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 AU$500 thousand, annual interest of 96% and repayments within 2 months, default penalty doubled to a rate of 192%, and his invested property in Australia as a mortgage. Our client failed to repay loan because of the high interest rate and was facing huge debts. Our client was sued to the Court and was ordered to sell the Australian property to repay his loan and interest. In the day prior to the day of auction, our firm assisted our client applied for and obtain the court's judgement that our client did not need to sell the property. We also successfully assisted our client in overturning the clauses of high interest rate, and renegotiating the clauses with the borrower to resolve the debt dispute.
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 lawsuit against this Australian company and successfully gained the acknowledgement from the Federal Court of Australia regarding this arbitration result.
International Commercial Fraud
Our client is a Chinese trader of large-scale import and export, suffering enormous economic loss because of an international huge fraud. Our firm assisted the client to file lawsuits at the Supreme Court of New South Wales against the Australian company and its shareholders and directors. Prior to the first hearing, the defendants applied for Security for Costs with the claim that our client is a Chinese citizen. In this matter, our firm founded two precedents in the legal practice. Firstly, we submitted strong evidence of over 10 thousand WeChat text and voice messages as well as emails in the last three years, carefully investigated the relevant activities of the Australian company, and researched related laws, we assisted our client in winning the lawsuit. Secondly, although our client is a Chinese citizen without Australian permanent residence visa and has no residences in Australia, we successfully assisted our client in obtaining the Order that Security for Costs was not required in this matter. Prior to the second hearing, our firm collaborated closely with lawyers and witnesses in Vietnam and Pakistan on international investigations. We successfully collected more strong evidence and assisted our client in winning the lawsuit eventually. According to the Order, the defendants' assets in the amount of over AU$200 thousand was frozen; the defendants were required to compensate our client for his loss in the amount of AU$6.8 million, and paid him annual interest in the amount of over AU$1 million until all the debts were cleared.
Transnational Recovery of Payment
Our client is a Chinese clothing supplier, supplying to Australian companies. Our client delivered the goods to the nominated Chinese address
according to online orders. They had been working together for four years, but in the fourth year, the balance in the amount of over AU$200
thousand was not paid for more than 700 orders. This caused severe financial difficulties to our client. Our firm assisted our client to file lawsuits in Australia, but we were facing three aspects of difficulties in this matter. Firstly, without written contracts, it was difficult to obtain evidence. Secondly, online ordering makes it difficult to identify the defendant. Thirdly, the payments were finalised via transferring the money between banks located in China, which caused more difficulties in identifying the defendant. Eventually, our firm assisted our client in successfully identified and sued the defendant with strong evidence based on considerable WeChat text and voice messages and emails of orders. After a formal mediation, the defendant eventually agreed to compensate for our client's loss.
Chinese Couple Divide Assets in Australia
Our client and his spouse invested AU $5 million in a project designated by the Australian government and received Business Visa (Significant Investment) Subclass188C. The client was concerned that his spouse would transfer the investment funds, but the client had signed a prenuptial agreement with his spouse in China and was facing a situation of leaving his home without any assets. Therefore, he contacted our firm to provide urgent assistances. In this matter, our firm founded two precedents in legal practice. Firstly, our client's spouse claimed that they were Chinese citizens without Australian permanent resident visa, having no residences in Australia, and their connection with Australia was their investment fund in the amount of AU$5 million. In the absence of our client's spouse, our firm successfully applied for and obtained a freezing order, which prevented the spouse transferring the funds in the shortest period, and conducted an in-depth investigation into the actual amount of invested funds. Secondly, after the client's spouse claimed that Australia had no jurisdiction, our firm successfully assisted the client to obtain jurisdiction in Australia, facilitating the subsequent procedure of assests division.