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High Court finds in favour of ASIC on an appeal by Sunshine Loans

26-052MR

court order18 Mar 2026

Respondent

Sunshine Loans

Facts

ASIC has been successful in the High Court on an appeal by Sunshine Loans from a decision of the Full Federal Court concerning the decision made by the liability judge to recuse himself from determining the question of penalty, with the High Court finding 7-0 in ASIC’s favour.

Outcome

High Court of Australia unanimously dismissed Sunshine Loans' appeal (2026-03-18) on whether the Federal Court liability judge, who in April 2024 found Sunshine Loans charged unlawful fees under the National Credit Act, should be recused from deciding penalty. The penalty is still to be determined. See the ASIC source for the full terms.

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Read the source

https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-052mr-high-court-finds-in-favour-of-asic-on-an-appeal-by-sunshine-loans

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