The Federal Courtroom has rejected Present Nominees’ (Present Capital) try and halt an investigation by ASIC, affirming the regulatory physique’s authority to proceed with its probe.

Justice Helen Rofe dismissed the applying, aligning with ASIC’s argument that the problem had no probability of success.

Present Capital’s authorized arguments fall quick

Present Capital’s authorized problem was predicated on the declare that ASIC lacked the mandatory frame of mind below the ASIC Act to provoke an investigation.

Nonetheless, Rofe labeled this argument as “illogical,” concluding that there was “no cheap prospect of success” for Present Capital’s utility.

Moreover, a request by Present Capital for paperwork associated to ASIC’s investigation was criticised by Rofe as akin to “fishing” or “trawling” for proof, suggesting she would have dismissed this request had it been essential to determine on it.

In an extra blow to Present Capital, Rofe has ordered the corporate to cowl ASIC’s authorized bills.

ASIC chair feedback on victory

ASIC Chair Joe Longo welcomed the judgment, emphasising the significance of defending the integrity of ASIC’s investigative processes.

“The end result on this case demonstrates ASIC’s dedication to taking motion to forestall its investigations being delayed by baseless challenges to its powers,” Longo mentioned.

Background of the case

ASIC initiated a proper investigation into Present Capital on March 29, 2022, regarding suspicions of false and deceptive conduct. Present Capital’s subsequent authorized maneuver to dam additional investigation was filed on Dec. 13 however has now been conclusively dismissed by the Federal Courtroom.

For different current ASIC tales, click on right here and right here.

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