Australian Securities and Investments Commission v Hawkins [2025] FCA 121

Australian Securities and Investments Commission v Hawkins [2025] FCA 121

Mr Hawkins contravened s 180(1) of the Corporations Act 2001 (Cth) by failing, on two occasions, to inform the board of The Star Entertainment Group Ltd about risks created by dealings with the Suncity junket and not recommending termination of business with Suncity; and by giving approval for an agreement with...

Source-derived case information.

Parties
Plaintiff: Australian Securities and Investments Commission; Third Defendant: Gregory Francis Hawkins; Fourth Defendant: Harry James Theodore
Jurisdiction
Australia
Judgment Date
24 February 2025
Procedural Posture
Civil Penalty Proceeding / Consent Judgment on Liability and Penalty Orders Following Settlement With Third and Fourth Defendants
Outcome
Consent orders made in terms of agreed declarations, penalties and disqualification.
Legal Topics
Director and Officer Duties, Disqualification Orders, Misleading or Deceptive Conduct, Casino Regulation, Pecuniary Penalties
Corporations Law Civil Penalties Anti Money Laundering Director and Officer Duties Disqualification Orders Misleading or Deceptive Conduct Casino Regulation Pecuniary Penalties

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Summary, issues, holding and outcome

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Parties

Australian Securities and Investments Commission

Plaintiff

Gregory Francis Hawkins

Third Defendant

Harry James Theodore

Fourth Defendant

Procedural Posture

Civil Penalty Proceeding / Consent Judgment on Liability and Penalty Orders Following Settlement With Third and Fourth Defendants

Legal Issues

  1. 1 Whether third and fourth defendants contravened s 180(1) of the Corporations Act 2001 (Cth) by failing to exercise care and diligence as officers of The Star Entertainment Group Ltd
  2. 2 Whether agreed penalty and disqualification orders are appropriate and within the range

Ratio Decidendi

Mr Hawkins contravened s 180(1) of the Corporations Act 2001 (Cth) by failing, on two occasions, to inform the board of The Star Entertainment Group Ltd about risks created by dealings with the Suncity junket and not recommending termination of business with Suncity; and by giving approval for an agreement with Suncity while aware of significant compliance risks. Mr Theodore contravened s 180(1) by failing to prevent Star sending an email to NAB on 7 November 2019 containing misleading information about the use of China UnionPay cards, thereby exposing Star to legal, reputational, and regulatory risk. The agreed disqualification and penalty orders were appropriate, proportionate and...

Court Disposition

Consent orders made in terms of agreed declarations, penalties and disqualification.

Orders

  • Declaration that Mr Hawkins contravened s 180(1) of Corporations Act on two occasions.
  • Mr Hawkins disqualified from managing corporations for 18 months pursuant to s 206C(1) of Corporations Act 2001 (Cth).