Education

University of New South Wales, Australia
Juris Doctor (J.D.)

University of New South Wales, Australia
Master of International Business, Trade, and Tax Law

Macquarie University
Bachelor of Business Administration

Language

English | Mandarin

Yin Chen

Managing Partner (Australia)

Yin Chen handles all aspects of litigation across the full range of M&A and other corporate and contract litigation and injunction proceedings, as well as disputes over alleged business fraud and claims of corporate wrongdoing.

Background

Lawyer of High Court of Australia
Lawyer of Supreme Court of New South Wales
Member of the Law Society of New South Wales

Yin currently serves as the Managing Partner at Yingke Australia, his main practice areas include civil and commercial litigation, dispute resolution, and acting for insolvency practitioners, institutional clients, business owners, and high net worth individuals in complex commercial disputes across diverse commercial situations.

With experience in a variety of commercial litigation and dispute matters, Yin is well-versed in the Australian court system and litigation processes. He diligently identifies potential legal risks and pitfalls, leveraging his strong litigation background and extensive dispute mediation experience to mitigate risks and help minimise the financial and costs associated with disputes.

Yin has independently prepared cases and appeared for clients in the Supreme Court of New South Wales as solicitor for motions and urgent injunctions before duty judges and achieved favourable outcomes. Yin has also appeared before Tribunal members and Fair Work Commissioners during final hearings.

Yin’s expertise lies in his ability to communicate complex legal issues in a simple and effective manner, especially with clients with Chinese background, enabling clients to understand and navigate their legal challenges. He is committed to providing practical advice and helping clients resolve intricate legal matters.

Yin is currently also working on a book that focuses on Australian contract laws, written in Chinese.

Selected Litigation Matters

Hume Plasterboard Pty Ltd v Lin Betty Building Group Pty Ltd [2022] NSWSC 89 (9 February 2022)
Gym & Tonic Healthclubs Pty Ltd v Cai Xia Xu [2022] NSWSC 1741 (16 December 2022)
PNJ Investment Holding Pty Ltd v ST.K Family Pty Ltd atf ST.K Family Trust [2021] NSWSC 530
Lindvest DM Pty Ltd v CPDM Pty Ltd [2020] NSWSC 1290
Hume Plasterboard Pty Limited v Brilliant Interiors Pty Limited [2019] NSWSC 679
Di Palma v Chimmalee [2019] NSWSC 864
New Galaxy Investments Pty Ltd v Thomson & Ors [2017] NSWCA 153

Selected Transactional Matters

Acting for a third-party trading and payment platform company in Australia: providing legal advice and services on corporate governance and control, financing and structuring, compliance of Australian Financial Security Authority (AFSA), legal advice and services involving the drafting of financial services guidelines, personnel management, financial product disclosure statements and related confidentiality rules.
Coordinating with Beijing Yingke (Headquarters) and represented CNPC for advice in relation to large-scale constructions contractual dispute in the context of COVID-19 pandemic.
Represented a major Australian office equipment supplier: negotiating and completing a major share repurchase and senior personnel changes with the Australian Securities and Investments Commission (ASIC).
Acted for various large Chinese restaurant chain in Australia: drafting and negotiating various agreements, registering and protecting intellectual property rights such as trademarks, resolving various employment disputes, drafting and reviewing corporate employment agreements, negotiating with the Fair Work Ombudsman, etc.
Acted for Chinese investors: participating in the bidding and preliminary due diligence of a municipal centre in Victoria, reviewing and issuing legal opinions in relation to the construction project and the acquisition scheme of the property.
Acted for Chinese investors in the development of boutique houses in high-end residential areas in Australia: advice clients on the investment and development framework in Australia and the preparation of related agreements, providing opinions to the Foreign Investment Review Board (FIRB), resolving shareholder and corporate governance disputes, etc.
Acted for Chinese suppliers in debt recovery process: representing creditors in the New South Wales Supreme Court for issues including priority, secured creditors, advice on liquidation process.
Acted for Chinese companies in negotiations and consultations with relevant government departments, including the Australian Securities and Investments Commission (ASIC), the Fair Work Ombudsman, the Foreign Investment Review Board (FIRB), the Australia Fair Trading, etc.
Providing legal advice on structure, governance and control for start-up companies; providing legal advice and services on personnel management, qualification application, financing and other matters to avoid and mitigate litigation risks.