In the media
High Court clarifies proportionate liability
regime
MEDIA – 15 May 2015 – The High Court of Australia has
allowed an appeal against a May 2014 decision of the Federal Court
that apportioned liability for losses suffered by Ronald and Janna
Selig following advice given by a WealthSure adviser.
More...
Industry on cusp of free-trade windfall
MEDIA – 14 May 2015 – The industry was underprepared
for the opportunities set to arise from Free Trade Agreements
(FTA) with Japan, China and South Korea, according
to Finsia. The association pointed to recent research that showed
Asian markets were projected to grow at between 2.5% and 7% over
the coming decades.
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Tax review is timely to ensure entire retirement system
is fair and sustainable
AIST – 14 May 2015 – The Government's tax review is
a timely opportunity to examine the targeting of superannuation tax
concessions to ensure Australia's retirement income system is
sustainable for the long-term, AIST said today.
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Ships and superannuation
JOINT STANDING COMMITTEE ON TREATIES – 13 May 2015 –
Pensions and superannuation and pollution from ships are the focus
of a report released by the Treaties Committee. This agreement
ensures that the responsibility for providing benefits is shared
and that people moving between Australia and India to live or work
will find it easier to claim benefits including the aged pension
and superannuation.
More...
ISA and AIST want changes to professionalism
model
MEDIA – 13 May 2015 – Both Industry Super Australia
(ISA) and the Australian Institute of
Superannuation Trustees (AIST) have recommended
modifications to a proposed model on lifting educational,
professional and ethical standards in the financial services
industry. More...
Super sector supports age pension changes
MEDIA – 12 May 2015 – Proposed changes to tighten the
eligibility rules around access to the age pension have been
largely supported by the superannuation industry, with the measures
expected to provide greater clarity and improve fairness.
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No new taxes on super welcomed
MEDIA – 12 May 2015 – Superannuation representative
groups have backed the Federal Government's decision to leave
new taxes on super out of the 2015 budget but say there is further
consultation ahead. More...
More super levies announced
MEDIA – 12 May 2015 – The Australian Prudential
Regulation Authority (APRA) would raise $46.9
million in additional superannuation supervisory levies over a 4
year period starting from the 2016 financial year, the Federal
Government announced in tonight's budget.
More...
Small planning practices get tax benefit
MEDIA – 12 May 2015 – In a move which will benefit some
small financial planning practices, the Government has announced
that from 1 July, small companies with an annual turnover of less
than $2 million will have their tax rate lowered from 30% to 28%.
More...
Government confirms reversal of unclaimed funds
regime
MEDIA – 12 May 2015 – The regime covering unclaimed
bank and life insurance monies will revert to the pre-2012 trigger
of 7 years.
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Super funds lament higher levies
MEDIA - 12 May 2015 – The Government has used the Budget to
announce that it will be raising additional revenue of $46.9
million over 4 years from 2015-16 by increasing the supervisory
levies paid by financial institutions.
More...
ASFA pushes for sole adviser industry
body
MEDIA – 12 May 2015 – The Association of Superannuation
Funds of Australia (ASFA) has advocated for a
single professional body for financial advisers to create
consistency in industry standards and keep a lid on costs.
More...
ASFA's response to the 2015-16 Federal
Budget
ASFA – 12 May 2015 – The Association of Superannuation
Funds of Australia (ASFA) says the community will
be happy to see that the Government has kept its promise to not
make any unexpected, detrimental changes to superannuation in this
Parliamentary term. More...
ASIC cancels brokers' licences
MEDIA – 11 May 2015 – ASIC has cancelled the licences
of two insurance brokers for failing to lodge audited annual
statements. Action against Queensland based Ken Hart Insurance
Brokers and Adelaide based Marshall Laurence follows a proactive
review of 14 Australian financial services licensees.
More...
Financial Services Council spurns compromise on majority
independent directors
MEDIA – 11 May 2015 – The FSC is ramping up lobbying to
have all superannuation funds forced to appoint a majority of
independent directors, in a new report, titled "Raising
governance standards in the superannuation industry" and
released on Monday.
More...
Australian Parliamentary Service Budget
Guides
GOVERNMENT – 11 May 2015 – The Budget is an opportunity
for the Government to inform the Parliament, and therefore the
broader public about the expected performance of the international
and Australian economy, the Government's economic and fiscal
strategy and specific policy decisions the Government has made.
More...
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Appointment of Dr June Smith as Lead
Ombudsman
FOS – 8 May 2015 – FOS is pleased to announce the
appointment of Dr June Smith as Lead Ombudsman (Investments and
Advice) from 1 July 2015. This area of FOS's jurisdiction deals
with disputes involving investments, financial advice, life
insurance and superannuation.
More...
Australians should be compensated for poor financial
advice: Consumer groups
MEDIA – 8 May 2015 – Australia's leading consumer
groups have made a joint submission to the Senate Economics
Committee's Scrutiny of Financial Advice Inquiry calling for a
last resort compensation scheme for consumers with otherwise
uncompensated losses as a result of poor financial advice and other
financial misconduct.
More...
Cost of living stabilises, but policy changes may mean
people need to save more super
ASFA – 8 May 2015 – There was a pause in the cost of
living in the March quarter for retirees, with a substantial fall
in petrol prices offsetting an increase in the cost of
pharmaceuticals and health and medical services, according to the
ASFA Retirement Standard released by the Association of
Superannuation Funds of Australia (ASFA) today. More...
Banks support lifting education, ethical and
professional standards for financial advisers
ABA – 7 May 2015 – The banking industry has put its
support behind the Federal Government's drive to
professionalise the financial advice industry.
More...
Terminally ill patients to get super
access
MEDIA – 7 May 2015 – Australians who have been told
they have less than 24 months to live will be able to access their
superannuation, under a Government regulatory amendment. The
Government amendment would take effect from 1 July 2015.
More... More...
ASIC drawing up guidance on client
remediation
MEDIA – 7 May 2015 – Financial services licensees that
provide financial advice will soon have concrete guidance on client
review and remediation.
More...
Ethics must come first: CFA Institute
MEDIA – 7 May 2015 – The mandated nature of the
Australian superannuation system creates a "different playing
field" when it comes to ethics, argues the CFA Institute.
More...
Governance of Australian Government Superannuation
Schemes Legislation Amendment Bill 2015
GOVERNMENT – 7 May 2015 – Report on Governance of
Australian Government Superannuation Schemes Legislation Amendment
Bill 2015 [Provisions].
More...
Financial adviser standards consultation: Lifting the
professional, ethical and education standards in the financial
services industry
GOVERNMENT – 7 May 2015 – Treasury has published a
Consultation Paper in response to proposals by the Parliamentary
Joint Committee on Corporations and Financial Services'
inquiry. The paper discusses how standards will be lifted and
maintained at a specified minimum level; how minimum standards will
be monitored and enforced; and mechanisms for the ongoing
professionalisation of the industry. Submissions closed on 7 May
2015.
More...
ASFA Submissions
ASFA – 7 May 2015 – Lifting the professional, ethical
and education standards in the financial services industry. More...
FOS supports ASIC move to provide guidance on
remediation programs
FOS – 6 May 2015 – FOS Chief Ombudsman, Mr Tregillis,
today welcomed ASIC's announcement that it would develop
guidance on general customer review and remediation programs in the
financial advice industry.
More...
Taskforce should focus on super frauds
MEDIA – 6 May 2015 – A peak superannuation industry
body is urging the Serious Financial Crime Taskforce to have an
investigative body that will crack down on those committing
superannuation frauds.
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Serious Financial Crime Taskforce
welcomed
AIST – 5 May 2015 – AIST has welcomed Treasurer Joe
Hockey's announcement of the Serious Financial Crime Taskforce
that will address superannuation and investment fraud, identity
crime and tax evasion.
More...
Super Tax Concessions distribution gets more top-heavy
as costs explode
THE AUSTRALIA INSTITUTE – 4 May 2015 – The latest
modelling of Superannuation Tax Concession distribution shows the
inequality is growing as the cost to the budget surges. $12.2
billion, 41% of all concessions, are going to the top 10% of
households. Previously Treasury has released figures showing the
top 10% super contributors got about one third of the concession
(36.1% for 2009-10).
More...
FPA Life Insurance Blueprint released
FPA – 4 May 2015 – The Financial Planning Association
of Australia (FPA) has today released a Life
Insurance Blueprint paper and a consultation survey to its members
regarding the Life Insurance sector. More...
ASIC defends itself against Storm
allegations
MEDIA – 4 May 2015 – ASIC Commissioner Greg Tanzer
discussed its actions against the financial advice industry and
banks giving poor quality financial advice.
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A super waste of money: redesigning super tax
concessions
THE AUSTRALIAN INSTITUTE – 4 May 2015 – This paper
argues that reform of super tax concessions is long overdue and
should start from the principle that the only justification for
using taxpayer's money is if it reduces long term impacts on
the budget.
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ASIC: 15-092MR Update on Stronger Super
regime
ASIC – 1 May 2015 – Current interim relief so that
licensees do not have to provide a hard copy of the product
dashboard with the periodic statement has been extended to 1 July
2016. The start date for certain disclosures required pursuant to
subsection 29QB(1) of the Superannuation Industry (Supervision) Act
for standard employer-sponsored sub-plans has also been deferred
until 1 July 2016. Note: As an additional matter, ASIC has also
extended the interim relief in relation to long-term performance
reporting in Class Order 10/630 to 31 December 2015.
More...
Cases
Selig v Wealthsure Pty Ltd [2015] HCA
18
Order 2 of the Orders of Lander J made on 18 April 2013 be varied
by substituting "$1,716,680" in place of
"$1,760,512". Corporations – First and second
respondents provided financial advice to appellants – First
and second respondents found to have contravened various provisions
of Corporations Act 2001 (Cth) ("Act") and
Australian Securities and Investments Commission Act 2001
(Cth) – Whether liability should be limited to proportion of
appellants' loss, having regard to comparative responsibility
of other parties – Whether application of Div 2A of Pt 7.10
of Act limited to claims based on contravention of s 1041H of Act
or also applies to other causes of action. Procedure – Costs
– Costs order against non-party – Where professional
indemnity insurer had conduct of respondents' defence at trial
and made decision to appeal – Where insurer acting in own
interests by bringing appeal – Where respondents' cover
under insurance policy was capped – Whether circumstances
justified costs order against insurer who was a non-party to
proceedings. The appellants, invested in Neovest Limited
("Neovest") on the advice of David Bertram, who was an
authorised representative of the first respondent, Wealthsure Pty
Ltd. Wealthsure was the holder of an Australian Financial Services
Licence. More...
Legislation
Commonwealth
Defence Force (Superannuation) (Productivity Benefit)
Amendment (Interest Factor and Other Measures) Determination
2015
Tabled Senate 14 May 2015 – This determination amends the
Defence Force (Superannuation) (Productivity Benefit) Determination
1988 to automate the calculation of the superannuation guarantee
top-up and factors by reference to the charge percentage in the
Superannuation Guarantee (Administration) Act 1992 and to
the 10 yearly bond rate published by the Reserve Bank of Australia,
respectively. More...
Bills consultation
Reminder: [Draft] Tax and Superannuation Laws Amendment
(2015 Measures No. 3) Bill 2015: scrip for scrip
roll-over
The intention is to make it harder for companies and trusts to
avoid capital gains tax when they sell subsidiary companies other
than as part of a genuine merger or restructure of their business.
Submissions close on 20 May 2015.
More...
Reminder: [Draft] Tax and Superannuation Laws Amendment
(2015 Measures No. 4) Bill 2015: Consolidation
The exposure draft legislation covers 5 measures that were
announced in the 2013-14 and 2014-15 Budgets. Submissions close on
19 May 2015.
More...
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