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Current
Publications
July
2010
"Will
the changes to borrowing arrangements by superannuation funds affect you
or your clients" by Fiona Sonntag
The Federal Government has made a number
of changes to superannuation law for the purpose of reducing the risks
for superannuation funds investing in limited recourse borrowing arrangements.
The legislation provides further guidance to trustees of superannuation
funds but will also prohibit or have the effect of limiting arrangements
which were previously allowable.
"The
New Intestacy Law in NSW – What Your Client Needs to Know"
by Kerstin Glomb
Kerstin Glomb
is a solicitor at Argyle Lawyers specialising in the areas of estate planning
and estate administration and she looks into the changes to intestacy
law in New South Wales effective in March 2010. Intestacy law applies
when a person dies without a valid will or one that doesn’t cover
the whole of the their estate. In today’s world of multiple spouses
and blended families, Glomb stresses how important it is for planners
to ensure that clients have a valid will, especially when the new law
comprises a risk that the estate is distributed in a manner which is not
in accordance with their client’s wishes and expectations. This
article is published in the The Australian Journal of Financial Planning.
April
2010
"Professionalism
and Ethics in Financial Planning Doctor of Philosophy Study 2009"
by Dr June Smith
Victoria University
School of Law Abstract. The purpose of this study was to enhance understanding
of the ethical decision making of these financial planning participants
within this context. This study is therefore a significant one in what
is a relatively under-researched area of interest.
June
2009
"Shareholders
Agreements and Keeping The Business Marriage Together" by James Millea
Business angels
investing in private companies is typically a high risk undertaking, Andrew
Ireland and James Millea write. Originally published in Wholesale
Investor 10 June - 13 June 2009.
"Controlling
structuring risk for Business Angels" by Andrew Ireland and James
Millea
Starting a
new business is like a marriage. Common goals and some thought before
you take the plunge on how to manage the different dreams and sole disputes
will go a long way to maintaining a happy business marriage, writes James
Millea.Originally published in Wholesale
Investor 5 June - 10 June 2009.
April 2009
"History
repeating itself? Lessons from the Storm Financial and Westpoint Group
collapses" by June Smith
There
are significant patterns in
how financial advice was given to consumers in both the Storm Financial
and Westpoint cases, writes June Smith. This
article was originally published in LexisNexis
Butterworths Financial Services Newsletter April 2009.
"Preference
Shares– They may be preferable for proprietary companies" by
Andrew Ireland
Private
companies can find that preference shares are an attractive means of raising
funds and, in appropriate circumstances, may be a better alternative to
ordinary shares or loans, particularly in the current economic climate
Andrew Ireland writes.
February 2009
"Trusts:
A 21st Century Look at a Centuries Old Tool" by
Peter Bobbin
Without
doubt trusts are the most favoured investment and business vehicles today,
yet most professionals have completed less than 40 hours formal education
in the law of trusts and taxation of these. In this detailed paper, Mr
Bobbin presents the fundamentals followed by discussion of stamp duty,
estate planning, family law, and taxation issues relevant to the law of
trusts. Useful 'Practice Points' are given throughout this article.
Updated February 2009.
"No
time like the present" by Peter Bobbin
Many
firms will be busy helping clients reset their financial futures, but
before they begin they'll need to reorganise their own business to maximise
gains when better times arrive Peter Bobbin writes. Originally published
in Asset
Magazine February 2008.
December
2008
"Culture
of complaints" by Peter Bobbin
Clear
communication with clients is more important than ever in the market,
as even grieves can offer an opportunity to build better relationships,
Peter Bobbin writes. Originally published in Asset
Magazine December 2008.
November
2008
"Enough
complaints to share" by Peter Bobbin
As
the credit crunch continues to bite, grievances against advisers will
probably increase as clients review their strategies and returns, but
where does the buck stop? Originally published in Asset
Magazine November 2008.
October
2008
"A
lapse in trusteeship" by Peter Bobbin
The
concept of a dependant is anachronistic. I should be able to apply my
super as I wish. Professional super fund administrators are growing lazy,
leaving deceased members' dependants confused or, worse yet, forced to
bear the consequences of their failures, Peter Bobbin writes. Originally
published in Asset
Magazine October 2008.
September
2008
"Beware
the trusty short cut" by Peter Bobbin
The
most common failing in the use a trust begins with the advisers who recommend
them. Judging by the mood of the times, a professional trustee and a settlement
fee substantially greater than $10 will be needed to earn the respect
of the courts, writes Peter Bobbin. Originally
published in Asset
Magazine September 2008.
August 2008
"Fees
make a meal of your client's interests" by Peter Bobbin
Financial advisers have a fiduciary duty to charge on a commission
basis, Peter Bobbin writes. This article originally appeared on the 28
August 2008 issue of Money
Management.
"Right
Topic Wrong Focus" by Peter Bobbin
The consultation paper on superannuation
shows that the government needs to focus on the value of advice and on
encouraging households to boost retirement savings, Peter Bobbin writes.
Originally published in Asset
Magazine August 2008.
July
2008
"Super's
final frontier" by Peter Bobbin
Australian super-tax laws that treat a
company as a spouse no longer seeem so bizzare. Advisers are coming to
grips with the government's Better Super system, Peter Bobbin writes,
but unfortunately many of its absurdities and complexities are still in
place. Originally published in Asset
Magazine July 2008.
June
2008
"Extreme
super makeover" by Peter Bobbin
The complex, outdated rules covering self-manged
superannuation funds are crying out for reform and a single authority
should be given the role of DIY fund regulater, Peter Bobbin writes. Asset
Magazine June 2008.
May
2008
"Trusts:
A 21st Century Look at a Centuries Old Tool" by
Peter Bobbin
Without
doubt trusts are the most favoured investment and business vehicles today,
yet most professionals have completed less than 40 hours formal education
in the law of trusts and taxation of these. In this detailed paper, Mr
Bobbin presents the fundamentals followed by discussion of stamp duty,
estate planning, family law, and taxation issues relevant to the law of
trusts. Useful 'Practice Points' are given throughout this article.
Updated May 2008.
"When
washing is a dirty word" by Peter Bobbin
Always be wary when the Tax Office uses
a word whose meaning you need to look up. A falling sharemarket hs prompted
the re-emergence of the wash sale as a tax-saving strategy. Peter Bobbin
writes, but unfortunately many of its absurdities and complexities are
still in place. Originally published in Asset
Magazine May 2008.
April
2008
"Super's
final frontier" by Peter Bobbin
Australian super-tax laws that treat a
company as a spouse no longer seeem so bizzare. Advisers are coming to
grips with the government's Better Super system, Peter Bobbin writes,
but unfortunately many of its absurdities and complexities are still in
place. Originally published in Asset
Magazine April 2008.
March
2008
"Gear
up for a lawsuit" by Peter Bobbin
It's a great time to be in the super financial
services profession, despite the fearful chatter. More exceptions allowing
super funds to borrow money for investments are a big opportunity for
the members. Don't let them give someone a new change to sue you, Peter
Bobbin writes. Originally published in Asset
Magazine March 2008.
February
2008
"Simple
truth Saves" by Peter Bobbin
Advisers need to take care when communicating with clients - simply put
dumb it down. No more fancy words, slock marketing jargon or convuluted
nomenclature; be bluntly honest with clients in termins that even your
teenager would understand, Peter Bobbin writes. Originally published in
Asset
Magazine February 2008.
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