NSW adviser’s ‘incompetence’ leads to FSCP action

ASIC FSCP financial advice

11 February 2025
| By Laura Dew |
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The Financial Services and Credit Panel (FSCP) has cancelled the registration of an NSW adviser for two years as it felt he displayed a “level of incompetence” in providing advice to his clients. 

Glenn Paul Meilak, an adviser and director of Definitive Wealth Management in Padstow, saw his registration as a relevant provider cancelled by the FSCP’s sitting panel from 10 February 2025 until after 10 February 2027. 

The panel stated it reasonably believed he had contravened the best interests duty, the appropriate advice obligation, failed to prioritise his clients’ interests over his own, and made misleading statements.

“The disciplinary action was taken as a result of advices that Mr Meilak gave to his clients recommending that they set up self-managed superannuation funds. Mr Meilak exhibited conduct that was systemic, displayed a lack of care and a level of incompetence in providing the advice to his clients.”

He also failed to comply with values of competence and fairness, and Standards 1, 5 and 9 in the Code of Ethics.

This is the second FSCP action this year after a relevant provider received a written direction for additional retirement planning continuing professional education due to a concessional contribution cap error.

The adviser, anonymised as Mr D, received the action after advice related to a client’s concessional contribution cap.

“As a result of the advice, the client exceeded the concessional contribution cap by approximately $15,000,” the FSCP said.

“The breach occurred because the relevant provider failed to take into account the client’s defined benefit scheme even though income the client received from the scheme was referred to on several occasions in the statement of advice.”

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