Court rejects ‘fishing expedition’ by Super Retail ex-chief for ASIC files

By the Editorial Team · Friday, October 30, 2026

The Australian Securities & Investments Commission won a Federal Court decision to restrict former Super Retail CEO Anthony Heraghty’s access to only case-relevant documents in its ongoing investigation of his alleged misconduct. This ruling limits Heraghty’s ability to review the full probe files, marking a crucial step in ASIC’s legal action while leaving open the option for further access requests and urging the parties toward possible mediation.

The Australian Securities & Investments Commission (ASIC) has secured an initial legal victory in its ongoing dispute with former Super Retail CEO Anthony Heraghty over access to the regulator’s investigation files.

In a Federal Court hearing on Thursday, ASIC opposed Heraghty’s request for unrestricted access to the full set of documents compiled during its probe into ASX-listed Super Retail and his conduct while at the company. The regulator has amassed approximately 21,000 documents in connection with the investigation but argued that only materials directly relevant to the legal case against Heraghty should be disclosed.

Heraghty was dismissed from Super Retail last year following revelations of an extramarital relationship with the company’s head of human resources. ASIC is currently suing him for allegedly breaching his directors’ duties and misleading both the market and Super Retail’s board regarding the affair. The scandal contributed to a protracted workplace dispute that generated an estimated $30 million in legal costs for Super Retail, which operates brands such as Supercheap Auto, Rebel, BCF, and Macpac.

During the court proceedings, ASIC’s counsel contended that allowing Heraghty access to the entire investigative file would amount to an unwarranted “fishing expedition” beyond the scope of the existing case. Justice Roger Derrington ruled that Heraghty’s legal team would be allowed access only to materials pertinent to the current proceedings, ordering the regulator to withhold broader documents related to its wider inquiry into Super Retail. However, the judge left open the possibility for Heraghty to seek further access in the future if justified.

Justice Derrington also recommended that both parties consider mediation, suggesting a session be arranged in late February following the filing of pleadings.

Since his departure from Super Retail, Heraghty has taken on the role of chief executive at appliance retailer Winning, continuing his career in the retail sector as legal action against him progresses. The outcome of the case remains pending, but ASIC’s success in limiting document access represents a key procedural win in the enforcement proceedings.

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