KLEMIS, Christina

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KLEMIS, Christina


 

Areas of Practice

  • Administrative Law
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Commercial
  • Corporations and Securities
  • Equity/Equitable Relief/Trusts

 

Christina specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.

Current and recent matters of significance include:

Civil Penalty Proceedings

  • ASIC v NAB- acting for ASIC in the market manipulation and unconscionable conduct case brought by ASIC against NAB in relation to the bank bill swap reference rate (BBSW) (led by Peter Collinson QC and Gerard Cradock QC)
  • ASIC v CBA- acting for ASIC in the market manipulation and unconscionable conduct case brought by ASIC against CBA in relation to BBSW (led by Peter Collinson QC and Christopher Archibald)
  • ASIC v Wealth & Risk Management (WRM) & Ors—acting for ASIC against WRM (an Australian Financial Services Licence holder) and related companies in relation to whether retail clients received inappropriate conflicted financial advice that was not in their best interests (led by Caroline Kenny QC)
  • ASIC v Flugge & Geary—acting for ASIC against officers of the Australian Wheat Board (AWB) in director’s duties proceeding (led by Norman O’Bryan SC, and Jonathon Moore QC)

Insolvency Proceedings

  • Willmott Forests Limited—acting for Primary Securities Limited (the responsible entity) against Willmott Forests Limited and its liquidators in relation to whether:

-the liquidators were entitled to an equitable lien under the principles in Universal Distributing Co Ltd (led by Ted Woodward SC) (Victorian Court of Appeal)

-disclaimer notices purporting to disclaim leases held by growers ought be set aside (led by Ted Woodward SC and Paul Vout)

Misleading or Deceptive Advertising

  • CarSales.Com Ltd v Oneway Traffic Limited (trading as Carsguide)—acting for Carsales against Carsguide in relation to advertising held to be misleading or deceptive or likely to misled or deceive the Australian public contrary to s 18 of the Australian Consumer Law (led by Jonathon Moore QC)

Before coming to the bar, Christina was a Senior Lawyer in ASIC’s Financial Services Enforcement directorate.

  • While at ASIC Christina worked on high profile matters including Opes Prime, ASIC’s Westpoint Class Actions and Prime Trust. At ASIC she also worked on applications to restrain assets, prohibit travel, wind up companies/managed investment schemes and conducted numerous compulsory examinations. 
  • Between 2011 and 2012 Christina was seconded to the Commonwealth Director of Public Prosecutions’ Commercial Branch where she worked predominantly on the prosecution of foreign bribery charges laid against, amongst others, Securency International Pty Ltd and Note Printing Australia Ltd.

 

In addition to an LLB (Monash), Christina holds a LLM, BCom (Economics) and BA from the University of Melbourne.

Christina is co-author with Philip Crutchfield QC of a chapter published in Insolvent Investments (LexisNexis, 2015).




“From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.”




 

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McPhee Mediation Centre

Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.

Phone: 9670 4003

Email: McPheeMediation@gmail.com


 

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