Business ordered to refund $85,000 in ‘lost’ SMSF monies
The Supreme Court of Western Australia has ordered a financial services business to pay over $85,000 of self-managed superannuation fund (SMSF) monies back to a client, after the company allegedly gave inappropriate and conflicted advice.
The court hearing proceedings initiated by the Financial Ombudsman Service (FOS), ordered that Utopia Financial Services Pty Ltd pay $85,756 plus interest back to the client who incurred a loss as result of the firm's advice.
The court heard that an authorised representative of Utopia allegedly gave Dr Shelley Craddock advice in November 2006, to roll her super ($59,887) out of an industry super fund, into a new SMSF, borrow money and invest in a private trust, of which the authorised representative was the corporate trustee.
The court was told the trust was then going to develop a strata development in Cottlesloe, but "as a result of the global financial crisis" there were difficulties in borrowing funds and buying "all the necessary strata units", Craddock then wanted to "exit her SMSF's investments" but was unable to do so.
The court ruling followed the FOS' investigation into the matter in 2012, and subsequent request for Utopia to pay the monies back to Craddock, something which had not occurred.
FOS had found that Utopia breached its obligation under the Corporations Act 2001 and that Craddock suffered a loss as a result of their breach.
Recommended for you
Despite the year almost at an end, advisers have been considerably active in licensee switching this week while the profession has reported a slight uptick in numbers.
AMP has agreed in principle to settle an advice and insurance class action that commenced in 2020 related to historic commission payment activity.
BT has kicked off its second annual Career Pathways Program in partnership with Striver, almost doubling its intake from the inaugural program last year.
Kaplan has launched a six-week intensive program to start in January, targeting advisers who are unlikely to meet the education deadline but intend to return to the profession once they do.
