Treasury Rejects Longo’s Warning Over ASIC’s Depleted Litigation War Chest
Australia's Treasury has brushed aside warnings from former corporate regulator chair Joe Longo that the Australian Securities and Investments Commission is running short of the money it needs to fund major enforcement litigation, insisting the watchdog is adequately resourced.
As reported by Capital Brief, Treasury said there were no funding concerns around ASIC, despite Longo's plea in May for an urgent top-up at the close of what he described as the regulator's most successful year in court. Longo had warned a parliamentary committee that ASIC's Enforcement Special Account — the reserve built to absorb the costs of large, complex cases — was on track to fall to its minimum viable level by 30 June 2026.
"Absent replenishment, this will impede ASIC's ability to maintain its current enforcement program," Longo cautioned, adding that without additional funding the regulator might have to scale back or defer cases that would otherwise proceed. The account is designed to let ASIC pursue resource-intensive matters against well-funded corporate defendants without straining its operating budget.
The exchange spotlights a tension increasingly familiar to litigation-finance observers: even a public enforcement agency depends on a dedicated pool of case capital to sustain high-stakes litigation, and the adequacy of that pool shapes which matters get pursued. Treasury's rejection of Longo's alarm leaves unresolved how ASIC will bankroll its most ambitious cases as the special account approaches the floor he flagged.

