Full Profile
Yong is a professional and commercial disputes lawyer specialising in corporate and commercial, energy and resources, infrastructure, healthcare, construction, and financial services.
He has niche experience in areas like emerging technology, bankruptcy, insolvency, and native title, which he leverages to complement his main areas of focus.
He has experience as instructor at interlocutory and final hearings before the Magistrates, District, and Supreme Courts of Western Australia and the Federal Court of Australia, as well as matters before the Australian Financial Complaints Authority and Australian Health Practitioner Regulation Agency. He has experience appearing as counsel at contested case management conferences, settlement conferences, applications, and sentencing hearings.
Experience
Professional Liability
- Assisting a global financial firm with responding to complaints before the Australian Financial Complaints Authority arising from alleged inappropriate investment advice with respect to family trust and self-managed superannuation fund structures.
- Assisting WA-based health practitioners with responding to medical negligence claims in the District Court, as well as notifications before the Australian Health Practitioners Regulation Agency.
- Assisting a SME construction firm with responding to a property damage claim by the owner of neighbouring land allegedly arising from construction work.
Commercial Disputes (General Litigation / Management Liability)
- Assisting a global technology firm with participating in a NOPSEMA investigation arising from alleged breach of parameters during a marine seismic survey operation.
- Assisting a global construction firm with negotiating and securing a stay of various civil proceedings pending related criminal proceedings.
- Assisting a fidelity fund authority with investigating claims of pecuniary loss due to fraudulent or dishonest dealing with trust money or trust property by law practices, including responding to an application in the Supreme Court of Western Australia seeking compensation from the Solicitors’ Guarantee Fund.
- Assisting a racing statutory authority in a preliminary discovery application in the NSWSC brought by Racing NSW arising from alleged breaches of competition law and directors’ duties by board members of Racing Australia.
- Assisting SME corporations with regulatory prosecution arising from an alleged failure to obtain appropriate workers’ compensation insurance, including appearances at sentencing hearings in the Rockingham Courthouse and Northam Courthouse.
Commercial Disputes (Global Recoveries)
- Assisting insolvency practitioners with obtaining orders for vacant possession of bankrupts’ property.
- Assisting an investment fund manager with enforcing a bank guarantee in relation to a commercial real estate lease.
- Assisting fund managers with responding to a clawback claim by US-receivers of an investment management company, including advising on potential enforcement and UNCITRAL Model Law on Cross-Border Insolvency.
Commercial Disputes (Emerging Technology)
- Assisting victims of digital asset fraud and cyber loss, including liaising with virtual asset service providers, stablecoin issuers, law enforcement agencies, and solicitors acting for mutual clients in overseas jurisdictions, as well as applying for preliminary discovery orders and orders to lift the Harman Undertaking.
- Assisting an individual with responding to a family provision claim in the Supreme Court of Western Australia, including developing a strategy with Senior Counsel to seek disclosure of the applicant’s undeclared crypto-token holdings.
Commercial Disputes (Energy and Resources / Infrastructure)
- Assisting an energy and resources infrastructure firm with applying for an extension of time to lodge objections to applications for miscellaneous licences to build a power plant which overlapped with mining railway infrastructure my client was planning to build, including advising on land tenure issues, tenement overlap, reviewing potential overlap with Aboriginal sites, land access issues, and appearing at directions hearings in the Wardens Court.
- Assisting indigenous claim groups with securing consent determination, as well as advisory on land tenure, land access, and royalty agreements.
- Assisting a prescribed body corporate with successfully objecting to a subpoena to produce a confidential mining royalty agreement valued over $70 million.
- Acting for a SME telecommunications contractor in Supreme Court proceedings for a compensation claim arising from a helicopter crash at Banks Peak in Moa Island, Queensland in circumstances where overgrown vegetation obscured the helicopter landing site and the ATSB report found the Commonwealth’s design and maintenance schedule of the helicopter landing site made it susceptible to overgrowth.
