Industry Updates

Advisers relying on their own interpretation of reg guides: FAAA

The Financial Advice Association Australia has recommended that ASIC offer principles-based regulatory guidance to a financial advice audience that is relying on their own readings of ASIC’s regulatory guides. The association has urged ASIC to improve guidance of certain obligations including breach reporting, fee consent and general advice.

Adviser calls for MIS post-mortem in open letter to minister

A review that focuses on distribution models, conflicts and supervision in failed managed investment schemes is needed in the wake of the Shield and First Guardian collapse, according to a financial adviser who has written an open letter to Minister for Financial Services Daniel Mulino. It’s one of six recommendations made in the letter to help improve the advice profession.

DBFO due ‘shortly’ but no specifics beyond that

The next tranche of Delivering Better Financial Outcomes legislation is due “shortly”, but Minister for Financial Services Daniel Mulino is unable to provide a timeframe, softening from earlier indications it would be released by the end of the year.

Should the FSC represent self-licensed businesses?

Nearly half the industry now operates under self-held AFSLs, which offers independence from an institutional collective, but lacks a centralised voice. Sean Graham writes the Financial Services Council’s licensing green paper might present ideas not necessarily in the best interests of self-licensed practices but there’s still an opportunity to be part of the process rather than just criticising it.

Mulino urges industry-led solutions to Shield, First Guardian saga

The government will give industry and regulators some space to deal with the fallout of the Shield and First Guardian collapse, but Minister for Financial Services Daniel Mulino believes some policy change will be needed. Meanwhile, the minister is also awaiting on Treasury to present findings of the Compensation Scheme of Last Resort review.

Avoid over-zealous regulatory response to Shield, First Guardian: HUB24

HUB24 says any response by regulators to the collapse of the Shield and First Guardian managed investment schemes must avoid undermining the ability of the platform industry to deliver choice and high-quality investment solutions to investors.

Supporting vulnerable clients through pro bono advice

Stephanie Patrick has been helping people navigate their finances for over 13 years, driven by the desire to make a difference. In a recent case referred by the Pro Bono Financial Advice Network, Patrick worked with a woman who had multiple sclerosis, was undergoing a divorce, had several children and was recovering from a previous cancer diagnosis, showing the crucial role pro bono advice can play.

Concerns raised over AFCA jurisdiction gap

A law firm has written to the Australian Financial Complaints Authority to advocate for a review of the gap in jurisdictional coverage that prevents advice complainants from seeking remediation from superannuation trustees. With most licensees involved in the Shield and First Guardian collapses having been cancelled, not involving trustees in the remediation process could see clients miss out on hundreds of thousands of dollars.

CSLR expects Shield, First Guardian payouts in FY27

The Compensation Scheme of Last Resort is calculating the remediation costs for claims related to the Shield and First Guardian master funds expected in FY27, as the fallout of the collapsed funds filters its way through the Australian Financial Complaints Authority.

‘Seeing the same things again’: Fok’s déjà vu from Shield, First Guardian

As industry fund Cbus has spent the greater part of 2025 rebuilding its image after going through multiple internal scandals, CEO Kristian Fok believes the collapse of the Shield and First Guardian master funds brings back bad memories of the Hayne royal commission and the high-pressure sales tactics that were a feature of its hearings.

Equity Trustees channels Trio scandal in approach to Shield remediation

In compensating victims of the collapsed Shield Master Fund, Equity Trustees is hoping to rely on an obscure legal mechanism that saw victims of the Trio Capital fraud remediated by the government, which then recouped its costs via a superannuation levy. Along with its previously stated intent to help members pursue claims through the CSLR, it shows a preference from the trustee to push for external parties to help with compensation.

Labor retreats on Div 296 reform, rejects suggestions of policy misstep

The Labor government has backed down from several controversial features of the high-balance superannuation tax it introduced two years ago, cancelling the plan to tax unrealised gains and introducing indexation to the $3 million threshold. The adjustments, which will delay the start date of the new tax regime by a year, were slammed as “publicly humiliating” by the Coalition.

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