ASIC takes action against RestBY JAMIE WILLIAMSON | TUESDAY, 2 MAR 2021 5:13PMThe corporate regulator has commenced civil proceedings against the industry superannuation fund for misleading members in relation to voluntary rollovers. Related News |
Editor's Choice
Vale Mark Johnson
Mark Johnson, a founding leader of Macquarie Group, has passed away.
Inflation hits 4.3%, RBA says it remains 'too high'
Australia's inflation rose to 4.3% in the 12 months to September, according to the latest data from the Australian Bureau of Statistics (ABS).
Cbus creates new role for legal operations
Cbus has welcomed a legal specialist to join the fund in a newly created role of group head of legal operations and strategy, bringing relevant experience from regulators ASIC and APRA.
Dexus to pay $30m in legal bills for leaked airport data case
The Supreme Court of NSW has ordered Dexus to cover close to $30 million in legal costs incurred by Melbourne Airport owner Australia Pacific Airports Corporation (APAC) and its shareholders, after the property giant lost a court fight over claims it improperly shared confidential data while trying ...
Further Reading
Products
Expert Feed
Featured Profile

David Sharpe
CHAIRMAN
FINANCIAL ADVICE ASSOCIATION AUSTRALIA
FINANCIAL ADVICE ASSOCIATION AUSTRALIA
A family man, business owner, cricket fanatic and financial adviser, David Sharpe has many facets. One of his biggest legacies, as he steps down as chair of the Financial Advice Association Australia, is leaving the profession stronger than he found it.







So what is ASIC going to do? Impose a fine?
Then, who'll pay! (Not a question.)
there are other industry funds that have done the same thing
ASIC is acting in no ones interests by pursuing this case.
The government, together with its advisers (including the regulators) have created a massive conundrum for super funds with the separate processes for portability and choice of fund. Having a member empty (and close) their account only to have further contributions arrive the following week or month is administratively costly for funds that have to deal with this.
Legislation allowing members to make a full portability transfer without a corresponding choice of fund election has created this problem. To prosecute a fund for trying to manage this efficiently in the interests of all members is not justice.
Where is the mechanism for the super fund to reject these contributions to the ATO, where the member can then have them passed to their new fund?