ASIC sues former Super Retail chief executive Anthony Heraghty for allegedly misleading board, market
The corporate watchdog is suing former Super Retail Group boss Anthony Heraghty for allegedly misleading the board and the market about the nature of his relationship with a senior executive at the retailer.
The corporate watchdog is suing former Super Retail Group boss Anthony Heraghty, alleging he breached his directors’ duties and misled the board and the market about the nature of his relationship with a senior executive at the retailer.
Super Retail — which owns the Rebel, Supercheap Auto, BCF, and Macpac chains — sacked Mr Heraghty in September 2025 for allegedly lying to the board about an alleged relationship with the retailer’s former head of human resources, Jane Kelly.
The Australian Securities and Investments Commission on Monday said it had taken civil action against Mr Heraghty following claims he failed to disclose and manage conflicts of interest arising from the alleged affair.
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By continuing you agree to our Terms and Privacy Policy.In particular, ASIC alleged Mr Heraghty continued to supervise Ms Kelly and participated in decisions affecting her employment, remuneration, incentives, rewards and redundancy package.
ASIC also claimed Mr Heraghty sat in board and committee discussions regarding complaints and anticipated legal proceedings concerning the alleged undisclosed relationship.
The regulator alleged Mr Heraghty also authorised the release of information to the board and the ASX that left out information regarding the relationship, resulting in market disclosures that were misleading.
ASIC chair Sarah Court said governance and directors’ duties failures and misconduct damaging market integrity were enduring enforcement priorities for the regulator.
“The allegations in this matter raise important issues about governance, transparency and trust in the information provided to boards and the market,” she said.
“This case is not about private relationships, but whether a director properly disclosed and managed conflicts of interest and met their duties to the company and shareholders.”
ASIC is seeking declarations of contravention, pecuniary penalties and disqualification orders. Mr Heraghty is now chief executive of family-owned kitchen appliances retailer Winning Group.
The tussle between Super Group and two former senior executives centred on claims that an alleged illicit affair between Mr Heraghty and Ms Kelly had created a toxic workplace environment.
Former Super Retail chief legal counsel Rebecca Farrell and former co-company secretary Amelia Berczelly brought the case in mid-2024, shortly after the company warned investors it was expecting legal proceedings to be filed by two workers that could result in damages of between $30 million and $50m.
Last September, the lawsuit was settled at the eleventh hour. Super Retail did not disclose the sum paid and said it was made “without any admission of liability for an amount less than the range referred to” in 2024’s litigation warning.
