<a href="https://www.apartments.com.au/developments/broadbeach-qld-4218">Broadbeach</a> offers plenty of reasons to live vertically, but moving from a substantial family home into an apartment can expose the compromises of high-density living. Privacy, room for guests and usable living space tend to matter more when an apartment is intended as a permanent home rather than an occasional coastal base.

A typical residential floor at <a href="https://www.apartments.com.au/new-apartments/the-eveleigh-broadbeach-7-9-surf-parade-broadbeach-qld-4218">The Eveleigh</a>, on Surf Parade,&nbsp;contains just four apartments. The 94-residence development by <a href="https://www.apartments.com.au/developers/hirsch-faigen">Hirsch &amp; Faigen</a> is predominantly made up of expansive three-bedroom homes, with a limited collection of half-floor penthouses above.

Across the apartment floors, <a href="https://www.apartments.com.au/architects/rothelowman">Rothelowman</a> has used the relatively limited number of residences to give each home greater access to natural light and outlook. Living spaces extend towards full-height glazing, while a series of bay windows frame selected views across the Pacific Ocean, city and hinterland rather than treating the building edge as a continuous wall of glass.

&nbsp;

[smartcode_project:default project_id=149670 project_image_fid=360965]

“The apartment floors deliver a collection of homes that embrace controlled outlook via a series of bay windows deliberately framing moments of view,” Rothelowman Director Kim Lowman said.

From outside, those projecting forms contribute to the tower’s faceted profile. Strong horizontal and vertical elements establish its proportions, while the changing position of the sun alters the light, shadow and reflection across the façade throughout the day.

The same attention moves inside the apartments, where the material palette combines warm timber, natural stone, metallic detailing and softer curved forms. Kitchens sit within the main living zone, with stone island benches, integrated joinery and European appliances, before the living areas extend towards the glazing and the outlook.

&nbsp;

[smartcode_project:default project_id=149670 project_image_fid=360981]

Three genuine bedrooms provide room to accommodate family and guests, while two secure car spaces and storage address some of the practical considerations that can become more noticeable when moving from a larger home. Feedback from the display suite has centred on the warmth and restraint of the interiors, with buyers commenting that the residences feel like homes rather than conventional coastal apartments.

A limited collection of half-floor penthouses occupies the upper levels, increasing the scale of the living spaces and adding private balconies and elevated finishes. From this position, the outlook extends between the ocean and hinterland.

Outside the private residences, The Eveleigh separates its shared spaces between the podium and rooftop. The podium is centred on wellness, with subtropical landscaping surrounding a swimming pool and pool terrace, yoga garden, private gymnasium, sauna and hot and cold plunge facilities. Landscaped retreats and pavilions provide additional places to sit away from the main recreation areas.

&nbsp;

[smartcode_project:default project_id=149670 project_image_fid=360966]

Higher in the building, a rooftop pavilion and private dining suite sit alongside resident lounge, barbecue and outdoor dining areas, opening towards panoramic views across the ocean, city and hinterland.

“Buyers are no longer just looking for an apartment, but a lifestyle where they can relax, reset, and enjoy a balanced way of living,” Hirsch &amp; Faigen Director of Sales Matt George said.

Interest to date has come from established owner-occupiers and interstate lifestyle purchasers, including buyers planning a future move to the Gold Coast. Many are coming from larger homes and want to reduce ongoing maintenance without giving up space for family and guests, privacy, two car spaces or the ability to entertain at home.

&nbsp;

[smartcode_project:default project_id=149670 project_image_fid=360969]

Much of that daily life can also take place beyond the building without requiring a drive. Kurrawa Beach and Pratten Park are an easy walk from Surf Parade, while Pacific Fair, Oracle Boulevard, The Oasis, restaurants, cafés, entertainment and public transport are also within walking distance.

The Eveleigh is Hirsch &amp; Faigen's fourth Gold Coast development since entering the market in 2021, following The Hemingway at Palm Beach, The Emerson at Kirra and Yves at Mermaid Beach. Each of the preceding projects sold out before completion.

“Broadbeach had been on our radar throughout our time operating on the Gold Coast,” the developer said. “Following our projects in Palm Beach, Kirra and Mermaid Beach, Broadbeach represented the natural next step for the business.”

The Surf Parade site brought together proximity to the beach, protected coastal outlooks and walkability to dining, shopping and recreation. Hirsch &amp; Faigen also identified the street as an emerging premium residential address, with enough separation from Broadbeach's busier destinations to retain a quieter environment at home.

The Eveleigh is now under construction by Maxcon, with completion forecast for mid-2028. Three-bedroom residences are currently available from $2.87 million.

[smartcode_project_cta:default project_id=149670]

Joel Robinson

The Eveleigh brings house-like apartments to Broadbeach

A long-stalled Campbelltown development site is back in play, with new plans for 139 apartments set to supersede a mixed-use scheme approved almost a decade ago but never built.

The new proposal for 28 Cordeaux Street would deliver 116 market and 23 affordable apartments in a part 14-storey building, bringing a substantial new project into a Campbelltown market where new apartment supply remains limited.

Plans have been filed over the 3,092 sqm corner site at Moore-Oxley Street, around 600 metres from Campbelltown Railway Station and the city-centre retail core.

The site already carries a mixed-use residential approval dating to 2016. Doroch Architects has now been engaged on a larger replacement scheme, which is progressing as a State Significant Development Application following a Housing Delivery Authority determination in August 2025.

The apartment mix comprises 39 one-bedroom, 72 two-bedroom and 28 three-bedroom residences. Two-bedroom apartments make up just over half of the project, while three-bedroom homes account for 20 per cent.

<img alt="First look: New 139-apartment plans revive long-stalled Campbelltown city centre site" data-entity-type="file" data-entity-uuid="136dd5b9-3791-4da6-9e31-76f533f5b4de" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Campbelltown%20da2.png?VersionId=LgOSy9nwf5u.MGswBBwaGGxuX8QpHSl_" />

Of the 139 apartments, 23 will be delivered as affordable housing under the in-fill affordable housing provisions of the Housing SEPP. The affordable component represents 15 per cent of the residential gross floor area and will be managed by a registered Community Housing Provider.

Doroch has sought to break the scale of the building into two distinct elements, with a masonry podium of around four storeys establishing the street edge before the residential tower steps back above.

The corner position has shaped that approach. Cordeaux Street faces toward the commercial and civic centre, while Moore-Oxley Street leads into the lower-scale residential neighbourhood to the south, and the design verification report describes the site as "bridging the commercial core to the north and established residential areas to the south."

The podium will be expressed predominantly in face brick, while the upper levels shift to brushed and grooved concrete cladding with darker metal detailing. Recessed sections, deep balcony edges and landscaping break down the upper form, with an approximately 11.8-metre setback to the northern boundary addressing the adjoining St Peters Anglican School.

<img alt="First look: New 139-apartment plans revive long-stalled Campbelltown city centre site" data-entity-type="file" data-entity-uuid="c8b3d2d3-c561-4bfc-a5d9-a68c0c10dac1" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Campbelltown%20da1.png?VersionId=AeAEyJU02Gk2k5noUj2StziCvdQ7fW4B" />

Campbelltown has been starved of new residential developments in the last decade.

The only other notable development set to come to market this year is ALAND's Queen Square, a mixed-use precinct on over two hectares that will comprise apartments above a vibrant ground-level retail and hospitality dining precinct.

First look: New 139-apartment plans revive long-stalled Campbelltown city centre site

First Look: Sherlock Construction pitches apartments for low-rise Deception Bay

Queensland builder-developer MAYD has revealed the first look at its major North Kirra beachfront development, lodging amended plans that reduce the number of apartments and increase the proportion of larger residences.

The project is planned across a substantial 4,742 sqm amalgamated site spanning seven lots at <a href="https://www.apartments.com.au/new-apartments/2-6-pacific-parade-bilinga-qld-4225">2-6 Pacific Parade</a> and 27-33 Golden Four Drive in Bilin​ga, directly opposite Nor​th Kirra Beach.

<a href="https://www.apartments.com.au/developers/mayd-group">MAYD</a> secured the site for $32.5 million in 2025, in what was one of the Gold Coast's largest property transactions of the year.

The development will be delivered across two stages, with the first stage carrying an estimated gross realisation value of around $360 million.

The latest amendments seek to reduce the overall apartment count and shift the project further toward the owner-occupier market, with larger residences designed for buyers wanting considerably more space than traditionally offered in a beachfront apartment.

The residential mix will include townhomes, oversized two-bedroom apartments, substantial three-bedroom residences and four-bedroom homes.

MAYD has appointed Cera Stribley to lead the architecture and interiors, with the Melbourne-based design practice drawing on the beachfront setting through a series of ocean-facing terraces and heavily landscaped balconies.

Strong horizontal forms and curved balconies will define the exterior, with subtropical landscaping integrated throughout the building to soften the built form and increase the connection between the residences and the beachfront.

The project will also include an extensive collection of resident wellness and lifestyle facilities, continuing the broader shift across the Gold Coast's luxury apartment market toward larger homes supported by resort-style amenity.

<img alt="MAYD" data-entity-type="file" data-entity-uuid="d1bcbb05-e659-4b47-8bd4-1e595315e2ad" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-27%20at%202.05.03%E2%80%AFPM.png?VersionId=jj0XEud1X1DuLt7_KyElhjMdZGOXmLHP" />

MAYD Founder Todd Mould said North Kirra was increasingly appealing to buyers attracted to the more established, lower-density character of the southern Gold Coast.

"North Kirra presents one of the most compelling luxury residential opportunities currently emerging in Australia, combining absolute beachfront with the character and authenticity that buyers are increasingly seeking, and the same sense of tight-knit community that defined Burleigh and Currumbin perhaps 10 or 15 years ago," Mould said.

"With Gold Coast Airport on its doorstep, it also offers a level of accessibility that broadens its appeal across almost every market demographic."

The project comes as the southern Gold Coast continues to attract an increasing share of high-end apartment development and buyer activity.

Kirra in particular has emerged as one of the region's more tightly held beachfront markets, with its relatively low-density character, established surf and hospitality scene and proximity to Gold Coast Airport differentiating it from the higher-density markets further north.

Mould said those characteristics had informed the approach MAYD and Cera Stribley had taken to the project.

"We've worked closely with Cera Stribley to create a vision that is deeply connected to its surroundings," he said.

"Inspired by the coastline itself, the architecture has been shaped around space, privacy and resort-style living, creating a collection of homes that reflects the next generation of luxury on the southern Gold Coast."

MOTIV Managing Director Carly Cottam, who has been appointed to market the project, said buyer attention had continued to move south along the Gold Coast.

"Purchasers who may once have defaulted to Broadbeach, Main Beach or Surfers Paradise are increasingly recognising the value of a genuine beachfront location that offers lower density, strong amenity and a more established sense of community," Cottam said.

"Kirra has a powerful combination of growing demand and genuine scarcity. Beachfront supply is inherently constrained, the area remains relatively low density, and buyers are increasingly placing a premium on locations that feel established, uncrowded and authentic rather than heavily developed."

Cottam said the proximity to Gold Coast Airport was also proving increasingly important for interstate and second-home buyers.

"Being minutes from Gold Coast Airport makes it particularly compelling for interstate buyers, frequent travellers and second-home purchasers who can access an authentic coastal lifestyle almost immediately after stepping off a flight."

The acquisition takes MAYD's active development portfolio to more than $500 million, with the North Kirra project representing one of its largest undertakings to date.

MAYD is targeting an early 2027 launch.

First look at MAYD's North Kirra mixed-use precinct

<main data-perf-region="main">
Castle Hill, the longtime hub of the Hills District, has been one of the major beneficiaries of Sydney's Metro expansion, with improved connectivity helping drive continued population growth, development and buyer demand across the Hills District.

But despite that growth, the suburb has seen relatively few major new apartment projects brought to market over the past 18 months.

Hills District developer Reve Group is looking to fill that gap with <a href="https://www.apartments.com.au/new-apartments/nova-r-ve-castle-hill-2-garthowen-crescent-castle-hill-nsw-2154">Nova Rêve</a>, a major new mixed-use precinct on the corner of Garthowen Crescent and Old Castle Hill Road, a short walk from Castle Hill Metro Station and Castle Towers.

[smartcode_project:default project_id=152737 project_image_fid=377679]

The project will comprise three residential towers alongside a hotel, restaurants, cafes and a skybar, more than 1,600 sqm of ground-floor retail and almost an acre of landscaped gardens.

It represents the largest project undertaken by Reve Group, the development arm of the Kassis family, which has been building across the Hills District for more than 30 years through Kassis Homes.

[smartcode_project:default project_id=152737 project_image_fid=377675]

Nova Rêve also represents a significant step up from the family's first apartment development, Grand Rêve, which was delivered nearby on Garthowen Crescent.

Grand Rêve introduced larger, house-like apartment layouts and premium inclusions including Wolf and Sub-Zero appliances to the Castle Hill market.

Nova Rêve takes that approach to a precinct scale, combining the residential component with hospitality, retail and substantial public and resident landscaping.

[smartcode_project:default project_id=152737 project_image_fid=377685]

Reve Group Managing Director Sam Kassis said the project reflected the family's three decades of building in the Hills, which has evolved from trophy homes on quarter-acre blocks to larger-scale apartment development.

"Grand Rêve was our first apartment project here and it showed us what this pocket of Castle Hill could be. Nova Rêve is the refinement of that idea: not just apartments, but a place the whole suburb can use," Kassis said.

A key part of that approach is the hotel, which has been designed to operate as an amenity for the wider Castle Hill community rather than solely hotel guests.

It will include restaurants, cafes, skybars and all-day dining, alongside conference and event facilities catering to business functions, community groups and private events.

At ground level, more than 1,600 sqm of shops and cafes will open onto the surrounding streets and landscaped areas.

Almost an acre of gardens designed by Land and Form Studios will run through the precinct, incorporating pathways, seating, barbecue areas and children's play spaces.

[smartcode_project:default project_id=152737 project_image_fid=377680]

Reve Group's Romio Georges said creating an active ground plane had been central to the planning of Nova Rêve.

"There are gardens with pathways, barbecues, seating and play areas, shops and cafes opening onto the street, and a hotel with restaurants and a skybar that anyone in Castle Hill can walk into," Georges said.

The project's elevated position on one of Sydney's highest ridgelines will also provide apartments with outlooks toward the Sydney skyline, surrounding parkland and the Blue Mountains.

More than 80 per cent of the apartments will occupy corner positions, with Turner responsible for both the architecture and interiors.

&nbsp;

[smartcode_project_cta:default project_id=152737]

<h3 data-end="3697" data-section-id="q3n5ak" data-start="3672">&nbsp;</h3>
</main>

Nova Rêve arrives as Reve Group bets on Castle Hill's next growth phase

Policy

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GUEST OBSERVATION
A key component of the <a href="https://fsi.gov.au/publications/final-report/">Financial System Inquiry</a> handed to Treasurer Joe Hockey this week was that “the financial system should be subject and responsive to market forces, including competition”. But on both market forces and competition, inquiry chair David Murray and his team squibbed it.
Much of the discussion of the Murray report in the financial press has been on the push back by the major banks against the inquiry’s insistence they hold more capital and properly account for the risks in mortgage lending. But the issue of the optimal structure of the Australian financial system, as opposed to its internal workings, was completely ignored.
Despite talk in Australia of coming “structural reforms”, Murray has set his face in stone against such reforms in the banking sector. And he’s not alone - the report points out that neither APRA nor the RBA nor the banking industry saw a strong case for such reforms.
“The Inquiry does not recommend pursuing industry-wide structural reforms such as ring-fencing. These measures can have high costs, and require changes for all institutions regardless of the institution-specific risks."
The inquiry did not consider the considerable risk-reduction benefits of reforms such as ring fencing as against the putative costs. Murray points out that although Australia did dodge the global financial crisis, it is not immune to “financial shock” and as a result the banking system must be made more resilient, hence the call for more capital. These were precisely the same arguments made for major structural reforms, such as <a href="https://faculty.london.edu/fmalherbe/overview.pdf">ring fencing</a> in the UK, and the “Volker rule” in the USA, but such arguments were dismissed in the Australian context.
Ring fencing, <a href="https://hmt-sanctions.s3.amazonaws.com/ICB%20final%20report/ICB%2520Final%2520Report%5B1%5D.pdf">recommended</a> by the UK Independent Commission on Banking in 2011, is often portrayed as cutting loose the investment banking cowboys but, in fact, it is a very sensible crisis management tool for bankers and regulators. As outlined by the Commission, and in the process of being <a href="https://www.gov.uk/government/policies/creating-stronger-and-safer-banks">implemented</a> by the UK government, certain banking functions, such as payments and deposit taking, would be designated as being “permitted” inside the ring fence, and everything else would be outside. It is like having a “safe” bank within a bank.
Four pillars distortions
The elephant in the room in Australian banking is the “four pillars” policy, which is the unwritten rule that the pillars (originally six but now the four major banks) cannot acquire one another. The policy is not without its critics. In response to the Wallis Inquiry, which recommended scrapping the policy for competition reasons, Peter Costello maintained the prohibition on local takeovers, but left the door open (very slightly) to international acquisitions.
The four pillars responded to this near-death experience by increasing their importance and, in the almost 15 years since Wallis, have acquired smaller banks, such as Westpac’s take-over of St. George. They also branched out to acquire retail super funds. In 2013, the superannuation subsidiaries acquired by the four pillars, such as BT and First State, were four of the top five retail funds by assets (one of the original pillars, AMP was first). But getting bigger does not mean getting better, as evidenced by the financial planning scandals facing some of the major banks.
The Murray inquiry took a diametrically opposed position to Wallis on the four pillars, with a somewhat bizarre argument for a free-market advocate: “To prevent further concentration, the longstanding ‘Four Pillars’ policy, which precludes mergers between the four major banks, should be preserved as outlined in the Interim Report.”
While the four pillars policy has been credited with helping Australia survive the global financial crisis, its impact is somewhat overrated as it relies on the argument that four CEOs cannot be as stupid as one or two - a fact that has been proven wrong elsewhere.
There are a number of questions that the FSI team failed to ask - “Why four pillars, why not two, three or six?” and “Why not international banks as part of the four/three or two?”
Too many branches
Australia is chronically over-banked. The latest <a href="https://www.apra.gov.au/adi/Publications/Documents/2014_PoP_PDF.pdf?WT.mc_id=1408POP-PDF">APRA statistics</a> show there are 69 firms with licenses as Authorised Deposit-taking Institutions (ADIs) with full service branches or other “face to face” customer contact operations. Between them, these ADIs operate 6,332 branches, which means there is a full service branch for every 3,650 people in Australia. It’s one service outlet for every 1,918 individuals if you count Australia Post (Bank@Post) stores. And there is one ATM for every 1,500 people, one Eftpos terminal for every 30 people.
With such overbanking and associated costs, how do Australian banks make such super profits? It can hardly be lack of competition as Murray believes, as there is competition a plenty. Fees of course are one answer, such as the <a href="https://www.propertyobserver.com.au/https://www.abc.net.au/news/2014-03-18/credit-card-surcharges-top-800-million/5327092">credit card surcharges</a> that have recently come under scrutiny, not least by the Murray report which recommends banning unnecessary surcharges.
But bank bashing is national sport and it is much harder to answer the question: “What should a modern banking system look like in Australia?” First of all – it should be modern!
This article continues on the next page. Please click below.
<hr class="system-pagebreak">
What a modern banking system looks like
The Murray inquiry makes great play of financial innovation, introducing concepts such as “crowdfunding” and “peer-to-peer lending”. These fashionable but largely irrelevant notions are little more than DIY advertising for someone to lend you money, a sort of banking dating site.
Surprisingly, the Murray report does not address one of the major disruptors in the Australian financial system – internet/mobile banking.
With 72% of online Australians and 35% of mobile phone customers using online/mobile banking, why are so many physical branches and banks needed - surely they will go the way of the corner shop? In future the competitors to the banks for payments, credit cards and insurance will not be other banks, but instead companies such as <a href="https://www.woolworthsmoney.com.au/wowm/wps/wcm/connect/WowMoney/WowMoney/Credit+Cards/">Woolworths</a> and <a href="https://www.abc.net.au/7.30/content/2014/s4062642.htm">Coles</a>.
In the US, JPMorgan Chase, one of the world’s largest banks, operates around 5,700 branches for some 70 million customer accounts. So technically, only one bank is needed to handle banking for Australia’s population of 23.1 million. Australian banks bring little innovation to banking, as they source the bulk of their technology from foreign suppliers and proven technology from one major bank could reduce costs considerably across the system.
The question of ownership and control is of course important. Having one bank, albeit as illustrious as JPMorgan, could be dangerous. But maybe two would be sufficient? One local to provide backup in the case that the other international bank failed?
What are the arguments for four pillars? None, other than status-quo.
The issue is not ownership nor the number of banks, it is regulation. If one of the banks was undoubtedly stronger than local banks could be, it would actually diversify the sector, which should reduce its riskiness overall.
But the Murray Inquiry did not consider how technology will radically change ordinary banking in the next decade, wasting the chance of making the structural reforms needed to adapt to such changes.
Pat McConnell is honorary fellow, Macquarie University Applied Finance Centre at Macquarie University.
<img src="https://counter.theconversation.edu.au/content/35244/count.gif" alt="The Conversation" width="1" height="1">This article was originally published on <a href="https://theconversation.com" target="_blank" style="line-height: 1.3em;">The Conversation</a>.
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po-LsXgBTHBmX

Murray inquiry not made for a future with fewer banks

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GUEST OBSERVATION
Asymmetry in financial markets means that one party has better information than another.  Generally this is for the advantage of the product promoter not the investor.  It is prevalent in the property investment markets which suffer from limitations in disclosure and advice.
Bold and incisive recommendations which will enhance disclosure and provision of advice have been made by the Financial System Inquiry (FSI) panel:
<ul>
<li>Mr David Murray AO (Chair)</li>
<li>Professor Kevin Davis</li>
<li>Mr Craig Dunn</li>
<li>Ms Carolyn Hewson AO</li>
<li>Dr Brian McNamee AO</li>
</ul>
A persistent theme in submissions was limitations of financial advisers.
The panel advocates a single regulator for conduct and disclosure in financial services.  The proposed Corporation and Financial Services Commission will have the task of ensuring consistent and comprehensive disclosure by all participants including managers and advisers in the property investment markets.
Facilitation, not discouragement, of new exchange markets for property equity investments will be part of the brief of the CFSC.  A single exchange regime is recommended with the CSFC having authority to approve a new financial market which is fair and efficient.  An exchange focused on property investment vehicles becomes feasible.
Among the comprehensive proposed responsibilities of the CFSC is regulatory market conduct which will promote orderly and efficient price discovery, trading and settlement.  In an environment of new information technology the regulations must keep up with the emergence of new means of delivery such as crowd funding for investment products including property funds.
Opaque markets will be eliminated by a regime requiring high standards of disclosure.  A retreat from intensive prudential regulation to market conduct and disclosure is proposed.
An essential component of enhanced property fund markets is an efficient clearing system and structure.  Authorisation and oversight of clearing houses for clearing and settlement of transactions would be a responsibility of the CFSC.  An integral component of enhanced liquidity of private markets in property would result if a centralised clearing system for all property funds emerges from this recommendation.
Greater transparency in property investment markets through reduction in asymmetry would result from implementation of the recommendations of the Financial System Inquiry panel regarding conduct and disclosure by property investment managers and advisers.
Ken Atchison is managing director of <a href="https://atchison.com.au/" target="_blank">Atchison Consultants</a>.
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katchison-p6oi8fSFSF

Efficient clearing system and structure essential to enhance property fund market

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Construction companies could be fined up to $22,000 if they don't comply with a new cash retention trust scheme in New South Wales.
New South Wales will soon become the first state in Australia to require construction companies to hold retention money in trust funds to pay subcontractors.
Usually, the contractor holds a portion of the subcontractor's payments until the work is completed. The new scheme will attempt to stop contractors from using that money for other purposes or withholding it from subcontractors if they become insolvent.
NSW Fair Trading Minister Matthew Mason-Cox says Fair Trading will be looking over audit reports to make sure head contractors are holding retention money in their own accounts.
In addition to fines, the NSW government will also consider making company directors personally liable for any breaches of responsibility for the trust accounts.
"This will end the widespread industry practice of using subcontractors' trust money for the head contractor's working capital purposes," says Mason-Cox.
"At the end of the day, this money belongs to subcontractors and it's about time it was protected as such.
"This principle underpins the proposed retention trust scheme and is widely supported by industry.''
The changes, initially applying to contractors for projects valued above $20 million, are part of the government's response to Collins Inquiry into Construction Industry Insolvency.
"While most builders do the right thing and pay their subcontractors on time, we need to protect subcontractors' retention money if a construction company collapses,'' he explains.
According to Mason-Cox, the government will next year begin a full review of the Security of Payment Act.
Building is a $40 billion industry in New South Wales.
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jrichardson-uRX5hFdKfN

NSW subcontractors to get greater protection against builder collapse

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<h3>GUEST OBSERVATION</h3>
Labor’s state election victory in Victoria has fatally undermined Melbourne’s most controversial tunnel, the now-doomed <a href="https://www.linkingmelbourne.vic.gov.au/east-west-link" target="_blank">East-West Link</a>, with new Premier Daniel Andrews pledging to rip up the contracts for the project.
His decision is a victory for anyone who values 21st-century urban thinking over the outdated car-first mentality.
It’s also a financial relief, because – as the project’s back story shows – the East-West Link was always more about politics than economics.
<h3>Courting cars</h3>
For many years, the only groups calling for a tunnel to link Melbourne’s Eastern and Citylink freeways were the <a href="https://www.racv.com.au/wps/wcm/connect/racv/Internet/Primary/home" target="_blank">RAC of Victoria</a> and <a href="https://www.vicroads.vic.gov.au/" target="_blank">VicRoads</a>. The problem was that the tunnel never made economic sense when it was just a freight project, yet most attention in the transport planning system was on public transport, where demand was growing rapidly. The East-West tunnel needed a large dose of cars to justify it.
Enter Tony Abbott, who <a href="https://www.smh.com.au/federal-politics/federal-election-2013/tollfree-eastwest-link-preferable-tony-abbott-20130902-2t0ff" target="_blank">pledged A$1.5 billion</a> before last year’s <a href="https://theconversation.com/au/topics/federal-election-2013">federal election</a> for the East-West plan, arguing that Australians love their cars and public transport was not in his federal knitting.
The East-West project grew in concept and soon became a massive capital cost, with the price tag for the whole plan, including the western extension to Melbourne’s port, threatening to <a href="https://www.theage.com.au/victoria/state-budget-2014-major-road-and-rail-projects-worth-24b-to-transform-melbourne-20140506-zr5mj">hit A$10 billion</a> and swamp the transport budget.
Meanwhile, in the waning days of the first <a href="https://www.infrastructureaustralia.gov.au" target="_blank">Infrastructure Australia</a> (on which I was privileged to serve for four years), it became obvious that the East-West tunnel and Sydney’s <a href="https://www.westconnex.com.au" target="_blank">WestConnex</a> would never be subject to the scrutiny of our process. They were to be seen as purely political projects and the case for their going ahead would depend on their popularity, not on value for money.
<h3>Why tunnelling Melbourne was a bad idea</h3>
The old shibboleth that building roads is vital for improving the economy is no longer true. Economic growth has divorced itself from car dependence (my new book with <a href="https://theconversation.com/profiles/jeff-kenworthy-15708" target="_blank">Jeff Kenworthy</a>, <a href="https://www.bibliovault.org/BV.book.epl?ISBN=9781610914635" target="_blank">The End of Automobile Dependence</a>, traces the fall of the empire of car-based planning).
Growth in the Victorian and Australian economies now depends on the growth in “knowledge economy” jobs. These jobs at the creative, productive, innovative edge of our economy are now firmly enmeshed in the dense centres of our cities.
As the US urban economists Ed Glaeser and Richard Florida have <a href="https://blog.ted.com/2012/02/29/cities-ed-glaeser-at-ted2012" target="_blank">shown</a>, the knowledge economy depends on close interactions between creative people and those who can deliver projects. This work requires intensive spaces in cities, which in turn need intensive modes of transport to enable them. This means that rail, cycling and walking are critical to the knowledge economy. Although heavily into digital communications, knowledge economy workers need face-to-face contact and are now shifting back into central and inner city locations to optimise this process.
In contrast, cars and trucks are dispersive modes of transport, and are needed for the consumption economy. These jobs are important too, but are essentially based in the dispersed spaces of the suburbs. These jobs are not the ones we are seeking as much as those in the knowledge economy, because they do not drive productivity growth as effectively.
It is no wonder that around the world, we are seeing <a href="https://www.scirp.org/journal/PaperInformation.aspx?PaperID=38472#.VH1FI2SUdgA" target="_parent">declining car use per capita and growing public transport use</a>, as well as a widespread return to formerly neglected inner cities.
The six most walkable US cities have <a href="https://urbanful.org/2014/06/20/walkable-cities/" target="_blank">38% higher gross domestic product than the national average</a>. Cities now compete on new measures such as <a href="https://www.nytimes.com/2012/05/27/opinion/sunday/now-coveted-a-walkable-convenient-place?_r=0" target="_blank">walkability</a> and <a href="https://www.livablecities.org/blog/value-rankings-and-meaning-livability" target="_blank">livability</a>. Governments everywhere are aiming to build quality rail projects and make city centres more human in scale. Even <a href="https://www.canberratimes.com.au/act-news/canberras-780m-light-rail-line-gets-final-go-ahead-business-case-to-be-released-20140915-10gzr3">Canberra</a> and <a href="https://www.parracity.nsw.gov.au/work/business_in_parramatta/strategy/solving_transport_problems/light_rail_for_western_sydney">Paramatta</a> are joining in, as they work out how to build light rail.
Melbourne has one of the most attractive city centres in the world for knowledge economy jobs. It needs to ensure that this is not lost by tipping more cars into its walkable centre. Instead it needs to encourage commuting by rail, bike and on foot.
<h3>Change in the air</h3>
Victoria’s people have now spoken. The East-West Link will be scrapped, and should be replaced by more sensible transport planning. Melbourne does need to improve east-west access for people and freight, but it should not be beyond us to find some solutions that do not break the bank.
Clearly there are plans for upgrading rail access through several proposed rail projects, including the <a href="https://www.propertyobserver.com.au/https://www.abc.net.au/news/2014-11-19/melbourne-rail-a-better-deal-than-east-west-toll-planners-say/5902268" target="_blank">original Melbourne Metro plan</a>, and the <a href="https://ptv.vic.gov.au/assets/PTV/PTV%20docs/Melbourne-Airport/Melbourne-Airport-Rail-Link-Study-Overview.pdf" target="_parent">Airport Rail Link</a>. <a href="https://ptv.vic.gov.au/projects/rail-projects/doncaster-rail-study" target="_blank">Doncaster Rail</a> should remain on the table, hopefully not for another 100 years, as it is a simple and direct way to move passengers east-west.
The freight system seems to be amenable to much simpler concepts than the East-West Tunnel, like those <a href="https://habitattrustmelbourne.org.au" target="_blank">presented by the Habitat Trust</a>, using several inland rail interchange facilities.
The <a href="https://www.propertyobserver.com.au/https://www.thefifthestate.com.au/spinifex/bays-precinct-five-principles-emerge-from-summit/69895">same principles</a> should lead New South Wales to modify the Connex West project, especially where it spills traffic into Sydney’s central and inner areas. Such traffic “solutions” actually harm the economy of inner urban areas, burying investment opportunities under bitumen for parking and road-widening, and congesting areas that already have too many cars.
The public can sense that we have to update the way we travel and how we build cities so they are not car-dependent. The road-building brigade needs to take a deep breath and see that their plans are old-fashioned. Perhaps the legacy of the East-West Tunnel will be that such projects will never again be foisted on the Australian public.
<img src="https://counter.theconversation.edu.au/content/34914/count.gif" alt="The Conversation" width="1" height="1">Peter Newman is professor of sustainability at Curtin University.
This article was originally published on <a href="https://theconversation.com" target="_blank">The Conversation</a>.
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The East-West Link is dead – a victory for 21st-century thinking

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The Victorian Greens are the only party that have committed to a review of the retirement housing sector in the next political term.
Ahead of this weekend's state election, the Consumer Action Law Centre has been lobbying political parties to commit to a review of the Retirement Villages Act 2010 and retirement housing sector more generally.
According to the Consumer Action Law Centre, the major parties are yet to promise any reform or review of retirement housing policy. Neither Victorian Labor nor Liberal have advertised any policies regarding retirement housing ahead of the election.
The Greens, however, have promised to launch a parliamentary inquiry into the housing retirement sector and act on subsequent recommendations.
They claim their actions will "ensure older people are not ripped off".
"The Greens will act on the recommendations of the inquiry to reform retirement housing legislation to ensure it reflects the diversity of retirement housing types and includes proper consumer protections, dispute resolution procedures, fair pricing, and consistent, simplified management standards and regulations across the sector", states the <a href="https://greens.org.au/vic" target="_blank">Victorian Greens website</a>.
The Consumer Action Law Centre claims current retirement housing practices include "overly complex contract terms and unfair fee structures".
Denise Boyd, director of Policy and Campaigns at Consumer Action, said: "We've heard from residents who'd chosen certain retirement accommodation because it offered stability for their later years. But, in fact, many contracts include deferred management fees of up to 40% of the total cost. Hiding the cost of accommodation in high fees to be paid upon departure is unfair – these costs can surprise family members or limit aged care options when leaving the retirement accommodation."
She also said the centre has seen contracts requiring residents to pay for capital improvements when they leave their rented retirement accommodation.
"Refreshing the properties is reasonable, but this is being used by village owners to charge departing residents upwards of $50,000 for entirely new kitchens and bathrooms," said Boyd.
"These are capital works, not refurbishment, and should be paid for by the owners, not residents."
According to Boyd, personal briefings with Liberal and Labor Party members did not result in any commitments to improve the sector after the election.
"This issue affects thousands of Victorian voters and we'd hoped all parties would make clear statements of intent to sort out this unacceptable and unfair situation," she said.
 
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Victorian Greens commit to retirement housing review ahead of state election

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GUEST OBSERVATION
<a href="https://www.treasury.gov.au/ConsultationsandReviews/Consultations/2014/ILRB-2014" target="_blank">Proposed laws</a> to reform the insolvency industry are long overdue. Under the changes, liquidators will require a licence and creditors will be able to remove poorly performing practitioners. The reforms aim to improve consumer confidence in an area that has been <a href="https://www.afr.com/p/business/companies/keeping_the_liquidators_honest_uohZ6UPQRtS9XIQAilJzDP" target="_blank">plagued with controversy</a>. However, they still fail to meet the need for transparency around corporate insolvencies.
The industry already has a chequered history when it comes to attempted reform. Proposed changes stalled last year. Regulation of the industry has been the subject of <a href="https://www.ntu.ac.uk/nls/research/insolvency_journal/previous_editions/index" target="_blank">eight major reviews and inquiries</a> over the last 25 years.
In 1998 the <a href="https://www.alrc.gov.au/report-45" target="_blank">Harmer Report</a> outlined the shortcomings of the regulatory system governing insolvency practitioners. It cited failures within the industry to respond quickly to complaints against practitioners. Other criticisms included a lack of established professional conduct standards and ethics.
Practitioners' remuneration levels were also not determined nor reviewed by an industry board. Rather the market was relied upon to set reasonable fees.
Although a professional code of conduct now exists 25 years later, the same criticisms can still be made today. Successive reviews have made <a href="https://www.ntu.ac.uk/nls/research/insolvency_journal/previous_editions/index" target="_blank">similar recommendations</a> to tackle these shortcomings. Most of them still have not been implemented. The result is the insolvency industry is open to criticism of over-servicing, excessive fees and self-interest.
The largest 13 insolvency firms <a href="https://www.bankruptcy.net.au/docs/Senate%20report%20September%202010.pdf" target="_blank">comprise 39% of the market</a>. They may be more deserving of, but better able to deal with, such criticisms than smaller individual practitioners, which represent 29% of the market.
<h3>The industry overhaul</h3>
The planned changes aim to remove unnecessary costs from the insolvency industry. This should result in around $55.4 million per year in compliance cost savings. Submissions on these changes are due in late December.
Under what has been dubbed as a “user pays” system, they require liquidators to be licensed and to undergo continuing education. The result is the government can reap big fees in exchange for licences.
Registration must be renewed every three years. For this to occur, written evidence of adequate professional indemnity insurance and compliance with continuing professional education conditions must be provided. The circumstances where registration may be cancelled or suspended have been widened. These include any offence conviction involving fraud or dishonesty.
There have been highly publicised accounts of poorly behaving liquidators. <a href="https://www.propertyobserver.com.au/https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2009/829?stem=0&amp;synonyms=0&amp;query=Ariff" target="_blank">Stuart Ariff</a>, who is serving a six-year jail sentence, provides the most notorious example. However, the Ariff case is considered exceptional and not reflective of the majority of insolvency practitioners.
A lack of licensing within the industry has not led to an increase in the number of badly performing insolvency practitioners. Rather, its absence has meant the small number of dishonest practitioners remains undetected. Licensing will increase public confidence in the industry.
Where creditors are unhappy with the performance of a liquidator, they will be able to remove that practitioner and appoint another. To do so, the majority of creditors in number and value must pass a resolution at a creditors’ meeting. No particular grounds for removal are required.
However, the former administrator may apply to the court to be re-appointed. The court may re-appoint the administrator if it is satisfied the removal was improper.
<h3>Increasing consumer confidence</h3>
These changes finally act on the unanswered criticisms of the Harmer Report. The regulation of personal and corporate insolvency regimes will now be consistent.
This will cut compliance costs across the industry. A system of licensing will maintain educational standards and experience. So does the ability to cancel or suspend licences. These measures increase consumer confidence in the professionalism and competence of the industry.
Yet more can be done. More public education about a liquidator’s role and the nature of the work is needed.
The changes also fail to address a common theme in previous reviews: there is no adequate and publicly available corporate insolvency data. This information is needed for effective policy making, public debate, regulation implementation and ongoing review. It is imperative that such data be independently collected, maintained and available to the public free of charge.
<img src="https://counter.theconversation.edu.au/content/33888/count.gif" alt="The Conversation" width="1" height="1">Jennifer Dickfos is lecturer in business law and corporations law at <a href="https://www.griffith.edu.au/" target="_blank" style="line-height: 1.3em;">Griffith University</a>.
This article was originally published on <a href="https://theconversation.com" style="line-height: 1.3em;">The Conversation</a>.
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JenniferDickfos-EWaQAER27W

Chasing money: Why the insolvency industry needs reform

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GUEST OBSERVATION
Victorians will soon go to the polls to decide who will be responsible for the management of the state for the next four years. Voters are confronted with many issues on which they must pass judgement, with roads, railways and ports all prominent in the debate. But what are the key characteristics of the Victorian economy?
Economic modelling at Victoria University’s Centre of Policy Studies tells us about the types of jobs Victorians can expect to be doing over the next few years. The Victorian economy employs around 2.9 million people. In line with growth in both the population and the economy, this is set to increase by around 300,000 people by 2020.
<h3>Which industries are winning</h3>
In Victoria, as in Australia as a whole, the vast majority of jobs are in the service industries. This is a diverse group of industries including (but not limited to) retail trade, health and social assistance, professional and technical services, transport and warehousing and public administration and safety. The non-service industries – agriculture, mining, manufacturing, utilities and construction – comprise just below 23% of jobs in Victoria. For the remainder of this decade, the proportion of jobs in service industries will increase only slightly, to almost 78% of jobs by 2020.
At a more detailed level, greater change is revealed. As the construction phase of the mining boom draws to an end, employment in the construction industry will fall from its present level of 8.5% of jobs to just 7% of jobs in 2020. This partly reflects the transitory impact the mining boom has had on the construction sector. The “release” of many construction workers into the economy over the next couple of years could be a boon to major government-backed infrastructure projects.
Construction is the only sector in which employment is forecast to fall. Manufacturing, agriculture and transport and warehousing are forecast to expand, more than compensating for the fall in construction activity. These sectors have a similar skills profile to construction, employing relatively large proportions of workers with no post-school qualifications or Certificate I-IV level qualifications.
<h3>Manufacturing surprise</h3>
The positive forecast for manufacturing may seem surprising, given the high-profile announcements of closures of the last motor vehicle manufacturing plants in Victoria. Manufacturing in Victoria employs around 270,000 people, of which 10% work in the motor vehicle and parts sector.
On the whole, manufacturing is a very trade-exposed activity. Products are either exported (for example, processed food products, wine and pharmaceuticals) or they compete against imports in the domestic market (for example, textiles, pharmaceuticals, motor vehicles and various types of appliances). Because of this, movements in the exchange rate have a very significant impact on manufacturing. Throughout the “boom” years, with the exchange rate very high, manufacturing has been uncompetitive, a phenomenon known as “Dutch Disease”. Motor vehicle manufacturing has been a conspicuous casualty.
<a href="https://62e528761d0685343e1c-f3d1b99a743ffa4142d9d7f1978d9686.ssl.cf2.rackcdn.com/files/65351/area14mp/image-20141124-19612-16ii7uc.png"><img src="https://62e528761d0685343e1c-f3d1b99a743ffa4142d9d7f1978d9686.ssl.cf2.rackcdn.com/files/65351/width668/image-20141124-19612-16ii7uc.png" alt=""></a>
As the boom unwinds, the effects of Dutch Disease will also unwind. A large fall in the Australian dollar will revive the competitiveness of manufacturing, more than compensating for the loss of the motor vehicle plants. Export-oriented sectors like agriculture and education will also benefit from a fall in the Australian dollar.
The professional and technical services sector is forecast to expand the most, gaining 44,000 jobs by 2020. This sector includes activities such as legal and accounting services, architectural, engineering and technical services, and computer services.
Almost half of all people working in professional and technical services hold a bachelor degree or higher qualification. By 2020, this is estimated to have grown to 53% of people working in the sector. In Victoria as a whole, 28% of people employed hold at least a bachelor degree.
Another significant source of employment growth is the health and social assistance sector. Although only <a href="https://theconversation.com/australias-g20-growth-challenge-protecting-our-standard-of-living-33837" target="_blank">weak growth is forecast for domestic incomes</a>, leading to weak growth in domestic demand, health and social assistance is a significant expenditure item for older Australians. While the average household spends just over 5% of their budget on medical care and health expenses, households where the reference person is aged over 65 spend almost 10%. Government spending on health care will also increase as the population ages.
This article continues on the next page. Please click below.
<hr class="system-pagebreak">
<h3>State of the regions</h3>
Melbourne accounts for 75% of employment in Victoria. Two-thirds of growth in Melbourne will be concentrated in five sectors: professional and technical services, manufacturing, health and social assistance, transport and warehousing, and education and training.
Differences in the underlying structures of regional economies mean that overall performance is varied.
For example, in Barwon, an area including the regional city of Geelong, the manufacturing sector has a relatively large representation of motor vehicle manufacturing. As a result, Barwon’s manufacturing sector is forecast to grow more slowly than the state average, and Barwon is forecast to be the slowest-growing regional economy. However, for the reasons given above, growth is still positive in Barwon manufacturing.
Strong forecast growth in the agriculture sector is the main contributor to growth in several regional economies. In the Wimmera, Western Districts, the Mallee, Goulbourn, East Gippsland, Gippsland and Ovens-Murray, growth in agriculture will contribute between 20% and 50% of regional employment growth.
In the Wimmera, the Mallee and the Western Districts, the agriculture sector currently accounts for a fifth of jobs. However, the Wimmera and the Western Districts are the regions with the highest forecast growth rates, while the Mallee is one of the slowest. Although all agricultural economies, the nature of agriculture in these regions is quite different. The strongly growing agricultural activities sheep, beef, grains and dairy are well represented in the Wimmera and Western Districts. However, Mallee agriculture includes a sizable portion of fruit growing, an activity with a relatively low growth forecast.
<a href="https://62e528761d0685343e1c-f3d1b99a743ffa4142d9d7f1978d9686.ssl.cf2.rackcdn.com/files/65326/area14mp/image-20141124-19627-10m4ak0.png"><img src="https://62e528761d0685343e1c-f3d1b99a743ffa4142d9d7f1978d9686.ssl.cf2.rackcdn.com/files/65326/width668/image-20141124-19627-10m4ak0.png" alt=""></a>
Agriculture is relatively less important in the economies of the Central Highlands (including Ballarat) and Loddon (including Bendigo). While agriculture will account for around 10% of employment growth in these regions, health, education and manufacturing are forecast to be of greater significance, accounting for around 40% of growth in employment.
<img src="https://counter.theconversation.edu.au/content/33831/count.gif" alt="The Conversation" width="1" height="1">Janine Dixon is senior research fellow at <a href="https://www.vu.edu.au/" target="_blank" style="line-height: 1.3em;">Victoria University</a>.
This article was originally published on <a href="https://theconversation.com">The Conversation</a>.
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JanineDixon-cHemc6fRVX

Victoria votes: Where will the growth and jobs of the future be?

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GUEST OBSERVATION
Last week brought the latest instalment in the continuing Australian financial planning industry saga. Senators Jacqui Lambie and Ricky Muir blocked the Abbott government’s <a href="https://www.comlaw.gov.au/Details/F2014L00891/Explanatory%20Statement/Text" target="_blank">rollback</a> of some of Labor’s Future of Financial Advice (FoFA) reforms.
The proposed changes to FoFA watered down some of its more controversial aspects. They included the provisions establishing a “best interests” duty for financial planners and restrictions on conflicted remuneration. Other rollbacks included changes that required fee disclosure statements and the obligation for clients paying ongoing fees to “opt in” by written consent every two years.
The Abbott government maintained the reforms were merely to streamline regulation, prompted by the need to reduce bureaucracy and red tape. However, the recent and continuing <a href="https://www.smh.com.au/business/timbercorp-victims-set-to-sue-financial-planners-while-liquidator-presses-for-loans-to-be-repaid-20140810-102gco" target="_blank">financial planning scandals</a> made such streamlining politically unsustainable.
So we are back to Labor’s original FoFA legislation. But where does this leave the financial planning industry and the thousands of Australians in need of financial advice?
There are claims within the financial planning industry the blocking of the regulation will cause further <a href="https://www.theage.com.au/business/banking-and-finance/fofa-reforms-senate-shock-spurs-financial-adviser-scramble-20141119-11q2te">instability</a>. This is as firms scramble to meet the FoFA requirements, particularly those relating to fee disclosure and opt in obligations.
Yet FoFA has been law since 1 July 2013, so it is difficult at first glance to understand why the blocked rollback would significantly impact the industry.
It seems that large sections of the industry have been operating on the basis the coalition’s FoFA rollback changes would become law.
It is a view reflected by the Australian Securities and Investments Commission. It <a href="https://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2013-releases/13-355mr-asic-update-on-fofa/" target="_blank">said</a> in December 2013 it would take a “facilitative” approach to FoFA enforcement in light of the proposed changes and would “not take enforcement action in relation to the specific FoFA provisions that the government is planning to repeal”.
After the reforms were disallowed in the Senate, ASIC said this week it would take a “<a href="https://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2014-releases/14-307mr-disallowance-of-fofa-regulations/" target="_blank">practical and measured approach</a>” to administering FoFA as it now stands. The regulator says it recognises that compliance with FoFA will require systems changes for many Australian financial services licensees. This facilitative approach to FoFA compliance will continue until 1 July 2015.
It seems unlikely there is any need for panic within the industry as there is still some time before ASIC will enforce FOFA compliance. Nonetheless, those licensees who deferred making costly system changes in line with Labor’s legislation may now find themselves having to make those changes rapidly in a highly uncertain regulatory environment.
In the long run, this situation is likely to lead to less affordable financial advice for Australian consumers.
Despite the reform rollback not going ahead, there still isn’t an easy solution for the financial advice industry. The unchanged legislation now retains greater consumer protection. But it does <a href="https://www.theage.com.au/business/comment-and-analysis/fofa-doesnt-clean-up-the-financial-advice-minefield-20141121-11riwk" target="_blank">little to address </a>what many regard as the fundamental cause of the poor reputation of the Australian financial planning industry – the need to raise the professional, ethical and educational standards of financial advisers.
While consumers will get some greater level of protection through increased fee disclosure, this comes at a price. This protection also relies on consumers taking the time to read and understand the disclosures made by their financial planners. Financial planners can continue to give poor quality advice. What will change is increased upfront fees and greater disclosure around these fees resulting in higher costs. There will be less scope for scaled advice which was part of the Abbott government reforms.
FoFA still fails to set educational or professional standards for financial planners. Until industry entry standards are lifted, FoFA will not deliver accessible financial advice for the Australians who need it.
Absent an urgent rethink by the Abbott government on FoFA, after last week’s events it seems the goal of access to affordable and trustworthy financial advice for Australian consumers is more elusive than ever.
<img src="https://counter.theconversation.edu.au/content/34486/count.gif" alt="The Conversation" width="1" height="1">Julie Walker is associate professor in accounting at The University of Queensland.
<a href="https://theconversation.com/institutions/university-of-queensland"></a>
Julie Walker has previously received research funding from the Institute of Chartered Accountants in Australia. She is affiliated with Chartered Accountants Australia New Zealand.
This article was originally published on <a href="https://theconversation.com" target="_blank">The Conversation</a>.
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FoFA fiasco: No quick fix for the advice industry

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The financial planning industry has been thrown into turmoil and the Abbott government has been dealt another blow, after a group of rebel senators last night banded together to disallow the government’s changes to the Freedom of Financial Advice regime.
The group, which calls itself the ‘Coalition of Common Sense’, was led by Labor senator Sam Dastyari and independent senator Nick Xenophon, and included defecting Palmer United Palmer senator Jacqui Lambie and Motoring Enthusiasts Party senator Ricky Muir.
They joined together to disallow the Abbott government’s proposed changes to the previous Labor government's FoFA laws, which had been <a href="https://www.smartcompany.com.au/finance/42838-palmer-deal-means-watered-down-future-of-financial-advice-reforms-will-proceed" target="_blank">watered down by a deal struck with Clive Palmer in July</a>.
The effect will be a return to Labor’s 2012 laws.
Lambie and Muir revealed they were not comfortable with the deal cut by Palmer, believing it diluted reforms needed to the industry. Lambie and Muir both said they were further convinced after hearing from victims of the Timbercorp financial scandal.
In a speech, Lambie said she regretted obliging to the July deal. “Sometimes when you make a wrong, you have to go back in there and make it right. And that's exactly what I'm doing now,” she said.
The ‘Coalition of Common Sense’ has not ruled out banding together to vote on other issues, indicating the Abbott government may face further difficulties when dealings with the senate.
<a href="https://www.smartcompany.com.au/legal/politics/41230-government-puts-future-of-financial-advice-reforms-on-ice" target="_blank">The FoFA reforms</a> were introduced by the former Labor government and were designed to protect consumers from financial planning fraud.
The laws originally set out to ban advisers from commissioning for financial advice, requiring them to ask clients whether they wish to continue receiving their service every two years and to act in the best interests of their clients.
In July, the Abbott government moved to water down what it termed the “burdensome” reforms and announced many of the changes would be made by regulation not legislation. But regulation can be cancelled by a disallowance motion through parliament.
The disallowance has left the financial planning industry uncertain about the future of laws governing financial advice.
To revert back to Labor’s laws, financial planners will face a number of strict new laws when dealing with clients. These include:
<ul>
<li>Customers will have to ‘opt in’ to receiving ongoing advice, with financial advisers having to obtain written consent every two years;</li>
<li>Stronger laws around the disclosure of fees;</li>
<li>Advisers will have to act under a broad ‘best interest duty’ towards their clients, considering all aspects of their best interest; and</li>
<li>An end to ‘grandfathering’, which allowed advisers to continue to receive commissions from existing clients.</li>
</ul>
John Brogden, chief executive of the Financial Services Council, said in a statement the consequences will be far-reaching.
“Overturning the FoFA regulations at the eleventh hour will do more harm than good,” Brogden said.
“The industry has been working under the current FoFA arrangements since 1 July. To turn around and just throw them out is irresponsible.”
Paul Stark, head of financial services operations at Crowe Horwath,said Crowe Horwath has been supportive of FoFA reforms to improve the industry but the continued uncertainty through the parliamentary process was frustrating.
“It makes it hard to plan with uncertainty,” says Stark. “It also takes resources and time.”
Stark says most of the impact will be at an operational level. He gave the example of Crowe Horwath’s fee disclosure statements, which he said were built when the Labour government’s reforms came into place and then subsequently changed in July.
“We built a process, and then we had to redefine it, now we have to go back and revisit and reintegrate those process we’d set up 12 months ago,” he says.
Stark says in his experience, most clients do not value fee disclosure documents or opt-in measures.
“Does it really impact the clients? It hasn’t, in any material way, in my experience,” he says.
Stark says he wants more certainty and for the issue to be brought to a final close.
“We would like for it to be brought to a conclusion and get on with what we need to do to continue to improve the industry,” he says.
This article first appeared on SmartCompany.
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krobb-aCrRNnPq6D

Senate scraps FoFA changes as financial planners plead for certainty

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New South Wales home owners' rights to claim compensation for structural defects in their home will be reduced after legislative changes that will soon take effect.
Currently, the NSW government grants a six-year warranty for "structural defects" made by developers or builders. The warranty now only covers "major defects", which the government defines as those that cause "the inability to inhabit or use the building (or part of the building) for its intended purpose," or "the destruction of the building or any part of the building" or "a threat of collapse" of the building or any of its parts.
Some speculate that the downgraded scope of the warranty will result in only a two year warranty being granted for many defects which were previously covered for six years.
According to David Bannerman of Bannerman Lawyers, the changes will mean home owners will no longer be compensated for issues such as external cracking, reducing costs for the government.
"The relief to the Government coffers should be immediate, because it has taken the extraordinary step of making many of the amendments, including the change from 'structural' to 'major' defects, retrospective," claimed Bannerman.
The changes introduced in the Home Building Amendment Act 2014 are likely to come into effect on 1 December.
For home owners who wish to make claims for building defects made within the past six years, Bannerman advised they take the following action before 1 December:
<ol>
<li>Commence legal proceedings against the builder or developer responsible for their home, where there is an available action for breach of the warranties (i.e. building defects), or</li>
<li>Where the circumstances and policy terms allow, lodge a claim with the home owner's warranty insurer.</li>
</ol>
Source: Bannerman Lawyers
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