Regulatory Alerts2025-10-21
Collection agency company director loses appeal against conviction for obtaining a financial advantage by deception
ASIC reports that the NSW District Court has upheld the conviction of Louise Medley, director of Black Collections Pty Ltd, for dishonestly obtaining a financial advantage by deception. Following the appeal dismissal, Medley received a conditional release order and faces an automatic five-year disqualification from managing corporations under section 206B of the Corporations Act. The conviction stems from her company’s unlicensed credit activities and deliberate misrepresentations between December 2016 and March 2018, which previously resulted in corporate penalties under the National Consumer Credit Protection Act 2009.
Louise Angela Medley, of Sydney, NSW, has lost an appeal against her conviction on two counts of dishonestly obtaining financial advantage by deception.
On 15 October 2025, the NSW District Court set aside her previous conviction, but reconvicted Ms Medley on two counts of dishonestly obtaining a financial advantage by deception while she was a director and sole shareholder of Black Collections Pty Ltd ACN 615 105 345 (Black Collections). Ms Medley was originally convicted and sentenced on 13 November 2023 ( 23-309MR ).
The Court found that Ms Medley knowingly engaged in deliberate and dishonest misrepresentations despite knowing that Black Collections was not licensed to act as a debt collector.
The conduct allowed Ms Medley to benefit from the collection of commission monies from Black Collections’ collection of consumer credit debts.
Ms Medley was convicted and discharged on a conditional release order to not offend for 12 months.
The Court noted that the offending occurred almost nine years ago and that it was no longer required to hold a licence in NSW.
As a result of the conviction, Ms Medley is automatically disqualified from managing corporations under section 206B of the Corporations Act for a period of five years, from the conviction date.
The deception occurred between about 16 December 2016 and 13 March 2018.
The company operated as a debt collection agency in Double Bay, New South Wales.
Black Collections was convicted of contravening s 29(2) and s30(3) of the National Consumer Credit Protection Act 2009 by engaging in unlicensed credit activities and holding out that it held a licence that would authorise it to collect on consumer debts when it did not ( 21-159MR ).
The matter was prosecuted by the Office of the Director of Public Prosecutions (Cth) (CDPP) following a referral from ASIC.
Background
Ms Medley was found guilty of two counts of contravening s192E(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty for contravening s192E(1)(b) is 10 years imprisonment. When dealt with in the NSW Local Court, the maximum penalty is two years imprisonment.
Black Collections was convicted of contravening s29(2) and s30(3) of the National Consumer Credit Protection Act 2009. The maximum penalty for contravening s29(2) is 200 Penalty units or two years imprisonment or both and for s30(3) is 50 penalty units or one year imprisonment or both (refer: 21-159MR ).