On Friday, 5 June 2026, respected Business News journalist Neale Prior reported on a Supreme Court writ filed in Western Australia that may come to be seen as the case that turned the tide for Indigenous businesses struggling to compete in a procurement sector long compromised by black cladding.
The case, CIV 1670 of 2026, brought by EON Protection against Waalitj Foundation and its former General Manager Gohar Rind, represents more than a local business dispute or a personal grievance. It may prove to be a landmark test of what our current certification systems actually mean in practice.
In response to the article titled “Matera lets fly on Eagles foundation”, Gerry Matera said he is relieved that details of the case are now in the public domain and hopes it will ultimately prevent others from going through what he has endured.
Pursuing a legal pathway was not my first choice and was only done after exhausting every other avenue for remedy,” he said.
“The level of personal and financial loss that has been caused is insurmountable, yet only a token compared to the number of Indigenous individuals who have reached out to me since becoming vocal on the issue.
“The case we have built in pursuit of justice is solid, and I am looking forward to the truth coming to the fore in the hope that it will help clean up an important policy decision that could genuinely change the trajectory for Aboriginal and Torres Strait Islanders in the creation of sustainable wealth.
What the Case Alleges
According to Business News, EON Protection - a 100% Aboriginal-owned security company founded by Gerry Matera - began receiving business coaching, support and advice from the Waalitj Business Hub around March 2022.
The writ alleges that Waalitj Foundation and its former General Manager had access to upcoming tender opportunities on major WA infrastructure projects - including the Morley-to-Ellenbrook rail line and the Alkimos desalination project - but failed to pass that information on to EON Protection, as they were allegedly duty-bound to do. Instead, those contracts were won by companies in which the former GM was himself a director, a conflict of interest he allegedly failed to declare.
EON Protection - like so many other genuine Indigenous businesses competing in an unlevel playing field with misrepresented counterparts - claims it suffered direct commercial loss as a result, including losing its contract extension at the Bellevue Metronet site in March 2025.
Why This Case Is Bigger Than One Business Dispute
IBIR believes this case raises questions that go well beyond the parties involved.
At its core, it tests whether current certifications carry any real weight in helping corporate and government procurers discern between genuine Indigenous businesses and black-clad enterprise, and whether there is any assurance when reporting on ESG commitments and obligations to shareholders.
What makes this case particularly significant is the alleged conduct of a person in a position of trust and his use of layered corporate structures to obscure conflicts of interest - a pattern IBIR has documented across multiple entities - and how systems designed to protect and advance First Nations businesses are, in fact, enabling their demise.
Positively, the case led to the development of the stronger, independent and academically reviewed IBIR system, backed by the world’s first Indigenous Business Operating Standard (IBOS), which is advancing through Australian Standard and ISO pathways.
CIV 1670 of 2026 will now progress through the Supreme Court of Western Australia.
Read the original Business News article here: [https://www.businessnews.com.au/article/Matera-lets-fly-at-Eagles-foundation] (subscription may be required):