Australian Securities and Investments Commission

All Communication Between Officials At ASIC And APRA Regarding The Former's Legal Action Against Diversa Trustees Regarding Its Involvement With The First Guardian Master Fund And Any Public Media…

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All Communication Between Officials At ASIC And APRA Regarding The Former's Legal Action Against Diversa Trustees Regarding Its Involvement With The First Guardian Master Fund And Any Public Media Releases That May Result. The Timeline For My Request Is Between Dec 1 And Dec 9.

FOI 337-2025 Released 8 pages ZIP archive

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ASIC commenced Federal Court civil penalty proceedings against Diversa Trustees Limited for alleged failures as trustee of the First Guardian Master Fund, into which approximately $300 million was invested via superannuation funds between 2020 and 2024. ASIC alleges Diversa failed to conduct adequate due diligence before permitting member investments, failed to perform ongoing monitoring, and failed to enforce or monitor compliance with its own 50% holding limit on First Guardian investments. The proceedings allege contraventions of superannuation and financial services legislation, including breaches of prudential trustee duties and financial services licensing obligations. ASIC is seeking compensation orders, declarations, and civil penalties. The action forms part of ASIC's broader enforcement priority addressing First Guardian's collapse, with 11 Federal Court cases underway against 19 defendants. ASIC and APRA indicated continued coordination on holding relevant superannuation trustees accountable within their respective mandates.

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