Anthony Heraghty, the first outsider to run the 120 year old Winning Group, is facing fresh and damaging allegations after documents filed by the corporate regulator in the Federal Court detailed an alleged cover-up of his affair with Super Retail Group’s former head of human resources.

The filing by the Australian Securities and Investments Commission (ASIC), first reported by The Australian, alleges Heraghty told his then-wife to stay silent about the reasons for their marriage breakdown, warning her that messages could be “discoverable in any legal proceeding” and that sharing their story carried “potential catastrophic consequences”.

ASIC is suing the former Super Retail Group chief executive for allegedly breaching his directors’ duties and misleading the board and the market over the undisclosed workplace relationship. It is seeking declarations of contravention, pecuniary penalties and orders disqualifying him from managing corporations.

A disqualification order would strike directly at Heraghty’s new role. The first case management hearing is listed for October 29.

Hired to take Winning to the ASX

Heraghty’s appointment as Winning Group CEO was reported on 31 July 2026. He replaced John Winning, who announced his departure in April and remains the largest shareholder, becoming the first chief executive from outside the Winning family in the company’s history.

He was brought in to lead the premium appliance retailer’s next stage of growth and, according to reporting at the time, prepare the family business for a potential ASX float. His track record running a major listed retailer was central to the case for his hire.

The ASIC allegations now put that listed company record, and his conduct as a director, at the centre of a Federal Court fight.

The alleged cover-up

Jane Kelly seen right with Anthony Heraghty left.

According to the court documents, an anonymous tip about an alleged sexual relationship between Heraghty and Super Retail’s then head of HR, was lodged on the company’s Whispli whistleblower platform in November 2023.

On 13 December 2023, Heraghty allegedly texted his then-wife saying he was doing everything to protect their family and needed her not to talk to anyone about why their marriage had ended.

When she asked for an update the following day, he allegedly replied: “I cannot safely provide this. Our interests are aligned.”

Asked to respond via WhatsApp, he allegedly wrote: “It is not safe. I have to work this alone. So far so good. It is very complex. Dangerous.”

He later allegedly clarified that anything sent to his phone “on any channel” was potentially discoverable, saying that had not been a risk “until the events of the last week or so”, and that he would call in person if anything further needed to be done.

A day later, ASIC alleges, he wrote: “Phones, texts and sharing our story remain problematic and have potential catastrophic consequences. I have protected our privacy and our financial position.”

Hotel rooms, Heidelberg and London

The filing also sets out the alleged timeline of the relationship, which ASIC claims ran on and off from at least February 2022.

Heraghty allegedly admitted the affair to his wife and by July 2022 told her it was over. That was a month after Kelly allegedly gave him a gift described by ASIC as “a token containing an inscription of a romantic or intimate nature”.

By January 2023 the relationship had allegedly resumed, with Heraghty’s then-wife discovering WhatsApp exchanges between the pair that March.

ASIC alleges the pair:

  • Stayed alone together in the same hotel room in Tasmania for three nights in June 2023, then spent the night at Heraghty’s Brisbane residence on their return
    Stayed in an Airbnb at Whale Beach, NSW, for a weekend in August 2023
    Toured Heidelberg, Germany, together in September 2023
    Travelled to London days later, meeting Kelly’s sister and brother-in-law
    Were arranging a weekend getaway in Newrybar in October 2023
  • The first whistleblower tip landed the following month.

From defended to dismissed

Super Retail initially stood by Heraghty for more than a year, running its own review of the whistleblower claims and finding them unsubstantiated.

The ASX-listed group later sacked him after uncovering further information about the affair, with the board concluding his account was “not satisfactory”. It subsequently settled a legal case brought by the two whistleblowers for an undisclosed sum.

ASIC alleges Heraghty’s conduct exposed Super Retail to reputational damage, complaints, litigation, regulatory action, costs, and harm to its share price and shareholders.

Heraghty and his former wife are now divorced. Kelly left Super Retail in late 2023.

The allegations have not been tested in court and it’s not known whether he will fresign from the Winnings Grup who are facing falling revenues before the case commences.