence. He is a trusted adviser to his clients with an eye for detail who thinks outside the box.

Matthew is passionate about justice and compassionate with his clients. In 2015 he founded Elvin Lawyers. The firm today comprises four hand picked lawyers, each an expert in their field, drawn together by a mutual no-nonsense approach to legal practice and an authentic desire to do better law.

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

  1. In a 2022 VCAT case VNH (Guardianship) [2022] VCAT 379  Elvin Lawyers relied on expert neuropsychological evidence to persuade the Tribunal to overturn a 2021 Power of Attorney and instead uphold a 2017 Power of Attorney made by Elvin Lawyers’ client.
  2. In a 2022 Supreme Court case Elvin Lawyers won an appeal, overturning an earlier Magistrates’ Court judgment regarding breaches of Overarching Obligations.
  3. In a 2021 Supreme Court case, Elvin Lawyers and a barrister persuaded the Court to overturn a deceased’s Will. This ruling meant that Elvin Lawyers’ client received considerably more from the deceased estate.
  4. In a 2021 Supreme Court case Elvin Lawyers made a hard fought and complex application to dismiss a Court proceeding for ‘abuse of process’. Unfortunately that application was not successful and that proceeding is continuing.
  5. In a 2020 Supreme Court case Elvin Lawyers successfully defended a summary judgment application.
  6. In a 2020 County Court case, Elvin Lawyers persuaded the Court to dismiss the case against their client.
  7. In a 2019 VCAT case, Elvin Lawyers persuaded the Tribunal to revoke the administration order previously placed on their client. 
  8. In a 2019 (unreported judgment) Magistrates’ Court proceeding, Elvin Lawyers successfully defended a summary judgment application against their client.
  9. In a 2018 case, Elvin Lawyers with Counsel persuaded the Tribunal to order the other parties return valuable tools and machinery to Elvin Lawyers’ client.

Out of court settlements

Matthew maintains a busy list of litigated cases. Below is a selection of Court and Tribunal matters in which he negotiated a final settlement in 2020 to 2022.

A Supreme Court claim alleging fraud and unconscionable conduct in connection with the preparation of a Will.

A County Court claim alleging breach of fiduciary duties following the conclusion of an employment relationship.

A Magistrates’ Court claim alleging negligence in relation to rights to distribution of a death benefit under the Superannuation Industry (Supervision) Act 1993 (Cth)

Three separate Supreme Court claims for further provision from an estate (‘Part IV Claims’)

A County Court claim alleging breach of fiduciary duties and involving consideration of an oppressive conduct claim against a minority unitholder pursuant to section 233 of the Corporations Act (Cth)

A VCAT claim alleging negligence against a conveyancer.

A County Court claim alleging a breach of business partnership agreement (comprising a combined unitholders /
shareholders agreement)

A VCAT claim for misleading and deceptive conduct under the Australian Consumer Law

A Northern Territory Local Court claim for breach of contract and negligence

A Magistrates’ Court claim alleging breach of partnership agreement (comprising a shareholders agreement)

A Magistrates’ Court claim for unpaid wages

A claim filed in VCAT Building and Property List by a landlord for the eviction of a commercial tenant.