Netwealth has agreed to pay over $100 million in compensation to more than 1,000 Australians who invested their superannuation in the First Guardian Master Fund and has admitted it contravened the Corporations Act.
ASIC has commenced proceedings in the Federal Court against Netwealth Superannuation Services Pty Ltd (NSS) and Netwealth Investments Limited (NIL), as trustees of the Netwealth Superannuation Master Fund (NSMF).
NSS and NIL have admitted they failed to obtain and therefore did not assess sufficient information about the First Guardian Master Fund, or make sufficient independent enquiries, to understand or evaluate the investment risk in the First Guardian Diversified Class and Growth Class prior to or while offering them as investment options to NSMF members.
ASIC will seek orders that NSS and NIL failed to do all things necessary to ensure that the financial services covered by their financial services licences were provided efficiently, honestly and fairly.
ASIC has also accepted a court-enforceable undertaking from NSS and NIL to ensure members are compensated 100% of the amounts they invested in First Guardian less any amounts withdrawn. The compensation payments will be made by 30 January 2026.
ASIC Deputy Chair Sarah Court said the ongoing investigation into First Guardian including work to recover available money for investors was at the heart of ASIC's enforcement priorities.
'This is a welcome outcome for many Australians and stems the significant losses that threatened their retirement savings.
'More than 1,000 members who invested through Netwealth's superannuation platform were facing huge uncertainty when First Guardian collapsed.
'ASIC's investigation will ensure Netwealth restores these members to the position they were in before they saw their savings eroded.
'This is the fourth action we've taken against a superannuation trustee in relation to our ongoing First Guardian and Shield investigations, and follows ASIC securing the payment of $321 million to Shield investors by Macquarie', the Deputy Chair said.
NSS and NIL have admitted the allegations in the proceeding. It is a matter for the Court to determine whether the declarations are appropriate.
ASIC will not seek a pecuniary penalty due to the exceptional circumstances of this matter, including:
- the strong public interest in obtaining a timely court-based outcome which will encourage other superannuation trustees to comply with their legal obligations in the context of choice platforms,
- the interests of providing affected members who invested into First Guardian through a regulated superannuation fund with certainty in a timely manner, and
- the level of cooperation demonstrated by NSS and NIL in agreeing to compensate members 100% of the amounts invested in First Guardian less any amounts withdrawn, without waiting for an outcome of the First Guardian liquidation or proceedings against other parties involved.
'The action we've taken in the last few months puts super trustees well on notice: they are gatekeepers for their members' retirement savings and ASIC expects them to take active steps to monitor the funds they make available on their choice platforms.
'ASIC now has 12 cases underway against 20 defendants and is continuing to investigate misconduct relating to Shield and First Guardian to hold those involved to account', the Deputy Chair said.
ASIC notes that APRA accepted a Court Enforceable Undertaking from NSS on 17 December 2025 to uplift its processes and procedures for investment governance. ASIC and APRA continue to work closely together to hold trustees of regulated super funds to account consistent with ASIC and APRA's respective mandates.
