Future of Financial Advice (FOFA), Financial Services Law & FSR

In March 2004, providers of financial services in Australia were all drawn under one regulatory "umbrella" as a result of the Financial Services Reform Act 2001.  Anyone carrying on a financial services business must now operate under an Australian financial services licence.  This includes a diverse range of operators, including, among many others, banks, financial planners, stockbrokers and even electronic-currency traders.  Licensees must meet a large number of legal and regulatory requirements, under the watchful eye of the Australian Securities and Investments Commission (ASIC).

The involvement of Holley Nethercote in the financial services industry began with providing legal services to life insurance companies when the firm commenced back in 1995.  Holley Nethercote partners, Tim Nethercote and Grant Holley had been working with life insurance companies (and banks) as a solicitor and barrister respectively prior to commencing practice as Holley Nethercote

In 2012, we saw the introduction of the FOFA reforms.  The next challenge for the financial services industry is complying with these reforms which, amongst other things, place a ban on conflicted remuneration, require advisers to act in the best interests of the client and provide for the provision of fee disclosure statements.  Holley Nethercote’s extensive background and experience in financial services law means that we can assist you to understand and comply with FOFA.

Contact us now to see how we can help you.


  • By David Court

    Part II: Certified Wholesale - SMSFs and Accountant's Certificates

    Monday, 9 October 2017
    In Part I of this blog series, we left off at What are the wholesale client eligibility tests? In Part 2 of this blog series, we will continue from there and answer the remaining four questions: 4. What are the wholesale client eligibility tests? 5. What is individual wealth? 6. How are controlled entities included? 7. Who can control an SMSF?

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  • By David Court

    Part I: Certified Wholesale - SMSFs and Accountant's Certificates

    Wednesday, 4 October 2017
    On 7 July 2017, ASIC issued a media release concerning action that it had taken over a particular example of perceived inappropriate use of accountant's certificates to treat investors as wholesale clients.

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  • By Zoe Higgins

    The application of the ASIC Industry Funding Model in the Financial Advice Sector

    Monday, 18 September 2017
    The ASIC industry funding model commenced on 1 July 2017, marking the introduction of a ‘user-pays’ system for ASIC’s supervision of the corporate, financial services markets and consumer credit sector.

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Compliance