Matthew Elvin, Partner
“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 Elvin is a seasoned commercial and disputes lawyer based in Melbourne, with over 12 years of experience. He has guided clients through every stage of their commercial ventures, successfully advocating in numerous court cases and resolving disputes out of court for hundreds of clients.
Matthew is known for his meticulous
preparation, strategic thinking, and tenacious pursuit of his clients’ interests in legal proceedings. He has initiated and defended a wide range of cases, including breaches of contract, fiduciary duty violations, business
partnership disputes, and professional negligence claims. His attention to
detail and innovative problem-solving make him a trusted adviser to his
clients.
Passionate about justice and deeply compassionate towards his clients,
Matthew founded Elvin Lawyers in 2015. The firm has since grown to include
three partners, each an expert in their respective fields, united by a shared
commitment to straightforward, effective legal practice and a genuine desire to
make a positive impact in the legal community.
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.
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.