Court Imposes $11 Million Penalty on Advice Firm for Breaching Remuneration Rules
Court Imposes $11 Million Penalty on Advice Firm for Breaching Remuneration Rules
4
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
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 However, its Australian financial services licence was revoked by ASIC in November 2024, following a payment from the Compensation Scheme of Last Resort.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
Please Note: If this information affects you, seek advice from a licensed professional.
The Australian Prudential Regulation Authority (APRA) has announced a significant policy change aimed at mitigating risks in the housing market. Effective February 2026, APRA will impose a cap on high debt-to-income (DTI) home loans, limiting such loans to 20% of new home lending portfolios. This measure is designed to address concerns over escalating property prices and the potential for financial instability. - read more
The Australian Securities and Investments Commission (ASIC) has raised significant concerns regarding the private lending sector, emphasising the need for enhanced transparency and adherence to best practices. This scrutiny comes in response to the sector's rapid growth and its increasing role in the financial market. Find out now if you qualify and compare rates, offers and options from multiple lenders - without a credit check! - read more
In the evolving landscape of Australia's financial sector, non-bank lenders are experiencing a surge in popularity among borrowers seeking more flexible loan terms. This trend is particularly notable among individuals who may not meet the stringent criteria set by traditional banks. Find out now if you qualify and compare rates, offers and options from multiple lenders - without a credit check! - read more
The Australian Prudential Regulation Authority (APRA) has announced a significant policy change to address emerging risks in the housing market. Effective February 2026, APRA will impose a cap on high debt-to-income (DTI) home loans, limiting such loans to 20% of new home lending portfolios. This proactive measure aims to curb potential financial instability arising from escalating property prices and increased credit growth. - read more
In response to emerging regulatory concerns, two of Australia's major lenders, Macquarie Bank and the Commonwealth Bank of Australia (CBA), have introduced new restrictions on lending to trusts and companies. - read more
The Australian Prudential Regulation Authority (APRA) has announced a significant policy change aimed at mitigating risks in the housing market. Effective February 2026, APRA will impose a cap on high debt-to-income (DTI) home loans, limiting such loans to 20% of new home lending portfolios. This measure is designed to address concerns over escalating property prices and the potential for financial instability. - read more
The Commonwealth Bank of Australia (CBA), the nation's largest lender, has voiced concerns over the current surge in home loan demand, suggesting it may be contributing to escalating property prices and potential financial instability. CEO Matt Comyn emphasized that while the bank benefits from increased housing credit, a more moderate growth rate would better support long-term financial stability and housing market accessibility. - read more
Australia's 'Big Four' banks-Commonwealth Bank of Australia (CBA), National Australia Bank (NAB), Westpac, and ANZ-are strategically reducing their reliance on mortgage brokers in response to squeezed profit margins resulting from lower interest rates, rising operational costs, and intense market competition. Currently, mortgage brokers account for approximately 80% of new home loans in Australia, a significant increase from 50% six years ago. However, banks are now focusing on more profitable, in-house mortgage origination channels. - read more
Recent analyses indicate that Australian home prices are set to rise by approximately 7% in 2026, an upward revision from earlier projections of 5.6%. This anticipated growth is primarily attributed to a constrained housing supply coupled with resilient demand, particularly in major urban centres such as Sydney, Melbourne, Brisbane, Adelaide, and Perth. - read more
The Australian stock market has demonstrated remarkable resilience, with the S&P/ASX 200 index recording a 10.2% gain over the 2025 financial year. This performance comes despite a backdrop of global economic uncertainties, including geopolitical tensions and fluctuating commodity prices. - read more
Your credit score is more than just a number; it's a reflection of your financial health. Essentially, it’s a numerical expression that represents your creditworthiness. Lenders use this score to assess the level of risk involved in lending you money. - read more
Understanding the mechanics behind credit scores is pivotal for anyone navigating the intricate world of finance. A strong credit score does not only unlock the gates to a plethora of borrowing options but also secures favorable interest rates, which can save you a substantial amount of money over time. It acts as a financial passport, one that enables you to achieve milestones such as purchasing a home or car with ease. - read more
Financial stress can feel like an unstoppable force, a cycle of worry that impacts not only our peace of mind but also our fiscal health. It represents the anxiety and pressure associated with the inability to meet financial obligations, be it due to unforeseen expenses, unemployment, or a plethora of other reasons. - read more
Financial stress is a common issue that affects a large portion of individuals, often due to unexpected expenses, unemployment, or a high cost of living. It can lead to both mental and emotional strain, influencing one's quality of life and decision-making abilities. Credit scores, a critical measurement of financial health, are used by lenders to evaluate the risk of lending money. - read more
A financial crisis can come in many forms, such as a job loss, unexpected medical bills, or an economic downturn. These events can drastically alter your financial stability and may lead to financial distress. - read more
Managing personal finances judiciously becomes paramount when dealing with loans and their repayments. A potential obstacle many encounter is preserving or enhancing their credit score while simultaneously undertaking the necessary financial commitments of loan repayments. Understanding how to navigate this terrain is vital to financial health. - read more
Understanding the nuances of financial health is a crucial component in the journey of loan acquisition. It is the bedrock on which potential borrowers build their case for credibility and reliability. Among the myriad of factors influencing your fiscal stability, credit scores stand out as a beacon indicating your creditworthiness to lenders. A robust credit score simplifies the path to securing loans, garnering favorable interest rates, and negotiating better terms. - read more
Loan approval can often be a crucial milestone in achieving your financial goals. Whether you're looking to buy a home, pay for education, or consolidate debt, securing a loan can provide the financial boost you need to move forward. - read more
Embarking on the journey to secure a loan can feel like navigating a minefield with your credit score as the prize. It's no secret that your credit score is your financial fingerprint, impacting not just your loan prospects but also the terms you're offered. However, the act of loan hunting itself, if not done carefully, can take a toll on this crucial number. - read more
Your credit score is a crucial part of your financial health. Essentially, it’s a numerical representation of your creditworthiness, calculated based on your credit history. In Australia, credit scores range from 0 to 1200, with a higher score indicating better creditworthiness. - read more
Need Help Finding a Loan?
Find out now if you qualify and compare
rates, offers and options from multiple lenders - without a credit check!
All finance quotes are provided free and without obligation. We respect your
privacy.
Knowledgebase
Dividend: A distribution of a portion of a company's earnings to its shareholders, usually in the form of cash or additional stock.