Regulatory Alerts2026-03-18
High Court finds in favour of ASIC on an appeal by Sunshine Loans
The High Court unanimously rejected Sunshine Loans' appeal against ASIC, ruling that the primary judge may determine penalties without recusal despite prior credibility findings. This decision clarifies that assessing civil penalties following a contravention finding is a continuation of the final hearing and does not require the judge to return to a state of suspended judgment. The matter now returns to Justice Derrington for a penalty hearing scheduled for September 2026 regarding unlawful fees charged under small amount credit contracts.
Share