Business Loans Australia :: News
SHARE

Share this news item!

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

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

Court Imposes $11 Million Penalty on Advice Firm for Breaching Remuneration Rules?w=400
The Federal Court has imposed a substantial $11 million penalty on a financial advice firm after discovering the firm breached conflicted remuneration regulations.
The case revealed that DOD Bookkeeping, formerly Equiti Financial Services, engaged in practices that involved providing standardized advice that improperly favored in-house property investments.

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 However, its Australian financial services licence was revoked by ASIC in November 2024, following a payment from the Compensation Scheme of Last Resort.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

Calls Intensify for Swift Financial Advice Reforms in Australia Calls Intensify for Swift Financial Advice Reforms in Australia
06 May 2025: Paige Estritori

Amid pressing concerns from industry associations, the call for rapid finalization of financial advice reforms in Australia has been amplified. The lack of direction from the Labour government regarding the Compensation Scheme of Last Resort (CSLR) is causing uncertainty in the sector, potentially stalling essential reform work. The impending retirement of Stephen Jones has only added to the speculation surrounding the future of these reforms. - read more
Unlocking Income Opportunities Through Commercial Real Estate Debt Unlocking Income Opportunities Through Commercial Real Estate Debt
06 May 2025: Paige Estritori

Investors are increasingly discovering income prospects in commercial real estate (CRE) without owning property directly. CRE debt investments offer a popular method to generate returns by lending to those requiring capital for commercial property ventures. The investors' gains are derived from borrowing costs, encompassing interest and fees, once fund expenses are deducted. - read more
Navigating the Challenges of Bond Income Distributions Navigating the Challenges of Bond Income Distributions
05 May 2025: Paige Estritori

As global bond yields experience a resurgence, many income-seeking investors face diminishing returns from cash distributions. According to a recent analysis by investment researcher Zenith, a noticeable discrepancy has emerged between the average yields of bond fund portfolios and their actual income distributions. - read more
Westpac Records Slight Profit Drop Amid Geopolitical Risk Concerns Westpac Records Slight Profit Drop Amid Geopolitical Risk Concerns
05 May 2025: Paige Estritori

In a cautious signal to the market, Westpac has recorded a marginal decline in its half-year profit, posting a $3.45 billion result, down by one per cent compared to previous figures. This financial outcome marks the first under the direction of their new CEO, Anthony Miller, who commenced his role in December last year. Westpac has flagged geopolitical unpredictability as a significant ongoing risk, reflecting a challenging environment for the financial sector. - read more
US Federal Reserve Rate Decision Grips Australian Investors US Federal Reserve Rate Decision Grips Australian Investors
04 May 2025: Paige Estritori

The upcoming interest rate decision by the US Federal Reserve is creating significant anticipation among Australian investors. As the announcement is set for Thursday, the market is particularly keen on understanding the future direction beyond the expected maintenance of the current cash rate, which Federal Reserve Chair Jerome Powell has previously indicated for May. - read more
Court Imposes $11 Million Penalty on Advice Firm for Breaching Remuneration Rules Court Imposes $11 Million Penalty on Advice Firm for Breaching Remuneration Rules
02 May 2025: Paige Estritori

The Federal Court has imposed a substantial $11 million penalty on a financial advice firm after discovering the firm breached conflicted remuneration regulations. The case revealed that DOD Bookkeeping, formerly Equiti Financial Services, engaged in practices that involved providing standardized advice that improperly favored in-house property investments. - read more
Strategic Analytics Appointment Boosts La Trobe's Growth Ambitions Strategic Analytics Appointment Boosts La Trobe's Growth Ambitions
30 Apr 2025: Paige Estritori

La Trobe Financial is intensifying its focus on strategic growth with the appointment of Himanshu Yadav as the new Head of Strategic Analytics and Projects. This move aligns with the company's ambitious goal of reaching $30 billion in assets under management, marking a significant milestone in its expansion strategy. - read more


Business Loans Articles

Financing Options to Boost Your Business Liquidity Financing Options to Boost Your Business Liquidity
Liquidity is a vital aspect of any successful business, representing the ability to meet short-term obligations and to manage cash flow effectively. High liquidity indicates that a company can swiftly convert assets into cash to cover its liabilities. This financial agility enables businesses to navigate unpredictability, seize opportunities, and maintain operational stability. - read more
Startup Loans vs. Business Lines of Credit: Which is Better for Your Company? Startup Loans vs. Business Lines of Credit: Which is Better for Your Company?
Starting a new business is an exciting journey, but it often requires a significant amount of funding to get off the ground. Whether it's for purchasing equipment, hiring staff, or marketing your new venture, securing the right type of financing is crucial for success. - read more
Breaking Down Barriers: How to Overcome Delays in Business Loan Approvals Breaking Down Barriers: How to Overcome Delays in Business Loan Approvals
Embarking on a business endeavor often requires substantial financial support, and securing a business loan can be a crucial step towards progress and expansion. A well-prepared loan application not only showcases your business in its best light but also significantly enhances the prospects of obtaining the needed funds. Attention to detail and a thorough understanding of the lending process can streamline your journey to approval. - read more
Business Loans in Australia: Tips for Finding the Perfect Fit Business Loans in Australia: Tips for Finding the Perfect Fit
Funding is crucial for startups and small businesses looking to grow and succeed. In Australia, there are multiple financing options available, each catering to different business needs. These options range from traditional bank loans to more flexible lines of credit, helping entrepreneurs find the best fit for their specific requirements. - read more
From Setbacks to Success: Overcoming Credit Challenges and Fueling Business Growth From Setbacks to Success: Overcoming Credit Challenges and Fueling Business Growth
In the dynamic world of business, navigating credit challenges is a reality for many Australian business owners. These challenges can stem from various sources, including unpaid customer invoices, unexpected expenses, or the complexities of managing cash flow. Such hurdles often come at inopportune moments, leading to recurring stress for entrepreneurs trying to maintain a stable financial standing. - read more
From Application to Expansion: The Complete Roadmap to a Successful Business Loan Journey From Application to Expansion: The Complete Roadmap to a Successful Business Loan Journey
For many Australian entrepreneurs, a business loan is a vital step towards achieving growth and success. Access to capital can fuel expansion, help manage cash flow, and provide the necessary resources to capitalize on new opportunities. However, navigating the journey from application to approval, and eventually, to expansion, presents its own set of challenges. - read more
Mastering Cash Flow: Essential Tips for Expanding Your Business's Working Capital Mastering Cash Flow: Essential Tips for Expanding Your Business's Working Capital
Cash flow is the lifeblood of any business, signifying the money that flows in and out of your operations. It's essential for covering daily expenses, paying employees, and capitalizing on growth opportunities. Maintaining a healthy cash flow ensures that a business can meet its obligations and invest in its future. - read more
Mezzanine Finance: A Strategic Tool for Business Growth through Acquisition Mezzanine Finance: A Strategic Tool for Business Growth through Acquisition
Mezzanine finance represents a sophisticated instrument within the realm of corporate finance, often utilized as a strategic tool when more traditional forms of capital are not ideally suited or are insufficient for a firm's needs. Inherently, it serves as a hybrid between debt and equity financing, tailored to support growth initiatives such as business acquisitions. - read more
Understanding Loan Terms and Conditions: A Guide for New Business Owners Understanding Loan Terms and Conditions: A Guide for New Business Owners
Starting a business often requires a substantial amount of capital, which many new business owners may not have readily available. Business loans can provide the necessary funding to help get your startup off the ground, from purchasing equipment to hiring staff and everything in between. - read more
Customized Leasing Solutions: Finding the Right Terms for Your Business Needs Customized Leasing Solutions: Finding the Right Terms for Your Business Needs
Equipment leasing presents a strategic financial opportunity for Australian businesses seeking to maximize operational efficiency without the hefty price tag of purchasing. As many companies strive to stay competitive and agile in a bustling economic landscape, the importance of flexible asset acquisition cannot be understated. - read more
Secured vs Unsecured Business Loans: Which is Right for You? Secured vs Unsecured Business Loans: Which is Right for You?
In Australia, business loans are a crucial tool for companies looking to grow, expand, or manage cash flow. From small enterprises to large corporations, securing funding can mean the difference between success and failure. The financial landscape is diverse, offering various loan options tailored to different needs and business models. - read more
Drawing a Roadmap: Effective Planning for Business Loan Utilization in Australia Drawing a Roadmap: Effective Planning for Business Loan Utilization in Australia
Effective planning is the backbone of any thriving business, and when it comes to leveraging financial products like business loans, this foresight becomes even more crucial. In the dynamic economic landscape of Australia, businesses are continually walking a tightrope, balancing investment, growth, and financial stability. The importance of prudent and strategic planning for business loan utilization cannot be overstated; it can mean the difference between a flourishing enterprise and one that struggles to keep its head above water. - read more
Business Loans in Australia: Tips for Finding the Perfect Fit Business Loans in Australia: Tips for Finding the Perfect Fit
Funding is crucial for startups and small businesses looking to grow and succeed. In Australia, there are multiple financing options available, each catering to different business needs. These options range from traditional bank loans to more flexible lines of credit, helping entrepreneurs find the best fit for their specific requirements. - read more
Unlocking the Secrets to Flexible Business Financing in Australia Unlocking the Secrets to Flexible Business Financing in Australia
For emerging businesses seeking to navigate the vibrant economic currents of Australia, grasping the startup lending landscape is essential. A myriad of financing options, each with its distinct advantages and caveats, awaits the ambitious entrepreneur. In this sea of possibilities, securing the right funding becomes more than a mere necessity—it represents a decisive factor in charting the course toward business success. - read more


Need Help Finding a Loan?
Loan Amount:
Postcode:
All finance quotes are provided free (via our secure server) and without obligation.
We respect your privacy.

Knowledgebase
Second Mortgage:
A type of subordinate mortgage made while an original mortgage is still in effect.