Court Imposes $11 Million Penalty on Advice Firm for Breaching Remuneration Rules

4

DOD Bookkeeping, now in liquidation, had previously incentivized three financial advisers by paying them a total of $130,250 in bonuses. These advisers were found to have improperly encouraged clients to roll over their superannuation into self-managed superannuation funds (SMSFs) and subsequently purchase properties through Equiti Property, a related entity. Each bonus payment ranged from $750 to $1500, with advisers receiving multiple bonuses each year.

Equiti Financial Services offered a suite of services, including financial advice, SMSF establishment and administration, real estate recommendations through Equiti Property, and mortgage broking via Equiti Finance. However, its Australian financial services licence was revoked by ASIC in November 2024, following a payment from the Compensation Scheme of Last Resort.

During the court proceedings, testimonies from 12 clients surfaced, highlighting the firm's failure to tailor financial advice to personal circumstances. Evidence showed that two advisers earned almost $240,000 annually, with nearly 40 percent of their income stemming from bonuses—heightening concerns of conflicted advice.

The court's judgment emphasized the detrimental influence the bonus payments had on the advisers' recommendations, violating the conflicted remuneration laws introduced in 2013 under the Future of Financial Advice reforms. These laws aim to prevent financial advisers from receiving incentives that could bias their advice or product recommendations.

This ruling underscores the rigorous standards expected in Australia's SMSF sector and highlights the legal responsibilities of financial advisers to act in clients' best interests. ASIC's commitment to enforcing these standards seeks to uphold the integrity of financial advice and protect consumers from biased product promotions.

As part of its ongoing efforts to enhance accountability within the financial sector, ASIC plans to ramp up scrutiny of SMSF advice. This includes conducting comprehensive reviews, with the findings due in late 2025. The sector faces mounting pressure to raise operational standards and restrict access to SMSFs to suitable candidates, particularly as more claims may implicate the Compensation Scheme of Last Resort.

ASIC Deputy Chair Sarah Court highlighted the significance of the penalty, emphasizing the need for financial service licensees to prioritize client interests above all. This judgment serves as a stern warning to firms that exploit contractual loopholes for financial gain at consumers' expense.

Published:Friday, 2nd May 2025
Source: Paige Estritori

Share this news item:

Finance News

Clear

ASIC Cracks Down on Risky Financial Influences 12 Jun 2025: Paige Estritori The Australian Securities and Investments Commission (ASIC) has issued warnings to 18 social media influencers actively promoting high-risk financial products without the necessary licence. The move is part of a broader initiative to curb unlicensed financial advice in the online sphere, where influencers often lure young audiences with glamorous lifestyles while dispensing questionable investment tips. ASIC has identified these so-called 'finfluencers' as operating in breech of the Corporations Act by promoting complex financial products like derivatives without proper authorisation. - read more

ASIC Introduces 2-Year Fast-Track IPO Trial to Boost Market Appeal 11 Jun 2025: Paige Estritori The Australian Securities and Investments Commission (ASIC) has responded to stakeholder feedback by initiating a two-year trial of a fast-track process for Initial Public Offerings (IPOs). This initiative aims to address the decline in Australian IPOs and the number of public companies by making the IPO process more efficient. - read more

Intergenerational Wealth Transfer: A Prime Opportunity for Australian Advisers 11 Jun 2025: Paige Estritori Recent findings from EY's Global Wealth Research report highlight a significant opportunity for financial advisers in Australia as a large-scale intergenerational wealth transfer looms. With only 35% of Australians planning to retain their inherited assets in their existing forms, there is a noticeable shift towards diversification, with 51% intending to spread their investments across various asset classes. This trend opens the door for advisers to engage deeply with new inheritors, ensuring client retention across generations. - read more

RBA Poised for July Rate Cut Amid Economic Slowdown 11 Jun 2025: Paige Estritori The Reserve Bank of Australia (RBA) is widely expected to cut the official cash rate (OCR) at its upcoming July meeting. According to Westpac, the probability of this decision has reached an overwhelming 97% in financial markets. - read more

Australia's Interest Rates Set to Fall Below Zero Amid Structural Economic Challenges 10 Jun 2025: Paige Estritori Australia's economic landscape faces significant challenges, with stagnating GDP growth and a lack of capital investment occupancy at the forefront. Amidst these difficulties, the Reserve Bank of Australia (RBA) is presented with room to further reduce interest rates, potentially even venturing below zero. However, such a move is expected to offer only temporary relief rather than addressing the core issues of the economy. - read more

Major Regulatory Overhaul for Buy Now, Pay Later in Australia 10 Jun 2025: Paige Estritori The Buy Now, Pay Later (BNPL) sector in Australia is on the brink of significant transformation as new regulatory measures come into effect, equating BNPL services with traditional credit products like credit cards. Effective from June 10, 2025, all key players in the BNPL market, including Afterpay, Zip, and Humm, along with low-cost credit contracts, will be required to operate under stringent regulatory standards established by the Albanese government. - read more