2025-07-15
The Australian Securities and Investments Commission (ASIC) announced that former Berndale director Daniel Kirby has been sentenced to 2 years and 11 months imprisonment for dishonest conduct and misuse of company funds. This case marks the first matter prosecuted under ASIC's recently expanded corporate criminal jurisdiction in the Federal Court of Australia, following an investigation into the collapse of the Berndale group. The sentencing addresses offences involving the deliberate undermining of audit processes and the misuse of over $1 million in company funds, which resulted in significant losses for former clients.