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ASIC update: Compensation for financial advice related misconduct as at 31 Dec 2020

Douglas Johnston successfully appeals three of nine counts of obtaining financial advantage by deception

ASIC imposes additional licence conditions on Poynter Hargraves Financial Consultants Pty Ltd

ASIC cancels financial services and credit licences of Mortgage & General Financial Services Pty Ltd

Date Time ASIC cancels financial services and credit licences of Mortgage & General Financial Services Pty Ltd ASIC has cancelled the Australian financial services licence (AFSL) and Australian credit licence (ACL) of Victoria-based Mortgage & General Financial Services Pty Ltd (Mortgage & General). ASIC cancelled the AFSL and ACL because Mortgage & General failed to demonstrate that it had the competence and resources to provide financial services and credit activities as required under its licences. Under the terms of both the AFSL and ACL, Mortgage & General was required to have a ‘key person’. However, following the death of its key person, Mortgage & General failed to appoint a new key person.

ASIC successful against Westpac subsidiaries appeal to High Court

Date Time ASIC successful against Westpac subsidiaries’ appeal to High Court The High Court has today confirmed that Westpac Bank subsidiaries, Westpac Securities Administration Limited (WSAL) and BT Funds Management Limited (BTFM), breached financial services laws, including the requirement to act in their clients’ best interests and the requirement to act honestly, efficiently and fairly. The unanimous High Court judgment today upheld the Full Federal Court decision regarding the conduct of WSAL and BTFM, dismissing their appeal and holding that they breached the Corporations Act by providing personal financial product advice in calls made to 14 customers. Neither company was licensed to provide personal financial advice.

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