Christina McElwain Senior Associate

Christina is a Senior Associate in our litigation and dispute resolution team.  She has deep capability and expertise in corporate insolvency, restructuring and commercial disputes across all major Australian jurisdictions. Prior to joining KHQ, Christina practised for over eight years in national and boutique commercial law firms.

Christina’s experience encompasses routine and complex insolvency technical disputes. She represents administrators, liquidators, creditors and directors in connection with voidable transaction claims such as preferential payments, uncommercial transactions, unreasonable director related claims and insolvent trading.  She regularly advises external administrators in relation to various matters involved with their appointments and exercise of their powers under the Corporations Act 2001 (Cth) and the Insolvency Practice Rules (Corporations) 2016. She also acts for external administrations in relation to the sale of distressed asset and business transactions.

Christina regularly advises clients on their restructuring options and debt compromise solutions. This includes quick and efficient management and dispute resolution with credit institutions and the ATO for clients in financial hardship or subject to formal ATO debt enforcement action, such as creditor’s petitions, winding up applications and director penalty notices. Christina also advises on and implements debt recovery/enforcement strategies on behalf of creditor companies and individuals, including secured parties in enforcing security interests.

Christina’s vast commercial advisory and litigation experience has seen her represent clients across many industries on a broad range of commercial disputes. These include contractual and shareholder disputes, class actions, cross border arbitrations under the expedited Australian Centre for International Commercial Arbitration Rules and building and property disputes.

The overriding principle guiding Christina’s approach is to develop a deep understanding of her client’s objectives with a dedicated focus on early dispute resolution.  She achieves this by employing innovative procedural and commercial strategies that reduce the financial and emotional toll of litigation.

Latest News & Insights

Insolvency Reforms – Key to survival in 2021

Posted By and on 11/12/20 at 2:16 PM

By Olivia Dalton (Lawyer), Christina McElwain (Senior Associate) and Kate Landells (Principal Solicitor) Aside from the severe health crisis coronavirus has caused, it has also crippled the economy and people’s livelihoods. Many financially strong and viable Australian businesses are having to deal with these unanticipated circumstances, resulting in their trade coming to a standstill through … Read more