<a href="https://www.apartments.com.au/developers/s-p-setia">SP Setia</a> has lodged plans for a $750 million, three-tower mixed-use precinct that would complete the long-running redevelopment of Carlton's former Carlton United Breweries site.

The proposal at <a href="https://www.apartments.com.au/new-apartments/185-195-queensberry-street-carlton-vic-3053">46-78 Bouverie Street and 185-195 Queensberry Street</a> spans a 6,468 sqm site, the last remaining undeveloped parcels within the former brewery's 2007 masterplan.

Designed by <a href="https://www.apartments.com.au/architects/cox-architecture">COX Architecture</a>, the development will comprise two purpose-built student accommodation towers and a third build-to-sell apartment tower above a shared commercial podium and basement.

Across the three towers, SP Setia is proposing 606 build-to-sell apartments and 1,499 student accommodation units containing 2,009 beds.

The apartments will sit in the tallest tower, which will rise nearly 200m and 55 storeys. It will become&nbsp;one of the more substantial new build-to-sell apartment projects at the northern edge of Melbourne's CBD.

The apartment mix is weighted toward smaller inner-city product, with 188 studios, 206 one-bedroom apartments, 192 two-bedroom apartments and 20 three-bedroom apartments

<img alt="First look: SP Setia plans three-tower finale for Carlton’s former CUB precinct" data-entity-type="file" data-entity-uuid="8271bc87-1b0a-41b7-ac73-a425ee375261" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/3_2.png?VersionId=G4lw23o90B1boX4k4dj7rdz2ZEajS9wy" />

Part of the precinct will be a large-scale&nbsp;3,684 sqm supermarket and a further 2,198 sqm of speciality retail, creating close to 5,900 sqm of new commercial space within the precinct.

But one of the biggest components of the proposal is what sits between the buildings.

Around 4,650 sqm, or roughly 72 per cent of the site, will be publicly accessible open space, incorporating plazas, pedestrian connections, landscaped laneways and retail spill-out areas.

The ground plane is intended to finally complete pedestrian connections envisaged when the CUB masterplan was first approved nearly two decades ago, stitching together Victoria Street, Queensberry Street, Bouverie Street and Swanston Street through the former brewery precinct.

Urbis said the development would "complete the CUB precinct", with the public realm providing important north-south and east-west connections through what is currently the final undeveloped portion of the masterplanned site.

SP Setia is also exploring a new linear park within the Bouverie Street road reserve, with the concept to be developed further with the City of Melbourne through the planning process.

The proposal is being pursued through the Victorian Government's Development Facilitation Program under Clause 53.23 for significant residential development with affordable housing.

The planning report acknowledges the proposed heights exceed those contemplated under the original Comprehensive Development Plan and masterplan, but argues the built-form context has changed considerably over the past two decades.

Urbis said the three towers would instead create a stepped transition between Carlton and the Hoddle Grid, rising progressively from the 94.1-metre Tower One along the Queensberry Street edge to the 199.44-metre Tower Three closer to the established CBD-scale buildings to the south.

<img alt="SP Setia" data-entity-type="file" data-entity-uuid="e885a07a-592c-40fc-bf82-e6dbaf32da54" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.52.24%E2%80%AFAM.png?VersionId=7s_ErUkSKAdY1mAWp3GRZgMNCGtwhk5m" />

SP Setia plans to deliver the development across three stages.

Stage One would deliver the basement, podium and retail areas for the entire precinct alongside the first student tower. Tower Two would follow in Stage Two, before the 606-apartment Tower Three is delivered as the final stage.

If approved and delivered, the project would close out a redevelopment process that has been underway since the former brewery masterplan was approved in 2007, adding more than 2,600 student beds and apartments to a precinct already home to Swanston Central, the Barak Building, RMIT Design Hub and several large student accommodation developments.

&nbsp;

&nbsp;

Joel Robinson

SP Setia plans three-tower finale for Carlton’s former CUB precinct

Melbourne developer Lowe Living is seeking to add to its growing bayside apartment pipeline, filing plans for a boutique eight-residence development in tightly held Middle Park.

Lowe Living, which has built much of its development portfolio across Melbourne's affluent bayside and south-east suburbs, is behind the plans for the 730 sqm site at <a href="https://www.apartments.com.au/new-apartments/123-125-erskine-street-middle-park-vic-3206">123-125 Erskine Street</a>, just off Armstrong Street and within the Armstrong Street Neighbourhood Activity Centre.

The developer is seeking approval for a five-storey residential building above two basement levels, with just eight large-format apartments and 18 car spaces.

“This is a deliberately very different proposition for us,"&nbsp;Tim Lowe, Co-Founder of Lowe Living, said.

"Eight residences is exceptionally boutique, but that's precisely what this site calls for.

“There is a strong community in Middle Park and the surrounding suburbs who have spent decades building a life here. They no longer want the maintenance of a large period home, but they aren't prepared to compromise on space, quality or location. We think there is a real opportunity to capture that hyper local market. A site like this rarely comes to market.”

<img alt="Lowe " data-entity-type="file" data-entity-uuid="875fe572-0f14-4d90-9e11-55b28dd07731" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.42.49%E2%80%AFAM.png?VersionId=GDNQRv9BfpR9r1zkZ5UDyUM4ZvpIksut" />

The low-density proposal has been designed by Cera Stribley and is being progressed through the Victorian Government's Great Design Fast Track pathway, having already secured eligibility from the Minister for Planning.

The Office of the Victorian Government Architect supported its eligibility after finding the proposal demonstrated consistency with the program's seven design principles, while the project's financial feasibility has also been independently confirmed by Invest Victoria.

The project is targeting the downsizer market, with the planning documents describing the homes as larger-format residences and noting the two penthouses could otherwise have been configured as four separate apartments.

<img alt="Lowe 2" data-entity-type="file" data-entity-uuid="60ab0987-2da6-4175-adac-315dcf6053c6" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.43.15%E2%80%AFAM.png?VersionId=bOCPH0B2MFwlmaRW.TTCF9TzyifgVoQI" />

The site has dual frontage to Erskine Street and Canterbury Place and currently comprises a collection of commercial buildings used as offices, including a former heritage bakehouse, a former stable, a later gabled addition and a central courtyard.

It sits within the Commercial 1 Zone and the Armstrong Street Commercial Precinct heritage overlay, with the existing property classified as a contributory heritage place.

Heritage has subsequently played a significant role in Cera Stribley's design.

The front section of the former bakehouse facing Erskine Street will be retained, including its return walls, street-facing hipped roof and chimneys, while the Erskine Street façade and part of the western return wall of the former stable will also be incorporated into the new development.

Levels four and five will be set back five metres from the retained stable façade, while bricks removed through demolition are proposed to be salvaged and reused within the new building where possible.

<img alt="Lowe 3" data-entity-type="file" data-entity-uuid="e97927a9-a2de-4a0f-83b6-65451238abfa" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-21%20at%208.43.06%E2%80%AFAM.png?VersionId=VR44AChLrX9q1XPB9GvVQV.ALXXbe4gC" />

Rather than presenting as a single five-storey building to Erskine Street, Cera Stribley has broken the development into a series of distinct forms.

A three-storey infill element will sit between the retained bakehouse and stable façades, with the upper levels recessed behind the heritage fabric. Canterbury Place will similarly feature two three-storey podium forms, separated by a central pedestrian accessway, before the upper two levels step back from the street.

A pedestrian through-link will run through the centre of the project between Erskine Street and Canterbury Place, creating entrances from both sides of the site and introducing landscaping and communal areas through the ground plane.

Landscape architect Acre has designed planting across the ground level, private terraces and upper levels, including a feature canopy tree at level three and integrated planting and arbours across the level four terraces. Five existing Erskine Street trees are proposed to be retained.

Sustainability is also a significant component of the Great Design Fast Track application. The apartments are targeting an average eight-star NatHERS rating, with no residence below 6.5 stars, while the project has achieved a 75 per cent BESS score. Seven of the eight apartments are designed for cross-ventilation, with the remaining residence using mechanically assisted natural ventilation.

The plans also incorporate an 8kWp rooftop solar system, a 5,000-litre rainwater tank and infrastructure allowing future electric vehicle charging for every residence.

Lowe has a strong portfolio across Melbourne's blue-chip suburbs. They recently launched <a href="https://www.apartments.com.au/new-apartments/jardin-house-by-lowe-living-camberwell-335-camberwell-road-camberwell-vic-3124">Jardin House by Lowe Living</a> in Camberwell, their first development in the Stonnington LGA.

Lowe Living unveils Middle Park apartment development

Article summary

<ul data-end="888" data-start="289">
	<li data-end="442" data-section-id="8tsh6o" data-start="289">DVB Projects is preparing to launch its second Gold Coast apartment development, with demolition now underway at 137 Old Burleigh Road, Broadbeach.</li>
	<li data-end="573" data-section-id="1nyxl3e" data-start="443">The 34-level tower will comprise just 49 ultra-luxury residences, including half-floor, full-floor and penthouse apartments.</li>
	<li data-end="717" data-section-id="oiyimj" data-start="574">The launch follows strong demand at DVB's nearby Sea Glass project, which is more than 50 per cent sold and currently under construction.</li>
	<li data-end="888" data-section-id="epk9o9" data-start="718">The development adds to the transformation of Old Burleigh Road, with premium beachfront apartment projects continuing to reshape the tightly held Broadbeach strip.</li>
</ul>

<a href="https://www.apartments.com.au/developers/dvb-projects">DVB Projects</a> is preparing to launch its second Gold Coast apartment development, with demolition now underway on the Broadbeach site as the Sydney developer moves closer to bringing the ultra-luxury project to market.

The 34-level tower at <a href="https://www.apartments.com.au/new-apartments/137-old-burleigh-road-broadbeach-qld-4218">137 Old Burleigh Road</a> will comprise just 49 residences, ranging from half-floor apartments through to full-floor homes and a penthouse. The launch follows the strong sales performance of DVB's nearby Sea Glass development. More than half of the apartments at Sea Glass, on the other side of Broadbeach, have been snapped up, well ahead of its late 2027 completion

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="2944b4be-c84e-4b54-8dc1-c712e76704c0" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/E02_Exterior_Street%20Level%20Entrance.jpg?VersionId=YoNig7pRdrE3HCue7sUj78LzJteeQf3H" />

The start of demolition at 137 Old Burleigh Road signals DVB Projects’ underlying confidence in the Gold Coast’s luxury beachside apartment sector.

“We see the Gold Coast as one of the most compelling lifestyle markets in Australia, particularly at the premium end where demand continues to deepen,” said Dean Brown, Managing Director of DVB.&nbsp;

“This project has been carefully designed to respond to that demand - delivering large-format residences with a level of quality, privacy and amenity that is still relatively rare in the apartment market on the beachside."

Brown says the site itself is "exceptional."

"Old Burleigh Road is one of the most tightly held beachfront strips, and opportunities to deliver a project of this scale and calibre in this location are extremely limited.”

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="398f377a-c037-455e-9250-0c5e0d84c35b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/I12_FF%20Balcony.jpg?VersionId=NwOiRWGMubR1c8wthuEfggklcja7al9." />

The project will comprise 40 half-floor residences of approximately 260 sqm, alongside eight full-floor residences spanning around 524 sqm.

A single penthouse will crown the building, featuring a private pool, barbecue area, indoor gym and dedicated entertaining spaces.

Residents will have access to a resort-style suite of amenities, including a 20-metre pool with daybeds, a gymnasium, hot and cold plunge pools, a sauna, and private residents’ lounge and dining facilities.

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="d1642bb0-9a66-4427-a022-dfc0988c6287" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/A02_Pool%20to%20View.jpg?VersionId=c0IXPyn_Gp_Kn3XCwzMrqIVkAdCEwVXP" />

Sales agent Todd Matheson, of <a href="https://www.apartments.com.au/project-marketer/pezet-matheson">Pezet Matheson</a>, which is marketing both 137 Old Burleigh Road and Sea Glass, said 137 Old Burleigh Road would address a clear gap in the market for genuine luxury products.

“There are very few opportunities on the Gold Coast where buyers can secure a residence of this size and quality in a new building,” Matheson said.

“What we’re seeing is a growing cohort of downsizers and interstate buyers who still want space - they’re not willing to compromise on living area, entertaining or finishes.

“This project has been designed with that buyer in mind. It offers the scale of a home, combined with the convenience and security of apartment living, in one of the coast’s most desirable positions.”

<img alt="DVB Projects to commence demolition on $320m Broadbeach luxury tower" data-entity-type="file" data-entity-uuid="59aae0ca-5639-4320-8aca-d0bf60f48e43" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/E01_Exterior%20Hero.jpg?VersionId=DS8Zfy2WtgUEtdfe0TEUuf1W1GfcZq8S" />

Located on a 1,156 sqm site one block from the beachfront, the development will replace an ageing walk-up building and is expected to contribute to the ongoing transformation of the Old Burleigh Road strip into one of the Gold Coast’s most prestigious residential corridors.

With the development moving into the delivery phase, 137 Old Burleigh Road is slated to hit the market later this year.

[smartcode_project_cta:default project_id=145141]

DVB Projects to launch second Broadbeach apartment tower as demolition commences

<a data-end="327" data-is-only-node="" data-start="250" href="https://www.apartments.com.au/developers/norus-projects" rel="noopener" target="_new">Norus Developments</a> has lodged plans for a new apartment development in Clayton that would add further momentum to the suburb's emerging Green Street corridor.

Plans have been lodged for the consolidated site at <a href="https://www.apartments.com.au/new-apartments/1359-1365-centre-road-clayton-vic-3168">1359-1365 Centre Road</a>, where Norus is seeking approval for 218 apartments across a 12-storey apartment building designed by <a href="https://www.apartments.com.au/architects/life-architecture-and-urban-design">Life Architecture</a>.

The proposal sits within the Clayton Major Activity Centre at the threshold of the planned Green Street corridor, a landscaped pedestrian connection intended to improve links through the precinct towards Clayton Railway Station.

The development would replace the site's existing collection of low-scale residential and commercial buildings with a single consolidated building, introducing significantly greater housing density to this part of Centre Road.

A retail tenancy is proposed at ground level to activate the Centre Road frontage, accompanied by transparent street interfaces and landscaping intended to create a more pedestrian-focused edge to the development.

<img alt="First look: Norus Developments plans landscape-led apartment project for Clayton’s emerging Green Street" data-entity-type="file" data-entity-uuid="0a5a763a-d9e9-4253-af2f-88008de27ebf" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Clayton%20a.png?VersionId=S2WJJbat1XVkZwB9SnYtygirXgWHiklX" />

The building has been designed with stepped massing and upper-level setbacks to manage its transition towards surrounding residential properties. The planning report describes the approach as one that integrates the building into the landscape rather than treating landscaping as a secondary element.

"A strong landscape and public realm strategy underpins the proposal," Urbis states in the planning report.

"Public benefits include an affordable housing contribution, a new pocket park, generous landscaped setbacks, deep soil planting and integrated Water Sensitive Urban Design."

The report adds that these elements are intended to create "a permeable, pedestrian-focused ground plane that enhances walkability, supports urban cooling and reinforces the emerging Green Street character."

Biophilic and passive design principles extend through the residential levels, with planting, daylight, natural ventilation and views towards landscaped areas forming part of the amenity strategy.

Parking would be concentrated away from the public realm, with 145 car spaces proposed from the rear laneway rather than dominating the Centre Road frontage.

The proposal follows an extensive pre-application process with the City of Monash. Three formal meetings were held between the project team and Council from December 2025 to March 2026, with the scheme evolving through several concept iterations before the current design was lodged.

The project arrives as Clayton prepares for substantial change around its established activity centre and the wider Suburban Rail Loop precinct. Its position on Centre Road places the development within an existing concentration of shops, services and public transport, while the Green Street connection is intended to strengthen pedestrian access towards Clayton Railway Station.

First look: Norus plans landscape-led apartment project for Clayton’s emerging Green Street

<a href="https://www.apartments.com.au/developers/gardner-vaughan-group">Gardner Vaughan Group</a> has officially commenced construction on Bronze on Chevron, celebrating the sod turning of its first-ever Gold Coast development and marking a significant milestone in the company's continued expansion across South East Queensland.&nbsp;

Following the successful delivery of premium residential developments throughout Brisbane and the Sunshine Coast, <a href="https://www.apartments.com.au/new-apartments/bronze-on-chevron-8-mawarra-street-chevron-island-qld-4217">Bronze on Chevron</a> represents Gardner Vaughan Group's entry into the Gold Coast market. Bronze will deliver 119 one, two, three and four-bedroom apartments above two ground-level retail tenancies.

[smartcode_project:default project_id=107520 project_image_fid=367193]

The recent sod turning ceremony was attended by Deputy Mayor Mark Hammel, President of the Surfers Paradise Surf Life Saving Club, Cassandra Sedgman, project consultants, purchasers, project partners and invited guests to celebrate the commencement of construction.&nbsp;

Gardner Vaughan Group Chief Executive Officer Simon Betteridge said Bronze on Chevron represented an exciting new chapter for the business.&nbsp;

"We've spent almost four decades building homes that respond to the way people want to live, and we're excited to bring that experience to <a href="https://www.apartments.com.au/developments/chevron-island-qld-4217">Chevron Island</a>," Betteridge said.

"Bronze on Chevron is particularly significant because it marks Gardner Vaughan Group's first development on the Gold Coast following many successful projects across Brisbane and the Sunshine Coast."

[smartcode_project:default project_id=107520 project_image_fid=367183]

Betteridge said the ground breaking is a proud moment for the&nbsp;team and their purchasers, who can now see their future homes beginning to take shape.&nbsp;

"As both developer and builder, we're able to oversee every aspect of the project from design through to construction, ensuring the quality and attention to detail Gardner Vaughan Group has become renowned for."&nbsp;

Designed by acclaimed architectural practice <a href="https://www.apartments.com.au/architects/cottee-parker-architects">Cottee Parker</a>, Bronze on Chevron has been thoughtfully designed to complement Chevron Island's evolving streetscape while embracing its relaxed coastal lifestyle.

The development will offer generous residences with refined interiors, premium finishes and resort-style amenities, with completion anticipated in early 2029.&nbsp;

[smartcode_project_cta:default project_id=107520]

The development will offer generous residences with refined interiors, premium finishes and resort-style amenities, with completion anticipated in early 2029

Gardner Vaughan Group breaks ground on first Gold Coast development, Bronze on Chevron

Asic

<html><body>
ASIC has commenced proceedings in the Supreme Court of Queensland against:
<ul>
<li>Brett Andrew Gordon, a former financial adviser;</li>
<li>Refocus Financial Group Pty Ltd (Refocus), a financial planning business based on the Sunshine Coast in Queensland, operated by Mr Gordon;</li>
<li>Heather Jean Swift, Mr Gordon’s partner; and</li>
<li>Consultia Super Pty Ltd (Consultia) of which Ms Swift is the sole director.</li>
</ul>
Mr Gordon and Refocus were authorised representatives of Solar Financial Advisory Pty Ltd (Solar) between 28 June 2014 and 26 August 2017. During that period, ASIC alleges that Mr Gordon recommended that clients establish self-managed superannuation funds (SMSF) and then advance unsecured loans to a related company, Diverse Capital Management Pty Ltd (Diverse) to undertake property development. Diverse was placed into liquidation on 18 May 2018.
Following an investigation, ASIC alleges that:
<ul>
<li>At least 10 clients loaned $1.4 million to Diverse on Mr Gordon’s recommendation. Those funds remain outstanding;</li>
<li>Mr Gordon used funds that had been loaned to Diverse for his personal use and as working capital for Refocus;</li>
<li>Ms Swift received funds from Diverse which were applied for her personal use;</li>
<li>Mr Gordon and Refocus entered into other unsecured loan agreements to borrow funds from SMSF clients of Refocus, which have not yet been repaid; and</li>
<li>Mr Gordon has continued to provide financial services despite not being licensed to do so.</li>
</ul>
ASIC is seeking orders to:
<ul>
<li>Appoint a provisional liquidator to Refocus and Consultia;</li>
<li>Prevent Mr Gordon and Ms Swift from dealing with their assets; and</li>
<li>Restrain Mr Gordon from providing financial services.</li>
</ul>
The matter will be heard in the Supreme Court in Brisbane on 11 July 2018.
ASIC's investigation is continuing.
Background
Solar terminated Mr Gordon and Refocus as authorised representatives after becoming aware of Mr Gordon's conduct, and reported it to ASIC.
Clients of Refocus who wish to make a complaint regarding Mr Gordon can contact Solar or the Financial Ombudsman Service on 1800 367 287.
</body></html>

jrobinson-rf4aSBido9

ASIC commence court proceedings against former financial advisor Brett Gordon and his wife

<html><body>
Around 90% of financial advice on setting up a self-managed super fund (SMSF) did not comply with relevant laws, a review by the Australian Securities and Investments Commission (ASIC) has found.
ASIC today released Report 575 SMSFs: Improving the quality of advice and member experiences and Report 576 Member experiences with self-managed superannuation funds.
ASIC reviewed 250 client files randomly selected based on Australian Taxation Office (ATO) data and assessed compliance with the Corporations Act’s ‘best interests’ duty and related obligations.
<img src="https://download.asic.gov.au/media/4780401/rep-576-infographic.jpg" alt="Rep 576 Infographic" width="500" height="353">
In 91% of files reviewed the adviser did not comply with Corporations Act’s ‘best interests’ duty and related obligations. The non-compliant advice ranged from record-keeping and process failures to failures likely to result in significant financial detriment. This included:
<ul>
<li>In 10% of files reviewed, the client was likely to be significantly worse off in retirement due to the advice;</li>
<li>In 19% of cases, clients were at an increased risk of financial detriment due to a lack of diversification.</li>
</ul>
ASIC Deputy Chair Peter Kell said the standard of advice on SMSFs must improve. ‘A healthy and robust SMSF sector is an important part of our super system. However, it is clear lots of people are setting up self-managed super funds without knowing whether this is the best option. The financial advice sector has significant work to do to lift their performance on this issue.’
ASIC will be taking follow up regulatory action, in particular where consumers have suffered detriment.
ASIC also conducted market research which included interviews with 28 consumers who had set up an SMSF and an online survey of 457 consumers who had set up an SMSF. Through this work we found a lot of people do not understand fully the risks of SMSFs, or their legal obligations as trustees.
In the online survey:
<ul>
<li>38% of respondents found running an SMSF more time consuming than expected;</li>
<li>32% found it to more expensive than expected;</li>
<li>33% did not know the law required an SMSF to have an investment strategy; and</li>
<li>29% mistakenly believed that SMSFs had the same level of protection as prudentially regulated superannuation funds in the event of fraud.</li>
</ul>
Mr Kell said, ‘Decisions about super are some of the most important a person can make. However, ASIC found there is a lack of basic knowledge of the legal obligations in setting up or running an SMSF. It is also concerning many people with an SMSF have not understood the importance of diversification, which puts their financial future at risk.’ 
ASIC also found some people had moved to SMSFs as a way to get into the property market, and were using it solely for this purpose without a wider investment strategy.
The interviews also identified a growing use of 'one-stop-shops' where the adviser has a relationship with a developer or a real estate agent whose products the person is encouraged to invest in. This put people at increased risk of getting poor advice that did not take account of their personal circumstances or is not given in their best interests.
ASIC’s findings are supported by the recent Productivity Commission super report which found smaller SMSFs (with balances under $1 million) delivered on average returns below larger funds, and that the costs for low-balance SMSFs are higher than for funds regulated by the Australian Prudential Regulation Authority (APRA).
ASIC’s SMSF report will inform its surveillance and regulatory work into the SMSF sector. ASIC will take enforcement action as appropriate, including ensuring licensees with non-compliant advisers undertake client review and remediation.
More broadly, ASIC and the ATO will have an increased focus on property one-stop-shops. This will include sharing data and intelligence, and ASIC taking enforcement action where it sees unscrupulous behaviour.
</body></html>

j.ballantyne1990-6AQqhLzZaK

Most new SMSFs set up with flawed advice, and not even compliant 

<html><body>
ASIC has banned financial adviser Mr Graeme Ashley Cowper, of Oatley, NSW, from providing financial services for 4 years after an investigation found he was not adequately trained or competent to provide financial services.
This is the first administrative banning decision made by ASIC’s new Financial Services and Credit Panel following a hearing before it.
Between 2007 and 2015 Mr Cowper worked as a financial adviser at National Australia Bank, AON and Tynan Mackenzie while based in Sydney. He then transferred to Ipac Securities Limited, which is a wholly-owned subsidiary of AMP Limited.
Mr Cowper was banned from providing financial services after the Panel found that Mr Cowper:
<ul>
<li>had a fundamental lack of understanding of the duties and obligations imposed by the Corporations Act 2001 on providers of financial services; and</li>
<li>gave advice to a number of clients over the period 2007 to 2013 that did not appear to be appropriate.</li>
</ul>
In particular, the Panel found Mr Cowper:
<ul>
<li>recommended gearing strategies when the client could not afford it;</li>
<li>recommended clients switch to a new superannuation fund but did not give sufficient detail in the Statement of Advice (“SOA”) to enable the client to decide whether or not to proceed with the advice; and </li>
<li>recommended clients switch to a new superannuation fund without warning them in the SOA that the new fund was expensive compared to their old fund, or that it included insurance that did not cover the client’s pre-existing health condition which was covered in the current fund.</li>
</ul>
The banning will appear on ASIC’s <a href="https://asic.gov.au/online-services/search-asics-registers/banned-and-disqualified/">Banned and Disqualified Persons Register</a> and be reflected on ASIC’s <a href="https://www.moneysmart.gov.au/investing/financial-advice/financial-advisers-register">Financial Advisers Register</a>.
Mr Cowper has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
ASIC's MoneySmart website has useful information for clients of advisers to help them understand what to do if their <a href="https://www.moneysmart.gov.au/investing/financial-advice/problems-with-a-financial-adviser/has-your-financial-adviser-been-banned">adviser has been banned</a>.　
</body></html>

Former NAB financial planner Graeme Cowper banned by ASIC 

<html><body>
ASIC has banned Mark Damion Kawecki of Frankston, Victoria from providing financial services for seven years.
The banning follows an ASIC investigation into Mr Kawecki’s conduct when applying for shares under the initial public offerings (IPOs) of companies that subsequently listed on ASX between 2015 to 2017. A company must meet the 'minimum spread requirement' (a minimum number of unrelated shareholders in the company) under the ASX Listing Rules before its shares can be quoted and traded on ASX.
The ASIC investigation found that in relation to at least three IPOs, Mr Kawecki:
<ul>
<li>provided false information regarding the identity of the beneficial holders of shares that he applied for in the name of entities he owned and controlled;</li>
<li>submitted share applications in which he deliberately inserted false addresses for applicants;</li>
<li>knew that the false information and addresses he supplied would be provided to ASX;</li>
<li>did so to ensure his share applications would count toward meeting the minimum shareholder requirement for the companies to be listed; and</li>
<li>received a fee per application that he provided.</li>
</ul>
Following a hearing, the ASIC delegate found that Mr Kawecki had failed to comply with a financial services law by knowingly engaging in conduct that was likely to mislead, in contravention of s1041H(1) of the Corporations Act.
ASIC Commissioner Cathie Armour said, 'Attempts to achieve the minimum spread requirement through artificial means is inconsistent with the fair and orderly operation of the market. ASIC will take action to ban people from providing financial services if they engage in conduct that undermines the integrity of our markets.'
Mr Kawecki has a right to apply to the Administrative Appeals Tribunal for review of ASIC’s banning order.
The ASIC investigation into Mr Kawecki and related conduct concerning the provision of spread through artificial means is ongoing.
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ASIC bans Mark Kawecki for seven years for misleading IPO share applications

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Former financial adviser, Gabriel Nakhl, was convicted in the District Court of New South Wales on 8 June 2018 on 8 charges brought by ASIC of engaging in dishonest conduct with investor funds.
Mr Nakhl, of Illawong, NSW pleaded guilty to being knowingly engaged in dishonest conduct in relation to twelve investors.  The conduct occurred between March 2009 and March 2011 while Mr Nakhl was an authorised representative of Australian Financial Services Limited (in liquidation) and from about March 2011 to about September 2013 while he was the sole director of SydFA Pty Ltd (in liquidation).
Mr Nakhl pleaded guilty to 8 counts under section 1041G of the Corporations Act 2001 (Cth).
The matter has been listed for a 3 day sentence hearing commencing on 11 March 2019.
The charges were brought against Mr Nakhl following an ASIC investigation.
The Commonwealth Director of Public Prosecutions is prosecuting the matter.
Background
In February 2013, ASIC obtained court orders against Mr Nakhl preventing him from disposing of, dealing with or otherwise diminishing certain assets. See <a href="https://asic.gov.au/about-asic/media-centre/find-a-media-release/2013-releases/13-023mr-asic-obtains-court-orders-against-sydney-financial-adviser/">13-023MR</a> for more details.
In September 2013, Mr Nakhl became a bankrupt and placed SydFA Pty Ltd into liquidation.
In November 2013, ASIC accepted an enforceable undertaking from Mr Nakhl that permanently restricts him from providing financial services and restricts him from managing a corporation for 15 years. See <a href="https://asic.gov.au/about-asic/media-centre/find-a-media-release/2013-releases/13-313mr-sydney-adviser-removed-from-financial-services/">13-313MR</a> for more details.
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Former Illawong financial adviser convicted for dishonest conduct

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ASIC has permanently banned Mr Max Kiattisak Eung (also known as Kiattisak Eungpongpan), of Tempe, New South Wales from providing financial services and engaging in credit activities.
Mr Eung was banned following an ASIC investigation into his conduct between March 2016 and December 2016 while he was a financial adviser with NAB. It was alleged that during this period Mr Eung engaged in conduct including:
<ul>
<li>creating two false bank accounts in the names of his clients;</li>
<li>falsifying documents to open the false bank accounts;</li>
<li>causing withdrawals to be made from client funds to the false bank accounts and misappropriating client funds; and</li>
<li>impersonating his clients to attempt to obtain access to funds in the second false bank account.</li>
</ul>
Subsequently, Mr Eung incorporated a company for the purpose of operating a mortgage broking business and became a Credit Representative to provide credit assistance within that business.
ASIC found that Mr Eung had engaged in dishonest conduct, was likely to contravene a financial services law, and was not of good character. ASIC also found that Mr Eung was likely to contravene credit legislation and was not a fit and proper person to engage in credit activities.
ASIC’s investigation into Mr Eung is continuing.
Mr Eung was an authorised representative and financial adviser with NAB from 21 May 2015 to 20 December 2016 and a credit representative of Connective Credit Services Pty Ltd from 14 September 2017 to 23 October 2017.
Mr Eung’s banning will be recorded on ASIC’s Banned and Disqualified Persons Register and the Financial Advisers and Credit Representatives Registers.
Mr Eung has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
ASIC's MoneySmart website has useful information for clients of advisers to help them understand what to do if their adviser has been banned.
The banning of Mr Eung is part of ASIC's Wealth Management Project. The Wealth Management Project was established in October 2014 to lift the standards of major financial advice providers. The Wealth Management Project focuses on the conduct of the largest financial advice firms (NAB, Westpac, CBA, ANZ, Macquarie and AMP).
ASIC's work in the Wealth Management Project covers a number of areas including:
<ul>
<li>working with the largest financial advice firms to address the identification and remediation of non-compliant advice; and</li>
<li>seeking regulatory outcomes, where appropriate, against licensees and advisers.</li>
</ul>
As part of its Wealth Management Project, ASIC has banned 47 advisers and one director from the financial services industry. Four bannings are the subject of appeals, with a further banning stayed pending the outcome of an appeal.
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ASIC permanently bans former NAB financial adviser

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The Australian Securities and Investments Commission (ASIC) has suspended the Australian financial services (AFS) licence of Vesta Living Communities Ltd after concluding that it had not maintained adequate compliance measures to meet its licence obligations.
ASIC found Vesta had not met the organisational competence and financial resource requirements of its licence.
Specific findings included that Vesta failed to replace the key person under the licence following a resignation and to lodge financial reports on time.
Vesta’s AFS licence has been suspended from 28 May 2018 until 25 November 2018, at which point ASIC will determine whether to cancel the licence.
This decision will be based on whether Vesta is able to demonstrate that it is able to meet all compliance and reporting obligations.
The suspension of Vesta' AFS licence is part of ASIC's ongoing efforts to improve standards across the financial services industry.
Vesta has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
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ASIC suspends AFS licence of Vesta Living Communities

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ASIC has permanently banned Desiree Veronica Macpherson from providing financial services.
ASIC found that in relation to Ms Macpherson’s involvement with the development and promotion of the Newman Estate Project in the Pilbara region of Western Australia that Ms Macpherson had engaged in misleading and deceptive conduct, that she was not of good fame or character, that she had engaged in dishonest conduct and that she was involved in a contravention of financial services laws.
Ms Macpherson has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
ASIC’s investigation is ongoing.
Macpherson was last in the news earlier this year when she was contemplating publishing a book.
Veronica Macpherson, once the head of the collapsed Macro Realty Group, gave the a book a working title, "The Great Australian Ponzi". 
Her Pilbara property scheme fell over leaving thousands of investors owed millions in 2015. But bizarrely she suggests there could be a happy ending.
The local media indicated she would launch the book in April featuring "political backflips, errors, mismanagement of the Australian economies — suicides, nasty threats and wild accusations."
Ms Macpherson says it was a book "to get the truth known". 
Featuring the Pilbara Cities that were meant to be, she will be pedalling the line that "ASIC was their own worst enemy."
"One of my sayings is that ‘I am a big fan of the truth’ and unfortunately many people have been left wondering what the truth of the matter actually is with our Pilbara developments," she suggested.
In online material advertising the book, Ms Macpherson was using a picture of herself with Gina Rinehart, believed to have been taken at the CEO Magazine’s Australian Executive of the Year awards in late 2015.
That photograph posted alongside the book title was causing some consternation amongst Ms Hancock’s inner circle yesterday.
A spokeswoman for Mrs Rinehart confirmed to the Perthnow website that the event was the only time the two had ever met.
Mrs Rinehart had no business relationship with the would-be property developer and accused Ponzi queen.
Macpherson, in a five-page letter to “investors, affiliates and associates” sent out under a Macro Investments and Securities letterhead, also contemplated the establishment of a “Pilbara Cooperative” which she claims could provide hope to her many investors.
“The media has not bothered to showcase our past successes, but don’t worry there will be many more through this collaborative structure and great, like minded individuals,” the letter advises.
Macro Realty Developments’ former brand ambassador was former rugby champion, David Campese. 
 
 
 
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Queen of the Pilbara Veronica Macpherson cops ban from ASIC

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GUEST OBSERVATION
The chairwoman and CEO of AMP have resigned after the company admitted to charging for advice never provided and lying to clients and regulators. But no banking CEOs have been toppled despite the Financial Services Royal Commission unearthing instances of fraud, bribery, impersonating customers, failures to report misconduct to regulators and other poor behaviour.
Similar conduct in the United States has resulted in bank executives and directors being forced to resign. That this is not happening in Australia shows how the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) aren’t using their full powers to take action on the banks’ bad behaviour.
APRA already has the power under the Banking Act to remove someone from a bank board and install its own nominee. The recently enacted Banking Executive Accountability Regime has given APRA more power to remove directors and install new ones.
So ASIC and APRA are not bedevilled by a lack of power, but by a lack of willpower.
In 1998 the Wallis Inquiry hived off the consumer protection and market conduct functions from the Australian Competition and Consumer Commission (ACCC) and gave these to ASIC. Professor Ian Harper, a member of the inquiry, now concedes that may have been an error.
The ACCC is an excellent regulator, with a long history of being a tough cop. Handing the consumer protection and market conduct function back to the ACCC is a step that federal Treasurer Scott Morrison should take now.
The royal commission heard that a Commonwealth Bank subsidiary was billing customers for ongoing service after their deaths. But no executives have been sacked for this.
Indeed, Matt Comyn, who was responsible for this division from 2012 onwards, has been promoted to Commonwealth Bank CEO. Former CEO Ian Narev has been permitted to sail off into the sunset with bonuses intact.
This shows ASIC is the same, or worse, than what it was in 2014: a timid, hesitant regulator, too quick to accept the assurances of regulated entities.
Despite United States authorities being widely regarded as weak in standing up to their banks, American CEOs are being held accountable.
Take the example of John Stumpf, chairman and CEO of Wells Fargo, the biggest retail bank in the US. Under his direction Wells Fargo staff had been opening multiple accounts for clients, with neither their knowledge nor their consent, and then charged account-keeping fees.
When the scandal hit, Stumpf was hauled before the US Senate. He performed so disastrously that the board told him he needed to go straight away.
No one is suggesting Stumpf knew about the fraud, or that Comyn knew that CBA was charging fees for advice to dead people. But Stumpf’s misstep caused his departure. Why is no one suggesting Comyn must go?
This is the true state of the Australian financial sector: bank executives and CEOs who could be facing criminal charges, and should have resigned, don’t even acknowledge the buck stops with them.
Regulatory failure
And if there is any doubt about the need to get cracking, here is the knockout blow: UBS has downgraded Westpac shares because the royal commission revealed that the percentage of “liar loans” in the bank’s A$400 billion loan book may be much higher than stated, or even than Westpac itself is aware of.
This is the culmination of ten years of cowboy behaviour in a financial system that now resembles the Wild West.
This is what happens when compliance culture breaks down, which in turn is a function of regulatory oversight and enforcement. Put differently, our regulators have failed to act for so long that the problem is assuming systemic proportions.
What will be interesting to see is whether the APRA inquiry is another whitewash. I half suspect that if it failed to excoriate CBA it would look pretty silly.
<img src="https://counter.theconversation.com/content/95772/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1">Let’s hope the panellists understand that. But if they don’t, then they must be called out.
Andrew Schmulow, Senior Lecturer, Faculty of Law, University of Western Australia
This article was originally published on <a href="http://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/apra-and-asic-have-the-legal-power-to-sack-bank-heads-but-they-need-willpower-95772" target="_blank">original article</a>.
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APRA and ASIC have the legal power to sack bank heads, but they need willpower: Andrew Schmulow

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ASIC has permanently banned mortgage brokers Xiaoyi (Jeff) Zhao, Jun (Leo) Ma and Liang (Victor) Zhang from engaging in credit activities.
Messrs Jeff Zhao and Leo Ma were mortgage brokers and directors of Sydney Global Investment Pty Ltd, which formerly operated a finance brokerage business in Sydney that traded as X Finance Group.  Mr Victor Zhang was also a mortgage broker and lending manager at X Finance Group.
ASIC found that between July 2015 and February 2016 Messrs Zhao, Ma and Zhang were knowingly or recklessly involved in the provision of false employer letters and/or pay slips to Westpac Banking Corporation to support 21 home loan applications lodged on behalf of customers of X Finance Group. 
<ul>
<li>ASIC found that the companies nominated in the letters and payslips were based in China;</li>
<li>customers concerned were not employed by these companies; and</li>
<li>pay slips provided income figures that were much greater than the customers' actual incomes.</li>
</ul>
As a result of that conduct, Westpac financed over $17M in home loans in reliance on false documentation.
Messrs Zhao, Ma and Zhang have the right to seek a review of ASIC's decision to the Administrative Appeals Tribunal.
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