Yesterday the Federal Court of Australia published judgment in ASIC v Bekier [2026] 196. The case, brought by ASIC, concerned whether the Star Entertainment Group’s Board of Directors and its Executive Management breached s180 of the Corporations Act arising from the management of risk concerning the Group’s Anti Money Laundering compliance obligations in its Casinos.
ASIC’s claims against former CEO Matthias Bekier and former General Counsel Paula Martin succeeded. Similar claims advanced against Chairman John O’Neill and the Non Executive Directors were dismissed.
The judgment contains relevant analysis of the roles and responsibilities of Boards and Executive Management at [1945], where Lee J observed: “A director, whether executive or non-executive, is required to take reasonable steps to place themselves in a position to guide and monitor the management of the company and is expected to take a diligent and intelligent interest in the information available to them, understand that information, and apply an enquiring mind to their responsibilities.”
Ruth Higgins SC and Luca Moretti of Banco Chambers appeared for ASIC.
Robert Dick SC and Zoe Bush of Banco Chambers appeared for certain Non Executive Directors.
Jerome Entwisle of Banco Chambers appeared for Mr Bekier.