Anteris Technologies Global Corp, in the matter of Anteris Technologies Global Corp

In Anteris Technologies Global Corp, in the matter of Anteris Technologies Global Corp [2026] FCA 1333, the Federal Court granted relief to Anteris Technologies Global Corp after it missed the statutory deadline for lodging a cleansing notice under section 708A of the Corporations Act 2001. On 10 July 2026, 44,068 CHESS Depositary Interests were issued following the exercise of warrants, but due to an administrative oversight the required cleansing notice was not lodged within the five business day period prescribed by section 708A(6).

Anteris requested a trading halt on 31 July 2026, disclosed the oversight to the market, and lodged the cleansing notice outside the prescribed period before applying to the Federal Court for relief under section 1322 of the Corporations Act. On 3 August 2026, Justice Wheatley granted the orders sought, treating the late notice as effective from the original date of issue of the depositary interests. Anteris stated it did not consider the oversight to be price sensitive and that it did not possess excluded information at the time the interests were issued, noting that the interests had already been sold by the time the oversight was identified.

The effect of the Court's orders is that on-sellers of the depositary interests issued on 10 July 2026 are protected from liability that might otherwise arise from the late cleansing notice. The matter illustrates the available curative mechanism under section 1322 where a cleansing notice deadline is missed inadvertently, and the importance of prompt market disclosure once such an oversight is identified.