Australian Fiduciaries: ASIC Investigation, Investor Impact & Key Lessons
The Australian Securities and Investments Commission (ASIC) has launched a major investigation into Australian Fiduciaries Ltd and a network of related entities. This action follows concerns about the management and financial status of several managed investment schemes offered to investors. The case highlights the importance of regulatory oversight, transparency, and investor protection in Australia’s financial services sector.
Overview: Why Is Australian Fiduciaries in the Spotlight?
The Australian Securities and Investments Commission (ASIC) has launched a major investigation into Australian Fiduciaries Ltd and a network of related entities. This action follows concerns about the management and financial status of several managed investment schemes offered to investors. The case highlights the importance of regulatory oversight, transparency, and investor protection in Australia’s financial services sector.
What Is Being Investigated?
ASIC’s investigation focuses on several critical issues:
- Conflicts of Interest: Concerns about how conflicts were managed within the group.
- Investment Practices: Questions about how investor funds were sold and invested across a complex web of related entities.
- Valuation Failures: Suspected failure to conduct regular valuations of investment schemes.
- Transparency: Failure to lodge audited financial statements or keep investors informed since May 2024.
- Asset Preservation: Steps taken to freeze assets and prevent dissipation while investigations continue.
Who Is Affected?
Australian Fiduciaries Ltd is a Queensland-based financial services licensee responsible for the following investment schemes:
- Global Active Property Pty Ltd (ACN 641 974 656)
- Global Yield Investments Pty Ltd (ACN 641 974 361)
- Impact Fiduciaries Pty Ltd (ACN 633 621 682) as trustee for Social Impact Fund (ABN 34 221 385 991)
- Global Private Equity Pty Ltd (ACN 641 023 547)
- Alton Enterprises Pty Ltd (ACN 634 568 111)
- ELC Fiduciaries Pty Ltd (ACN 643 570 996) as trustee for Early Learning Property Trust
- Education Fiduciaries Pty Ltd (ACN 642 177 080)
- SRI Fiduciaries Pty Ltd (ACN 634 072 325) as trustee for SRI Property Trust (ABN 61 412 567 086)
- SRI Fiduciaries 2 Pty Ltd (ACN 647 487 732) as trustee for SRI Property Trust 2 (ABN 21 691 923 892)
- SRI Fiduciaries 3 Pty Ltd (ACN 649 532 025) as trustee for SRI Property Trust 3 (ABN 23 669 460 463)
- SDA Property Nominees Pty Ltd (ACN 634 072 030) as trustee for SDA Holdings Trust (ABN 49 786 717 152)
- SDA Fiduciaries Pty Ltd (ACN 633 632 283) as trustee for SDA Property Trust (ABN 16 727 323 078)
- SDA Fiduciaries 2 Pty Ltd (ACN 633 792 711) (Controller Appointed) as trustee for SDA Property Trust 2 (ABN 30 803 199 130)
- SDA Fiduciaries 3 Pty Ltd (ACN 634 665 008) as trustee for SDA Property Trust 3 (ABN 86 144 960 975)
- SDA Fiduciaries 4 Pty Ltd (ACN 634 665 044) as trustee for SDA Property Trust 4 (ABN 91 405 942 410)
- SDA Fiduciaries 5 Pty Ltd (ACN 641 715 237) as trustee for SDA Property Trust 5 (ABN 38 960 304 935)
- SDA Fiduciaries 6 Pty Ltd (ACN 641 715 246) as trustee for SDA Property Trust 6 (ABN 14 159 956 210)
- SDA Fiduciaries 7 Pty Ltd (ACN 642 131 968) as trustee for SDA Property Trust 7 (ABN 31 686 743 307)
- SDA Fiduciaries 8 Pty Ltd (ACN 642 132 009) as trustee for SDA Property Trust 8 (ABN 87 408 377 958)
- Progressive Early Education Centres Pty Ltd (ACN 636 113 721)
- Global Multimedia Pty Ltd (ACN 643 569 975) as trustee for Global Multimedia Trust
- Global Education Innovations Pty Ltd (ACN 650 365 021)
- Violett Production Pty Ltd (ACN 648 746 534)
- Nexus Files Developments Pty Ltd (ACN 643 550 609)
- The Possessed Pty Ltd (ACN 643 305 668)
- E3 Design & Build Pty Ltd (ACN 635 558 959)
- E3 Design & Build NSW Pty Ltd (ACN 636 046 136)
- Emporio Fiduciaries Pty Ltd (ACN 651 713 487) as trustee for Emporio Trust (ABN 29 196 718 834)
- Chirn Park Fiduciaries Pty Ltd (ACN 643 570 236) as trustee for Chirn Park ELC Trust (ABN 35 854 772 948)
- Point Fiduciaries Pty Ltd (ACN 649 961 053) as trustee for Paradise Point Trust (ABN 50 577 352 584)
Investors in these schemes—and in related entities—are directly impacted by the investigation and subsequent court actions. ASIC is contacting known investors and recommends monitoring its website for updates.
What Does This Mean for Investors?
1. Asset Protection
ASIC’s application for asset preservation orders aims to secure investor funds while the investigation is ongoing.
2. Receivership & Liquidation
Receivers and liquidators are tasked with:
- Securing property held by Australian Fiduciaries and related entities
- Tracing how investor funds were used
- Investigating potential recovery options for investors
3. Investor Communication
ASIC encourages affected investors to contact the appointed liquidators or seek independent legal advice.
4. Complaints & Compensation
If you have concerns about your investment or received financial advice from financial advisors who recommended the managed investment schemes involved in ASIC’s investigation, you may be able to lodge a complaint with the Australian Financial Complaints Authority (AFCA).
How Can Financial Dispute Legal Help?
Financial Dispute Legal are investigating claims on behalf of investors who had funds invested in the investments linked to Australian Fiduciaries Ltd. We ask investors who received advice from financial advisors to invest into these managed investments to contact our firm to discuss your circumstances and consider any rights to recover compensation on 1300 433 533 or enquiry@fdlegal.com.au
