Our Work
Case Summaries
Litigation Matters
Reported Cases
Liu v Ma [2017] VSC 810 – Albert Dinelli (Now SC) appearing – Recognition and enforcement of a Chinese judgment.
Luo v Windy Hills Australian Game Meats Pty Ltd (No 3) [2019] NSWSC 862 – Luke T Livingston (Now SC) appearing – Claim for breach of contract, restitution, misleading or deceptive conduct and breach of trust in connection with the supply of beef products.
Meetfresh Franchising Pty Ltd v Ivanman Pty Ltd [2020] NSWCA 234 – Noel Hutley SC and Robert Tregenza appearing – Appeal with respect to claims for breach of contract and damages with respect to a franchising agreement.
Prospective Life Pty Ltd v Rui Liang Xian trading as Lucky Styles [2020] NSWDC 697 – Elizabeth Peden SC (now Justice Peden) appearing with Sarah Andrews – A claim with respect to the breach of contract that concerns written, oral and implied terms.
Sui v Jiang and Anor [2021] NSWSC 435 – Elizabeth Peden SC (now Justice Peden) appearing with Benjamine Debuse and Mirren Waters – Claim for damages for breach of a contract written in Mandarin prepared by non-lawyers, and interpretations of contract terms.
Sui v Jiang [2021] NSWCA 285 – Elizabeth Peden SC (now Justice Peden) appearing with Gideon Gee – Appeal with respect to judgment in Sui v Jiang and Anor [2021] NSWSC 435.
Wang v Cai [2021] NSWSC 1162 – D Smallbone appearing – Application with respect to Discovery and beneficiary’s rights to books and records of the trust.
Jiang v Han [2022] NSWSC 1398 – Wayne Muddle SC appearing with Robert Tregenza – Claim for security for costs and the Defendant’s cross-claim
Chua, in the matter of Aoji Enrolment Centre of International Education Limited [2022] FCA 1518 – John Anderson appearing – Recognition and enforcement of a winding up order made by the High Court of Hong Kong.
Yin v Wu [2023] VSCA 130 – David Smallbone appearing – Defendant’s appeal with respect to a summary judgment in the Victoria Court of Appeal concerning a Chinese creditor in this cross border common law debt action on a Chinese judgment from the Ningbo People’s Court.
Shirota v Liu [2023] FCA 1429 – Justin Hewitt SC appearing – interlocutory application for ancillary orders in respect of a potential sale of real property in which the plaintiffs may have an interest.
Shirota v Liu [2024] FCA 187 – Justin Hewitt SC appearing – interlocutory application for orders regarding the sale proceeds of the real property that was purportedly offered as repayment for lost investments.
Ossen Pty Ltd v K&S Development Pty Ltd (Receivers & Managers Appointed); Clarke v Ossen Pty Ltd [2024] NSWSC 165 – Marcus Young SC appearing – an application on behalf of the second-ranking mortgagee successfully recovered mortgage debt.
Sui v Jiang [2024] NSWSC 1013 – Stuart Lawrance SC appearing with Dean Elliot – Application concerning a claim pursuant to an investment agreement where by the legal issues concern the construction of terms.
Ongoing Relevant Matters
1. A investigation matter concerning the conduct and compliance of a director of a Company that operates a real property rental business.
2. A matter concerning a dispute between the shareholders and directors and an application to the Court to resolve a deadlock of the Company.
3. A number of other matters whereby the plaintiffs applied against a certain investment funds company for breaches of trust obligations and other conduct leading to the loss of their investments.
Non-litigation
A state-owned energy company in Nantong, Jiangsu merged with a subsidiary of an Australian company. The amount invested is between AUD $30-50 million. Our firm was engaged in the whole process of merger and conducted due diligence investigation on Australia company’s headquarter, subsidiaries and branches. Our firm investigated the organizational structures, equity right allocation and transfer, transaction structures, assets held by the company, and issued due diligence reports accordingly.
A multinational technology company in Hangzhou was to be listed in H share in Hong Kong. In order to satisfy the criteria of China Securities Regulatory Commission, our firm conducted due diligence investigation on its Australian subsidiary in terms of the company’s qualification, asset, bond and debts, legal disputes, etc., and issued legal advice reports in accordance with the criteria of Securities Regulatory Commission.
An asset managing company in South Korea acquired commercial asset in Sydney, Australia with the total acquisition amount of AUD16-20 million. Our firm participated in the whole process of this project and conducted due diligence investigation on the original owner of the commercial assets, in terms of acquisition of property and business.
An investment company in Ningbo acquired commercial real estate in Australia with the total amount of AUD7 million. Our firm conducted due diligence investigation on the commercial real estate acquired and property transfer in accordance with the client’s requirement. The investigation covered property ownership and inquired whether the land was restricted and affected by any debts and other transactions.
A listed company in Sichuan merged with a vocational education institution in Sydney. The total amount invested is AUD10 million. Our law firm conducted due diligence investigation on the institution according to the client’s instructions. The investigation covered the equity right structure, important legal permission or license, and assets and the debts.
Our firm acted on behalf of a Chinese client to acquire a real estate development project at a prime location in Sydney. The amount invested is AUD30 million. We conducted the whole project’s consultation, negotiation, drafting of the land contract and the transactions of all the off-the-plan properties.
Our firm acted on behalf of a famous Australian developer to conduct specific financing for land development. We provided a full package of legal services from drafting fund documents, establishing fund to the successful completion of this project.
‘One-Stop Service’: We assisted in setting up the Australian Representative Office of Guangdong Council for the Promotion of International Trade, and the Australian Representative Office of Huizhou Council for the Promotion of International Trade.
Investment and Migration
Assist Employee in A Startup Company in Obtaining Visa
A startup financial service company approached us for assistance in visa application for their experienced financial service specialist. This specialist had been working in a large state-owned bank in China. Unfortunately, at that time, the company’s turnover and limited business operation length did not qualify the employee to apply for such visa. However, with our professional legal services, we successfully got the guarantee permission and guaranteed the employee to apply for work visa which was granted later on.
Assist in Establishing Australian Branch Office
Our client which is a large listed and state-owned enterprise intended to set up a branch in Australia and assign senior management staff to work in Australia. With our close and sincere cooperations, we successfully assisted them in the successful application of commercial guarantor qualification. Eventually, our client successfully guaranteed their senior managers to get temporary working visas.
Assist in Obtaining 188B Visa after 2 Rejections
As the founder and manager of a well-known enterprise management and consulting company in China, our client applied for AU$5 million Significant Investor Visa (Subclass 188C) twice and both were rejected. We carefully analysed the reasons of rejections, and found that the main reason for the refusal was that our client couldn’t prove the legal source of the deposit in the amount of AU$10 million in the Australian bank account. After in-depth communications with our clients, we designed a new immigration proposal for our client, reorganized the application documents and applied for Subclass 188B Visa, which was finally approved in 2018.
188C / 888C Visa Application- Significant Investor Visa
Our client is a famous entrepreneur in China. We assisted him in obtaining the 188C visa. After that, we were authorized to assist him in applying for 888C permanent residence visa. Followed by a great deal of contacts with our client, we prepared all the documents and officially submitted the visa application in December of 2017. Later on, the Department of Home Affairs required many times to provide further documents or information. With our cooperation, the client provided relevant documents and information timely. In May of 2018, our client was successfully granted with the 888C permanent residence visa.
