ASIC Investigations

The Australian Securities and Investment Commission (ASIC) serves as Australia’s principal regulator for corporate and financial services sectors, tasked with ensuring market integrity and consumer protection. Operating under the Australian Securities and Investments Commission Act 2001 (ASIC Act), ASIC is empowered to oversee companies, financial services organisations, and professionals, ensuring compliance with legal standards.

ASIC wields extensive investigative powers, enabling it to identify and address potential breaches of corporate and financial laws. One of its primary tools is the issuance of a notice under section 19 of the ASIC Act. This notice mandates a person to provide information, produce documents, and participate in a compulsory examination under oath or affirmation. ASIC can issue such notices when it has reasonable grounds to suspect or believe that a person possesses information relevant to an ongoing investigation.

Being served with a section 19 notice imposes significant obligations. You must comply reasonably and promptly, as failure to do so—including refusing to provide documents, answer questions, or attend an examination—may constitute a criminal offence, carrying serious legal consequences.

However, while cooperation is mandatory, understanding the precise extent of your obligations is crucial. You are not required to provide information or documents that are beyond the scope of the notice or that may be subject to legal protections, such as the privilege against self-incrimination or legal professional privilege. Navigating these complexities requires expert legal guidance.

At Rose Litigation Lawyers, our experienced team of commercial litigation lawyers in Brisbane and on the Gold Coast have a wealth of experience assisting clients during ASIC investigations. We regularly advise on the scope of section 19 notices, assist in identifying and preparing required documents, and accompany clients to compulsory examinations to ensure their rights are protected throughout the process. Our aim is to provide clarity, strategic advice, and unwavering advocacy to guide you through the investigation with confidence.

In addition to assisting during investigations, we represent clients in proceedings initiated by ASIC and other regulatory bodies. This includes defending allegations of corporate and commercial offences such as fraud, mismanagement, or breaches of directors’ duties. Our team is adept at crafting robust defence strategies, advocating effectively, and achieving favourable outcomes for our clients in these high-stakes matters.

If you have concerns about a current or potential ASIC investigation, it is critical to seek legal advice early. Our team provides direct, honest, and strategic guidance to ensure you understand your position and can make informed decisions about your next steps. With our expertise, we deliver certainty and peace of mind during complex and often stressful regulatory processes.