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Charlene Yan

Associate

Recovery

Areas of focus

Services

Unsecured Debt Recovery

Litigation

Secured Property Recovery

Settlement

Securities

Default Strategy

Charlene advises lenders on default strategy, property and debt recovery, litigation, settlements and securities.

Her experience includes possession proceedings, appellate litigation and the recovery of amounts owed under loan arrangements without recourse to court.

Charlene begins by establishing the facts and identifying the issues that carry commercial significance. She then assesses the legal and practical options available, providing clear advice on the lender’s position and appropriate next steps.

Known for her thorough preparation and broader commercial perspective, Charlene approaches recovery matters with precision, discipline and a clear focus on protecting lender interests.

Key cases/experience – representative matters 

Court of Appeal Lending Dispute


An appeal arose from complex commercial litigation concerning loan enforcement and security interests over two properties. The matter required detailed consideration of the evidence, legal authorities and arguments advanced on appeal.


Mortgage Enforcement and Possession Orders


A secured lender commenced Supreme Court proceedings following borrower default, seeking payment of the debt and possession of the secured property. The lender obtained default judgment and possession orders.


Non-Litigious Fee Recovery


A lender sought recovery of fees incurred in connection with a proposed loan that did not proceed. The outstanding amount was recovered without court proceedings.

Admissions

Admitted, Supreme Court of NSW, 2025

Memberships / Associations / Affiliations

Law Society of NSW

Sydney

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Charlene Yan

Related Insights

Case Notes

When a Conflict Isn’t Enough: Refinancing, Borrower Vulnerability and the Limits of Unconscionability
In CPF Group v Everest Index International, the Supreme Court of New South Wales said no. Despite an admitted conflict of interest, the Court upheld a refinancing transaction, rejected claims of unconscionable conduct, and awarded possession in favour of the lender. For lenders, the decision reinforces the importance of a transaction’s purpose, documenting it adequately, and identifying a commercial benefit when putting refinance transactions together.
Blake Palmer
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Legal Insights

Mortgage Enforcement Lessons from Patel and Confos
Lenders need to know whether they can enforce their security and recover their money if a loan defaults. Two recent NSW Supreme Court decisions show why that depends on both the documents and the circumstances in which the borrower and guarantors signed them.
Paul Reese
An image of coastline and housing

Firm Updates

Informed Practice – Elisabeth McGready joins Recovery Team
Private lending has evolved significantly over the past decade. As the sector has grown, lenders have increasingly sought advisers who understand not only how transactions are structured, but also how those arrangements perform when circumstances change. With expertise in structuring and documentation to enforcement and recovery, Elisabeth’s career has evolved alongside an increasingly influential and maturing private lending sector.
Summer Lawyers
Elisabeth McGready, Partner
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