HITIQ Wins Court Order Validating 22.3M Listed Options After Quotation Breach

By Josua Ferreira -

HITIQ Limited has received Federal Court orders validating the issue of its HIQOA Listed Options and extending the quotation deadline, resolving a corporate compliance matter that had resulted in trading suspensions. On 16 June 2026, the Court granted relief under section 1322 of the Corporations Act 2001 (Cth), covering 16,135,199 Underwriter Options and 6,181,818 Broker Options issued under the prospectus dated 15 May 2025.

Federal Court approval resolves quotation timing breach

The Court granted orders extending the quotation deadline nunc pro tunc to 24 December 2025, retroactively validating the original issue. The relief addresses a breach of section 723(3)(b) of the Corporations Act, which requires securities issued under a prospectus to be admitted to quotation within a specified timeframe.

The Court’s declaration under section 1322(4)(a) confirms the options issue is not invalid despite the timing breach, providing certainty to the 22,317,017 options collectively issued to underwriters and brokers. The Company had made requests on various dates for voluntary suspension of the HIQOA Listed Options whilst this matter was being resolved.

HIQOA Listed Options Breakdown

What listed options are and why quotation timing matters

Listed options give holders the right to buy shares at a set price by a set date. Under section 723(3)(b) of the Corporations Act, securities issued under a prospectus must be admitted to quotation within a specified timeframe or the issue may be deemed invalid.

A nunc pro tunc order — Latin for “now for then” — means the Court retroactively extended the deadline to 24 December 2025, validating the original issue as if the deadline had been met at that time. This mechanism prevents technical breaches from invalidating securities already in circulation.

Court orders and next steps

The Federal Court granted the following key orders:

  • Extension of the quotation deadline nunc pro tunc to 24 December 2025
  • Declaration that the options issue is not invalid despite the timing breach
  • HITIQ must serve sealed orders on ASIC, ASX, and each optionholder
  • 28-day window from the date of publication for any person claiming substantial injustice to apply to vary or discharge the orders

There was no order as to costs. The 28-day liberty-to-apply period is standard for these orders; absent any challenge, the matter is effectively closed.

HITIQ’s concussion safety technology business

HITIQ develops concussion management and athlete safety technology for sport, clinical, and research applications worldwide. The company’s flagship product, PROTEQT™, co-developed with Shock Doctor, is an instrumented mouthguard and analytics platform delivering real-time head impact data.

The PROTEQT retail rollout across rebel, Chemist Warehouse, and Amazon launched in early 2026 alongside a 1,000-ad national radio campaign timed to the AFL and NRL pre-season, marking HITIQ’s transition from product development into broad consumer commercialisation.

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Frequently Asked Questions

What was the HITIQ court application about?

HITIQ applied to the Federal Court to validate the issue of its HIQOA Listed Options after a breach of section 723(3)(b) of the Corporations Act, which requires securities issued under a prospectus to be admitted to quotation within a set timeframe. The Court granted relief on 16 June 2026, retroactively extending the deadline and confirming the options are not invalid.

What is a nunc pro tunc court order?

A nunc pro tunc order is a Latin legal term meaning 'now for then' — it allows a court to retroactively extend or correct a deadline, treating the action as if it had been completed on time. In HITIQ's case, the Court used this mechanism to extend the quotation deadline to 24 December 2025, validating the original options issue despite the timing breach.

How many HITIQ options were affected by the court ruling?

A total of 22,317,017 options were covered by the Federal Court orders, comprising 16,135,199 Underwriter Options and 6,181,818 Broker Options issued under HITIQ's prospectus dated 15 May 2025.

Why were HITIQ's HIQOA Listed Options suspended from trading?

HITIQ voluntarily requested suspension of the HIQOA Listed Options on multiple occasions while it sought Federal Court relief to resolve a breach of the Corporations Act requirement that prospectus-issued securities be admitted to quotation within a specified timeframe.

What happens next after the Federal Court granted HITIQ's application?

HITIQ must serve the sealed court orders on ASIC, ASX, and each optionholder, and a standard 28-day window opens for any person claiming substantial injustice to apply to vary or discharge the orders. Absent any challenge within that period, the matter is effectively closed.

Josua Ferreira
By Josua Ferreira
Partnership Director
Josua Ferreira holds a Bachelor of Commerce in Marketing and Advertising and brings a background in publication, business development, and ASX market storytelling. He has worked with listed companies across the resource sector and broader market, combining sharp commercial instincts with a genuine commitment to keeping investors informed.
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