Litigation Matters
Acknowledge and execute the judgement from China
Our client sought the enforcement of the result of judgement by the People’s Court of China in Australia regarding a debt of nearly AUD 1 million. This debt was a repayment of a loan to be paid to our client. Whereas, the defendant not only refused to repay the loan, but also left China. The client applied to the Supreme Court of Victoria with our legal assistances, hoping to obtain the Court's acknowledgement of this foreign judgement.
However, this case was highly difficult due to the following two reasons. Firstly, as the defendant evaded debts and litigation, we experiened difficulties in the process of obtaining evidences. Secondly, both our clients and us had concerns on the Australian laws in acknowledging the result of judgement made by the People’s Court of China. Although such difficulties existed, we eventually successfully assisted our client in obtaining the acknowledgement from the Supreme Court of Victoria on the judgement made by the Court of China.
Successfully solved a dispute of repayment of usury
Our client signed a usury agreement involving nearly half a million Australian dollars for repayment within 2 months. The client failed to repay the loan and faced double interest rates. The client was sued to the court and was ordered to sell the Australian property under his name to repay the loan. Therefore, the client sought our assistance in this the debt dispute.
Despite the huge debts that our client experienced, we successfully obtained the court’s judgement that our client did not need to sell the property, and an amount that our client was able to repay was successfully negotiated.
Acknowledge and execute the international arbitration result
Our client successfully obtained an arbitration result of a compensation with the amount of nearly seven hundred thousand US dollars from an Australian company through International Arbitration Commission. The client wanted to execute this arbitration result within the Australian legal system. Therefore, he approached us to assist in this matter.
We successfully filed a suit against this Australian company and successfully gained the acknowledgement from the Federal Court of Australia regarding this arbitration result.
Lawsuit against violation of director’s obligation
Our client as a liquidator, found evidences to prove that the director of a company that was about to go bankrupt had suspicious secret operations (such as fund transfer), under the circumstances that this company had huge commercial liabilities to another company. The client required us to legally assist in recovering the fund from the director. After investigating all the evidences collected, we successfully and strongly proved that every transaction operated by the director was non-commercial, which was against the trust obligation as a director. Eventually, the director fulfilled the settlement in accordance with our client’s requirements with regard to this dispute.
Urgent freezing order to protect the client’s property from fraud
Our client paid over AUD 2 million for the goods in accordance with the contract. However, he received no good. Therefore, he sought urgent assistances from us. At that time, the client was worried regarding whereabouts of his fund. We immediately started investigating the company who received the payment made by our client, and found out very soon that this was a fraud existed for a long time. Instantly, we applied to the Court for freezing the asset of this company and restricting the director from dealing with commercial activities. With the strong evidence that we persistently collected, we successfully got the freezing order against the asset of the company and restricted the director from doing business, which effectively protected the interests of our client.
Defend for the application of security for costs
On behalf of a China import and export trader, our firm filed a lawsuit against an Australian company, its shareholders and directors to the Supreme Court of New South Wales. However, the defendant requested to apply for security for costs just because our client is a Chinese. However, our client was almost penniless and unable to pay for the security for costs after suffering the fraud. Followed by our persistent investigation on the Australian company’s business activites and research on the relevant laws, we successfully submitted strong evidences to the court and won the lawsuit.
Represent the litigation against international fraud, violation of trust, misleading and false actions
Our client paid over 2 million Australian dollars for the goods in accordance with the contract. However, no goods were received. Therefore, sought urgent assistance from us. For this business, the client bore many debts and was anxious to recover the fund as soon as possible.After working closely with the client and the lawyers from Vietnam and Pakistan, we found out that many messages our client received which were sent by this Australian company are misleading, false and fraudulent. The company also promised to deposit the client’s fund into a trust account. We immediately drafted a testimony against the Australian company and the relevant staff, as well as submitted a lot of powerful evidences. At the moment, the case is being heard by the Supreme Court of New South Wales.
Family Law-Urgent freezing order
Our client and his ex-wife were granted with investment visas and invested AUD 5 million in a project designated by the Australian government. However, the client divorced his ex-wife later on. Because the client worried that his ex-wife would transfer some of the investment fund in Australia, he sought our urgent assistance. Eventually, we successfully got the freezing order and promptly prevented the client’s ex-wife from transferring the investment fund of AUD 5 million. In the meantime, we thoroughly investigated the exact amount invested. During the above-mentioned process, the client stayed in China all the time.
