Money Management | Vol. 35 No 1 | February 11, 2021

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MAGAZINE OF CHOICE FOR AUSTRALIA’S WEALTH INDUSTRY

www.moneymanagement.com.au

Vol. 35 No 1 | February 11, 2021

17

CLIMATE CHANGE

Meeting clients’ ESG demands

Strategies to fund retirement

2021 Offering financial advice during COVID-19

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PROPERTY

REITs in a pandemic

Will the Westpac High Court decision change intra-fund advice?

ADVICE

IT may have been a turbulent year, but clients have valued the advice from their financial adviser more than ever. Despite having to receive advice from home or via Zoom, clients said the peace of mind that their adviser provided was worth the cost of the service. Advisers provided reassurance to their clients and stopped them from making panicked decisions by implementing long-term strategies in portfolios which reduced volatility. Research by the Australian Securities Exchange (ASX) found 84% of advised clients said their adviser had been ‘helpful’ in managing the impact of COVID-19 on their portfolios. Some advisers even said they picked up new clients as people sought advice for situations such as the loss of a business. Scott Haslem, chief investment officer at Crestone Wealth Management, said: “The premium time to add value as an adviser is during a volatile time when they can see that you are able to sort through the noise for them and create a diversified portfolio. “When the market goes up, people question if advice is worth it but it’s about the long-term relationship we have with our clients and the trust that is built.”

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RETIREMENT

Full feature on page 14

BY MIKE TAYLOR

QUESTIONS are being asked about the extent to which superannuation funds will need to more closely tailor their intra-fund advice offerings following the High Court’s decision which clearly defined the difference between “general” and “personal” advice. The High Court provided that clarity by dismissing an appeal by Westpac against a Full Federal Court decision that the bank breached the Corporations Act by actively conducting a sales campaign aimed at rolling customers into Westpac products. Westpac claimed the conversations between its personnel and the superannuation fund members fell within the framework of general advice. The High Court disagreed and upheld the view that it falls under the heading of personal advice.

In the words of ASIC Commissioner, Danielle Press: “By clarifying the distinction between tailored, quality, personal advice in the customer’s interest, and general advice given via a sales campaign, today’s judgment will provide clear guidance to those financial institutions that develop campaigns to sell financial products through direct approaches to retail clients”. However, on ASIC’s current interpretation of intra-fund advice, the High Court’s decision may not be relevant, with the regulator having said that it regards intra-fund advice as limited personal advice. What is more, it has stipulated that Section 99F of the Superannuation Industry (Supervision) Act 1993 specifies that “intra-fund advice cannot cover advice on whether a member should consolidate their superannuation holdings into one account”. Continued on page 3

High Court delivers key decision on personal advice IN a key decision on the distinction between personal and general advice, the High Court of Australia has dismissed an appeal lodged by Westpac around a 2016 Australian Securities and Investments Commission (ASIC) claim that the bank had provided financial product advice. The ASIC action concerned Westpac Securities Administration Limited and BT Funds Management and related to calls to 14 customers concerning the rollover of their external superannuation accounts. The High Court found that Westpac had provided “personal advice” in calls it made to customers concerning the rollover of their external superannuation accounts. The High Court found that, in doing so, Westpac had breached the Corporations Act. Continued on page 3

4/02/2021 11:34:04 AM


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Money Management | Vol. 35 No 1 | February 11, 2021 by FE Money Management - Issuu