Australian Securities & Investments Commission reports former Berndale director Daniel Kirby sentenced to 2 years 11 months’ imprisonment for dishonest conduct

The Australian Securities & Investments Commission (ASIC) reported that Daniel Kirby, a former director of Berndale Capital Securities Pty Ltd and related entities, has been sentenced in the Federal Court of Australia in Melbourne to 2 years and 11 months’ imprisonment for dishonest conduct and misuse of company funds. The sentence provides for release after 12 months on a recognisance of AUD 1,000, subject to a further three years of good behaviour. Kirby pleaded guilty on 15 May 2025 to one count of providing false or misleading information to an auditor, one count of dishonest use of position as a director and one count of dishonest conduct in relation to a financial service. The court found the offending involved a deliberate disregard of director responsibilities and included undermining an audit process intended to protect consumers. The matter was prosecuted by the Commonwealth Director of Public Prosecutions following an ASIC investigation and is the first ASIC case to proceed in the Federal Court under ASIC’s expanded corporate criminal jurisdiction. ASIC noted that co-accused former Berndale director Mr D’Amore has been committed to stand trial in the Federal Court’s criminal jurisdiction, with the matter listed for a case management hearing on 24 July 2025.