Shun Cheng is the Managing Partner of Guantao’s Sydney office. He specializes in cross-border M&A, corporate & commercial and commercial litigation. Shun came to Australia in 1998 and he is admitted as a solicitor to the High Court of Australia and the Supreme Court of New South Wales.
Shun was admitted in 2003. Since then he has worked in a number of Australian law firms including two Australian top-tier firms. He has advised clients from various industries including energy, mining, government organisations, pharmaceuticals, construction, clothing and business consulting.
Shun has advised clients from both Australia and China. He has assisted clients from China in acquiring interests in Australia and setting up appropriate structures to facilitate future operations in Australia. Shun also assisted Australian clients setting up joint ventures and other businesses in China.
In Shun’s practice, he has also been involved in litigation matters. Apart from winning a few significant cases in the Supreme Court of New South Wales and the Federal Court of Australia, in early 2009 he helped a Chinese client successfully enforced an arbitral award delivered by the China International Economic and Trade Arbitration Commission (CIETAC) in the Supreme Court of New South Wales. His experience in litigation and dispute resolution helps his clients significantly in avoiding potential disputes.
As one of the first Chinese born and educated lawyers to qualify as a solicitor in Australia, Shun has a unique set of legal skills and experience.
Shun has a thorough understanding of the differences between Australian and Chinese cultures. His ability to bridge the gap between the two cultures places him as one of the leaders in helping Chinese corporate and individual investors to invest successfully in Australia.
Shun has been on board of a number of non-profit organization over the years. He is actively involved in the activities in the Australia-China business community.
Practice Areas
Cross-border M&A, corporate & commercial, property and commercial litigation.
Representative Transactions
Cross-border M&A and Corporate & Commercial:
• Confidential: 2007 involving in acting for a leading Chinese coal producer in its proposed acquisition projects in Queensland by advising on legal structure and providing legal due diligence.
• Confidential: 2007 involving in acting for one of the largest Chinese steel producer in its two acquisition projects in South Australia.
• Global Procurement Solutions: 2008 acting for this Australian company in setting up a joint venture company with a local government in Jiangsu Province manufacturing steel shelving for large shop outlets.
• Waranga Resources: 2008 acting for this Australian company advising its contract with an Indian company for the purchase of Indian iron ore shipping from India to China.
• Confidential: 2009 acting for a Chinese pharmaceutical company in setting up a wholly owned subsidiary company in Australia.
• Confidential: 2009 acting for a private Chinese logistic company in its proposed joint venture with two companies by undertaking due diligence.
• Confidential: 2010 involving in legal due diligence for a coal mining company take over between an offshore private company and an onshore public listed company.
• Confidential: 2010 involving in acting for a Chinese state owned enterprise in its provision of EPCM services to an Australian mining company in a Moly mine project in Western Australia.
• Confidential: 2011 acting for a local resources company in its acquisition of another coal mining company in the Hunters valley area New South Wales by providing full legal due diligence.
• Confidential: 2011 acting as local counsel for a large Chinese private company in its Australian subsidiaries’ restructuring for its mother company’s proposed IPO in SSE.
• Confidential: 2011 acting for a Chinese investors syndicate in its joint exploring and developing a magnetite project in the mid-west region of Western Australia.
• Confidential: 2011 acting for a large Chinese state owned company in its FIRB application regarding its two subsidiaries’ shareholding transfer to its BVI companies.
• Confidential: 2012 acting for a large Chinese private company undertaking legal due diligence and answering questions from the Chinese regulatory body through client’s lead counsel for the mother company’s IPO in SSE.
• Confidential: 2103 advising a large Chinese state owned enterprise in Australia in general corporate matters including acting for it in its trade mark application for its agricultural products.
• Confidential: 2013 acting for a private Chinese investor by providing legal due diligence in his acquisition of a local organic and cosmetic products company.
• In 2014 acting for Apex Aluminum on its Australian company set up, shareholding arrangement and drafting agreements with various parties.
• In 2014 acting for a high net worth individual in the name of his family trust in his mezzanine landing to a large property development project in Chatswood NSW.
• In 2014, acting for Appier Inc for its Australian operations.
• Since 2014, acting for a well-known Australian franchisor Sushi Hub with respect to its franchise, property, leasing, intellectual property and advising on its general operations in Australia and overseas.
• Since 2014, acting for Tasman Pacific Holding, a well-known Australian health products manufacturer.
• In 2014, acting for Energus, a solar panel manufacturer and wholesaler in its Australian operations.
• 2015 acting for an Australian bio laboratory in its proposed joint venture with its Chinese counterpart based in Guanzhou, Guangdong.
• 2015 acting for a well-known Chinese ecommerce company in its Australian operation.
• 2016 acting for a leading Chinese ecommerce company in relation to its Australian operation.
• 2017 acting for a Chinese listed company in its acquisition of Australian real property assets.
• 2017 acting for a start-up franchisor in its setup of franchise and relevant documentation.
• 2017 acting for SOE CCIC Property Management in its Australian local operations.
Commercial Litigation:
• Confidential: 2012 acting for the Chinese shareholders in an Australian mining machinery group company advising their dispute with their co-shareholders.
• Confidential: 2013 acting for a Chinese mining machinery manufacturer in its dispute with an Australian supplier.
• In 2014 acting for a large Sydney local construction company in relation to its dispute with its supplier.
• 2015 acting for a Chinese private company in its directors’ dispute in the Supreme Court of NSW.
• 2015 acting for a Chinese manufacture based in Hangzhou, Zhejiang Province in its debt recovery proceedings against its Australian purchaser counterpart.
• 2015 acting for a group of Chinese investors in their investment dispute with an Australian mining company based in Northern Territory.
• 2015 acting for a Chinese private company in its dispute with other shareholders with respect to the company’s back door listing on the ASX.
• 2015 acting for a well-known Chinese tobacco company for a case against them brought by the Australian consumer watchdog ACCC.
• 2016 acting for a large Chinese private property development company in its dispute with the vendor/land owner with respect to option deeds in the Supreme Court of NSW.
• 2017 acting for a Chinese mineral product purchaser in its dispute with an Australian local supplier.
• 2017 acting for a Chinese supplier based in Huizhou, Guangdong Province in its dispute with its Australian purchaser.
Property
• 2011-2017 acting for a number of overseas and local developers including SOEs and private companies from China in acquiring land and their further development in Australia.
• 2015 acting for a SOE in its property development joint venture with its Australian partner.
• 2016 acting for a SOE in its investment in a property development project in Sydney west, including due diligence, finance and structuring the transaction.
• 2016 acting for a SOE in its property development with its local partner.
• 2017 for a SOE in its local property development project.
Memberships
• Member of the Law Society of New South Wales
Social Activities
• 2003-2010 Board member of Asia Business Connection, part of Western Sydney Business Connection
• 2003-2009 Member of Christian City Church, Carlingford
• 2009- present Member of Christian City Church, Ryde
• 2008-present Member of China Chamber of Commerce in Australia
• 2016-present Vice President and Legal Counsel of Australia Dongbei Chinese Chamber of Commerce
Bar Admissions
• Since 2003, member of Law Society of NSW
Professional Experience
• Managing Partner, Sydney Office, Guantao & CS Lawyers (since 2017)
• Solicitor Director , CS Lawyers (2011-2017)
• Associate, Blake Dawson (now known as Ashurst Australia)(2010)
• Senior Lawyer, Clayton Utz (2009-2010)
• Lawyer & Head of China Desk, Gray & Perkins (2007-2009)
• Lawyer, Cumberland Frank Commercial Lawyers (2003-2007)
Education
• 2003, Graduate Diploma in Legal Practice, The College of Law, Sydney, Australia
• 2002 Juris Doctor, T C Beirne School of Law, University of Queensland, Brisbane, Australia
• 1995 Master of Law, Liaoning University, Shenyang, China
• 1988 Bachelor of Arts (History), Liaoning University, Shenyang, China
Language Skills
• English, working language
• Mandarin, native speaker
