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 publised 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.
