Senior Associates

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Cheryl Sun

LL.M, LL.B, BCom (Senior Associate)

Phone: +61 8 9221 0033
Email: csun@mphlawyers.com.au
Senior Legal Assistant: Jennifer Shaw
Email: jshaw@mphlawyers.com.au

Cheryl is a Senior Associate in our commercial litigation team.

She holds a Bachelor of Laws and a Bachelor of Commerce (Finance) from the University of Auckland, New Zealand, as well as a Master of Laws (Intellectual Property) from the University of Edinburgh, United Kingdom. Cheryl is fluent in Chinese Mandarin.

Admitted in New Zealand in 2011 and Western Australia in 2013, Cheryl practises in the areas of commercial litigation, contractual disputes, Corporations law, building and construction, and insolvency. She also has a particular interest in intellectual property and IT-related matters.

Cheryl appears in various Courts and Tribunals of Western Australia, including the District and Supreme Courts of Western Australia, as well as the Federal Court. 

Cheryl's experience includes:

Construction, Engineering and Technology

  • Advising construction and engineering companies in connection with tender applications and contract administration.
  • Acting on behalf of an engineering company in adjudication proceedings under the Construction Contracts Act, defect and negligence claims and injudical review proceedings and arising out of a major WA infrastructure project.
  • Advising a listed AI company in relation to the acquisition of Asia-based assets.
  • Acting for directors and shareholders of a listed IT company in relation to a takeover by scheme of arrangement under Chapter 6 of the Corporations Act.
  • Advising listed and unlisted technology companies in relation to intellectual property, cross-border data collection and privacy issues, including compliance with EU General Data Protection Regulation (GDPR).

Corporations, Commercial and General Contract

  • Acting for former directors and shareholders in a multimillion-dollar dispute involving various Corporations Act, trade and practices and directors' duties issues. The dispute led to a two-week trial in the Supreme Court of Western Australia.
  • Acted for a former director and shareholder in proceedings involving alleged misappropriation of assets exceeding $100 million and recovery of personally funded construction cost overruns in excess of $500 million. Acting for directors and former directors of listed mining companies in relation to alleged breaches of statutory and fiduciary obligations.
  • Acting in a dispute arising out of a multimillion-dollar agreement for the sale and purchase of agricultural land, livestock and farming assets. Acting for a former director of an ASX-listed company in relation to a damages claim by administrators for alleged breaches of directors' duties.

Insolvency

  • Advising insolvency practitioners on debt recovery and Personal Property Securities Act Issues.
  • Acting for a director and shareholder of a large private company in Federal Court enquiry into the conduct of receivers and managers
  • Acting for and advising companies in relation to unfair preference claims, voluntary administration and Deeds of Company Arrangement.