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Australian court finds Rex breached market disclosure laws

Created at 30 Jun · 8:11 AM1 source↑ Market-relevant
IN SHORT

Australia's securities regulator announced that a New South Wales court found Regional Express Holdings (Rex) breached its disclosure obligations related to a February 2023 profit forecast. The court determined the airline did not have reasonable grounds to expect positive operating profits from April 14, 2023.

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Key Numbers

February 2023profit forecast announcement date
14 April 2023date from which reasonable grounds for profit were lacking
2025year Rex was bought out

Who's Involved

Regional Express Holdings (Rex)
collapsed airline found to have breached disclosure laws
New South Wales court
ruled on Rex's disclosure obligations
Australian Securities and Investments Commission (ASIC)
announced the court's decision
Lim Kim Hai
former Rex executive chair who admitted breaches
Air T
U.S. aviation services provider that bought Rex
Sarah Court
ASIC Chair

↳ Why This Matters

The ruling underscores the importance of accurate and timely disclosure for listed companies, reinforcing Australia's corporate governance framework and protecting investor confidence.

Key facts

  • A New South Wales court found Regional Express Holdings (Rex) breached its market disclosure obligations.
  • The breach relates to a February 2023 profit forecast where Rex expressed optimism for positive operating profits.
  • The court ruled that Rex did not have reasonable grounds to expect positive operating profits from April 14, 2023.
  • Rex entered voluntary administration and was acquired by U.S. aviation services provider Air T in 2025.
  • Former Rex executive chair Lim Kim Hai admitted to breaches of director duties and involvement in the company's disclosure contravention.

A New South Wales court has found that the now-collapsed Australian airline Regional Express Holdings (Rex) breached its market disclosure obligations concerning a February 2023 profit forecast, according to the Australian Securities and Investments Commission (ASIC).

The court determined that Rex did not have reasonable grounds to expect positive operating profits for the full fiscal year 2023 from April 14, 2023, onwards, despite stating optimism in its February announcement.

Rex entered voluntary administration and was subsequently bought by U.S. aviation services provider Air T in 2025. The ASIC also noted that this decision follows weeks after former Rex executive chair Lim Kim Hai admitted to allegations of breaching director duties and involvement in the company's continuous disclosure contravention.

ASIC Chair Sarah Court emphasized the critical nature of continuous disclosure for listed entities, stating it underpins Australia's corporate governance framework and ensures investors receive accurate and timely information impacting their decisions.

Frequently asked questions

The New South Wales court found that Rex breached its market disclosure obligations related to its February 2023 profit forecast, stating the company did not have reasonable grounds to expect positive operating profits from April 14, 2023.

Rex entered voluntary administration and was later bought by U.S. aviation services provider Air T in 2025.

The former Rex executive chair admitted to allegations of breaching director duties and involvement in the company's continuous disclosure contravention.

ASIC Chair Sarah Court stated that continuous disclosure is a core obligation for listed entities, underpinning Australia's corporate governance framework and ensuring investors have access to accurate and timely information.

What Happens Next

01Rex did not immediately respond to a Reuters request for comments.

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Cadence

How It Developed

Regional Express Holdings (Rex) announced optimistic profit forecasts in February 2023.
A New South Wales court found Rex breached market disclosure obligations.
The court determined Rex lacked reasonable grounds for its profit expectations from April 14, 2023.
Rex entered voluntary administration and was later bought by Air T in 2025.
Former Rex executive chair Lim Kim Hai admitted to breaches of director duties and disclosure contraventions.

Sources

T1
Australian court finds collapsed airline Rex breached market disclosure lawsReuters

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