Yuzo Araki

(LL.B, LLM, B.Av and Adv Dip Av)

ASSOCIATE

Yuzo is a commercial litigation/dispute resolution and insolvency lawyer.

His expertise in commercial litigation matters include both prosecuting and defending disputes concerning business contracts, real estate and personal property, building and construction contracts, franchise agreements, disputes between company directors and shareholders, misleading and deceptive conduct claims under the Trade Practices Act 1974 (Cth), trusts and beneficiaries, loan agreements, guarantees and mortgages, banks and financial institutions, negligence claims against professionals, disputes arising out of international trade and transport and business partnerships. 

His expertise in insolvency matters include the winding up of corporations, prosecuting bankruptcy proceedings, insolvent trading claims, unfair preference claims and recovering debts for both secured and unsecured creditors.  He also prepares deeds of company arrangement and advises receivers, administrators and liquidators with respect to their duties, powers and responsibilities. 

 

Yuzo initially began his career in aviation prior to commencing his career in the law.  He has a Bachelor of Laws, Master of Laws, Bachelor of Aviation and Advanced Diploma in Aviation.  He also holds a Commercial Pilots Licence, Private Pilots Licence in Australia and New Zealand, Australian Transport Pilots Licence (which becomes active upon accruing 1500 hours of flight time) and Multi-Engine Command instrument Rating.  

 

Yuzo is a solicitor of the Supreme Court of Queensland and the High Court of Australia, and a barrister and solicitor of the Supreme Court of the Australian Capital Territory.

Areas of Practice

• Commercial Litigation and Dispute Resolution;
• Corporate Insolvency; and
• Bankruptcy.

Experience

• Acting for and against both corporate and individual creditors in relation to general recovery actions, including instituting and defending both winding up and bankruptcy proceedings.
• Acting for and against liquidators and trustees in bankruptcy and litigating voidable transaction claims under the Corporations Act and the Bankruptcy Act respectively, including litigating a voidable transaction claim in the High Court of Australia. 
• Prosecuting an action to set aside a Personal Insolvency Agreement under section 222 of the Bankruptcy Act in the Federal Court. 
• Defending directors of companies to claims by the ASIC in the Supreme Court of Queensland for allegedly operating an unregistered management scheme, providing a financial services advice without holding a financial services licence, fraud and misleading and deceptive conduct.  
• Defending a claim for a breach of factory construction contract and counter-claiming $3.6 Million for repudiation of contract. 
• Acting for property developers in relation to breach of contract cases and specific performance of contracts over $11 Million of properties. 
• Litigating a contractual dispute concerning the production of pedestrian panels over a bridge to an island in Queensland. 
• Acting for and against construction companies in relation to breach of construction contracts, and defective construction works. 
• Defending a seller under a property contract to a claim by a buyer seeking to recover the deposit paid under the contract and successfully obtaining a court order entitling the seller to forfeit the deposit under the Property Agents and Motor Dealers Act. 
• Instituting court proceedings on behalf of a transport company in negligence against a major international airline over cargo damage under the provisions of the Warsaw Convention.
• Winding up companies on dead-lock of directors, and prosecuting minority shareholder oppression cases.   
• Acting for and against franchisors and franchisees in relation to claims for damages for misleading and deceptive conduct under the Trade Practices Act. 
• Enforcing property covenants for property developers.
• Prosecuting negligence claims against professionals for negligent advice and conduct. 
• Defending company directors in relation to allegations of breach of directors’ duties. 
• Appearing as a solicitor-advocate in both the Federal and State Courts. 
• Preparing, executing and certifying security documentation on behalf of some of the major banks and financial institutions. 

Yuzo is available to discuss any matters or queries you may have and would be pleased to assist you. Please contact Yuzo on (07) 3221 1838 during office hours Monday to Friday, 8:00am-5:30pm or e-mail Yuzo at yaraki@quinnscattini.com.au