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Key decisions

  • SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2026] HCA 8
  • EGH19 v Commonwealth [2026] HCA 7

COURTS

Judicial disqualification: reasonable apprehension of bias

In SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2026] HCA 8 (18 March 2026), the High Court (Gageler CJ, and Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑Jones JJ) unanimously dismissed an appeal from the Full Court of the Federal Court of Australia.

This appeal arose from regulatory proceedings brought by the Australian Securities and Investments Commission (‘ASIC’) over contraventions of the National Consumer Credit Protection Act 2009 (Cth) over prohibited fees in relation to their small amount credit contracts.

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