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kelvin tay

languages

English, Malay, Mandarin

practice area

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  • International Dispute Resolution
  • Commercial Litigation

about

Kelvin has a broad commercial/civil litigation practice with a focus on corporate and commercial, property, and building and construction disputes.

For over 12 years, he has acted for clients before Australian courts including the Supreme Court of Victoria and Federal Court.

He is adept in managing high-value and complex litigated and unlitigated disputes and experienced in managing all aspects of trial (in person and virtual).

Previously, Kelvin worked in an international firm's Singapore office where he handled international arbitrations under the LMAA, ICC, SIAC and UNCITRAL rules for clients in the energy, commodities and shipping sectors.

Kelvin is admitted to practice in the Supreme Court of Victoria and the High Court of Australia. He holds a Bachelor of Laws and Bachelor of Arts and a Masters of Laws (LLM) from the University of Melbourne.

Kelvin was recognised in the 2027 edition of The Best Lawyers guide as “Ones to Watch” in the Alternative Dispute Resolution category.

EXPERIENCE

  • Advising and acting for parties in shareholder/partnership disputes and oppression proceedings in the Supreme Court of Victoria
  • Acting for property developers and landowners in high value, multi-party contract claims. See for e.g Liu v Resi Ventures Leakes Pty Ltd (No 2) [2019] VSC 638 (also acted for the First Defendant seeking security for costs).
  • Defending landowner against claim in Supreme Court regarding sale of land for $81.25 million and allegations of wrongful forfeiture of deposit and instalment payments and whether default provisions in contract of sale constituted a penalty.
  • Advising clients on debt and insolvency issues such as winding up or bankruptcy and voidable transactions claims including unfair preferences, unreasonable director-related transactions and loans.
  • Acting for parties in high-value building defects claims, in particular, claims on behalf of owners corporations and multiple lot owners for defective works and breaches of statutory warranties under the Domestic Building Contracts Act 1995.
  • Acting for taxpayers in Federal Court proceeding against the ATO objecting to notices of assessments for capital gains derived by taxpayer from the sale of land in Victoria for $30 million.
  • Acting for taxpayers in land tax appeals against the SRO in VCAT or the Supreme Court of Victoria.
  • Acting for one of the world's largest global commodities traders in sale and purchase dispute with a Sri Lankan state enterprise over supply of low sulphur fuel oil and late delivery. Arbitration seated in Singapore and governed by UNCITRAL Rules.
  • Acting for one of the world's largest soft commodities trader in a charterparty dispute with ship owners over off-hire issues arising in Chittagong port, Bangladesh. Arbitration seated in London and governed by LMAA Rules.
best lawyer 2027

kelvin tay

principal lawyer

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news and insights

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  • Align Law recognised in 2027 Best Lawyers® guide

    Align Law recognised in 2027 Best Lawyers® guide

    In this year’s Best Lawyers® guide, Kelvin Tay has been listed in the 2027 The Best Lawyers guide as “Ones to Watch” in the Alternative Dispute Resolution category.

    Read more
  • Re Singh & Anor v Ozzie Homes Building & Construction Pty Ltd [2026] VSCA 25

    Re Singh & Anor v Ozzie Homes Building & Construction Pty Ltd [2026] VSCA 25

    The Victorian Court of Appeal decision in Re Singh & Anor v Builder Homes Building & Construction Pty Ltd [2026] VSCA 25 is a reminder that whether building stages

    Read more
  • From Agreement to Argument: Is your Dispute Resolution Clause Enforceable?

    From Agreement to Argument: Is your Dispute Resolution Clause Enforceable?

    In commercial contracts, dispute resolution clauses are often seen as a safety net designed to keep parties out of court and resolve disagreements efficiently.

    Read more
  • Major Reform Ahead: What the Proposed Ban on Non-Compete Clauses Means for Australian Businesses

    Major Reform Ahead: What the Proposed Ban on Non-Compete Clauses Means for Australian Businesses

    The Australian Government has announced in its 2025-2026 Federal Budget its intention to ban non-compete clauses for employees earning less than $175,000 per annum.

    Read more
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