Bottega House has completed settlement of a landmark riverfront site in Macquarie Street, St Lucia, representing its first major Brisbane development.&nbsp;

Positioned on the banks of the Brisbane River, the <a href="https://www.apartments.com.au/new-apartments/180-macquarie-street-st-lucia-qld-4067">premium site at 180 Macquarie Street</a> features uninterrupted river frontage in one of Brisbane’s most tightly held residential precincts.&nbsp;

The proposed development, currently under assessment with Brisbane City Council, has been designed by <a href="https://www.apartments.com.au/architects/plus-studio">Plus Studio</a> with interiors by <a href="https://www.apartments.com.au/interior-designers/mim-design">Mim Design</a> and will deliver a boutique collection of premium residences positioned specifically for owner occupiers and downsizers.&nbsp;

The residences are set to redefine luxury apartment living in the area, with a focus on architectural quality, refined finishes, landscape integration and elevated amenities including curated wellness facilities, resort-style pools and recreation spaces rarely seen in the local market.&nbsp;

Exclusive sales for the project will be led by Keenan &amp; Byrne, ahead of an anticipated launch later this year.&nbsp;

Bottega House Managing Director Nick Malloch said the project reflects the group’s ambition to deliver a highly curated residential offering within one of Brisbane’s most tightly held precincts.&nbsp;

“This is an incredibly rare riverfront opportunity and one we have approached with a long-term perspective,” Malloch said.&nbsp;

“Our vision from the outset was to create a boutique collection of residences that feel more like private homes than traditional apartments, with generous proportions, refined finishes and exceptional amenity throughout."

Malloch says there is a&nbsp;lack of premium owner-occupier stock of this quality in the market, particularly for downsizers wanting space, privacy and a true lifestyle offering without compromise.&nbsp;

"Demand is expected to be strong given the scarcity of premium riverfront opportunities of this nature within Brisbane’s inner-west."&nbsp;

Joel Robinson

Bottega House secures landmark riverfront site in St Lucia 

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The arrival of the first piling rig officially marks the commencement of construction at SIERA’s new beachside apartment development, Exhale, in Northcliffe.

<a href="https://www.apartments.com.au/new-apartments/exhale-surfers-paradise-8-enderley-avenue-surfers-paradise-qld-4217">Exhale</a>, a glass-encased tower featuring 54 large-scale apartments at 8 Enderley Avenue, is SIERA’s third Gold Coast development. It follows the recently completed PIPIS Bilinga beachfront project, which achieved suburb-record prices, and the soon-to-be-completed Chevron Island development, Tapestry.

[smartcode_project:default project_id=112661 project_image_fid=359603]

<a href="https://www.apartments.com.au/developers/siera">SIERA</a> Founder and Managing Director Brent Thompson said the arrival of the piling rig represented a significant milestone for the development, which is scheduled for completion in late 2028.

Over the next month, around 260 piles are expected to be installed as work progresses on the basement structure. The building is anticipated to rise above ground level early next year, before unveiling its sculptural glass curtain wall, developed in collaboration with specialist façade engineers.

“The façade was designed to maximise panoramic coastal views while creating a distinctive architectural identity,” Thompson said.

[smartcode_project:default project_id=112661 project_image_fid=355935]

Designed by BDA Architecture, Exhale will comprise just 54 two- and three-bedroom residences across 26 levels, a level of low-density living rarely delivered in this beachside pocket between Surfers Paradise and Broadbeach.

The project has been conceived as a resident-only building, with no short-stay accommodation permitted. SIERA says the model is intended to appeal to long-term owner-occupiers rather than transient holiday demand.

[smartcode_project:default project_id=112661 project_image_fid=361052]

Residences have been designed with large-format layouts and expansive glazing, with most apartments featuring more than 30 metres of glass frontage to maximise natural light and ocean views.

The amenity offering spans two levels and centres on wellness and lifestyle, including a heated magnesium pool, sauna, yoga and Pilates studio, gymnasium, private dining facilities, cinema lounge, and dedicated surfcraft storage.

[smartcode_project:default project_id=112661 project_image_fid=359607]

More than half of the apartments have already sold. SIERA has also opened a sales gallery for Exhale at its Chevron Island commercial premises, near its Tapestry tower and the site of its second Chevron Island apartment development, which is slated to launch in early 2027.
</section>
</section>

[smartcode_project_cta:default project_id=112661]

SIERA kicks off construction at Northcliffe tower Exhale

Local Little Bay residents, along with buyers from premium postcodes across Sydney’s affluent Eastern Suburbs, have dominated purchases in developer-builder Urban Property Group’s first Eastern Suburbs apartment development, <a href="https://www.apartments.com.au/new-apartments/este-little-bay-jennifer-street-little-bay-nsw-2036">ESTE Little Bay</a>.

The $250 million coastal project, one of the first new developments in the area in several years, has proven particularly popular with downsizers, especially those from Coogee and Bondi. One Double Bay downsizer paid $4.7 million for a four-bedroom penthouse, setting a new local apartment price record in the process.

Buyers have been attracted to the combination of coastal tranquillity, premium design and amenity-rich neighbourhood living. The walkable village setting, along with proximity to three of Sydney’s leading golf courses, New South Wales Golf Club, St Michael’s Golf Club and The Coast Golf Club, has also been a key drawcard.

[smartcode_project:default project_id=112343 project_image_fid=352689]

Built across two low-rise buildings designed by <a href="https://www.apartments.com.au/architects/hill-thalis-architecture-urban-projects-pty-ltd">Hill Thalis</a> and set along a lush, landscaped green spine, designed by leading landscape architect <a href="https://www.apartments.com.au/landscape-architect/arcadia-landscape-architecture">Arcadia</a>, ESTE Little Bay offers a collection of one, two, three and four-bedroom residences with interiors by Richards Stanisich.

<a href="https://www.apartments.com.au/developers/urban-property-group">Urban Property Group</a> Sales Director, Tom McIvor said the response to ESTE has been "nothing short of extraordinary."

“Buyers have been quick to recognise ESTE as a rare opportunity to invest in a coastal sanctuary that offers both seclusion and connectivity to the heart of Sydney,” McIvor said.

[smartcode_project:default project_id=112343 project_image_fid=352687]

<a href="https://www.apartments.com.au/project-marketer/srm-residential">SRM Residential</a> Senior Director, <a href="https://www.apartments.com.au/project-marketer/srm-residential">Clayton Ross</a> said the local market has responded incredibly well, driven by ESTE’s exceptional location and the rarity it offers.

“We’ve seen strong interest from a variety of buyer groups, all of whom are drawn to the exclusivity and quality of the build and construction by the 4.5-star iCIRT-rated builder / developer, Urban Property Group. There’s truly nothing else like it along Sydney’s coastline.”

[smartcode_project:default project_id=112343 project_image_fid=352690]

The project also includes robust buyer protections, including Resilience Insurance’s Latent Defects Insurance, providing 10 years of structural cover, and an independent iCIRT-rating of the developer.

“The iCIRT-rating adds another layer of confidence,” Ross added. “Buyers see it as a safeguard for their investment and their lifestyle.” A highlight of ESTE’s offering is its exclusive wellness amenities, including a heated rooftop infinity pool and outdoor heated spa, a state-of-the-art Technogym fitness centre, and a sauna.

<a href="https://www.apartments.com.au/new-apartments/este-little-bay-jennifer-street-little-bay-nsw-2036">ESTE Little Bay</a> is topped out and is on track to complete towards the end of 2026, with residents moving in before Christmas.

[smartcode_project_cta:default project_id=112343]

Eastern Suburbs buyers snap up ESTE Little Bay apartments

<a href="https://www.apartments.com.au/developers/sunland-group">Sunland Group</a> has officially lodged plans for its first Gold Coast apartment project since the departure of the Abedian family from the company three years ago, unveiling a new high-rise proposal for a prominent Broadbeach corner site on Old Burleigh Road.

The application was submitted by an entity directed by Tom Jamieson, stepson of longtime Sunland leader Soheil Abedian, and Riaz Rezvanipour, brother-in-law of Sahba Abedian, Soheil’s son.

Sunland acquired the 1,283 sqm site on the corner of Old Burleigh Road and Armrick Avenue for $9.5 million late last year and is now seeking approval for a <a href="https://www.apartments.com.au/new-apartments/99-101-old-burleigh-road-broadbeach-qld-4218">42-storey tower with 81 apartments</a>.

<img alt="First look: Sunland Group returns to Broadbeach with new Old Burleigh Road tower plans" data-entity-type="file" data-entity-uuid="fea2946d-90ee-4cfc-babe-2a8ad5db2cb6" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/pers.png?VersionId=BV0fihJw31nDIQ8ozY_h3GbS8mxDyhnm" />

Designed by <a href="https://www.apartments.com.au/architects/contreras-earl-architecture">Contreras Earl Architecture</a>, the proposed tower at 99-101 Old Burleigh Road would deliver a predominantly larger-format apartment mix aimed at the owner-occupier market. Plans include 17 two-bedroom apartments, 55 three-bedroom apartments, and nine four-bedroom residences across 35 residential levels.

The development also incorporates three basement levels, four podium parking levels, two levels of communal recreation facilities, and rooftop plant and equipment. A total of 189 car spaces are proposed, significantly exceeding the 90 spaces required under the planning scheme.

The architecture adopts a sculpted, curvilinear form, with deep wraparound balconies and integrated landscaping intended to soften the tower’s vertical expression. The planning report states the building’s “slender footprint/form provides a complimentary yet varied built form within the local streetscape” and contributes to “a varied, yet ordered skyline.”

Contreras Earl noted in its Architectural Statement that from the early stages, the project addressed a fundamental challenge: how to accommodate the required residential yield while avoiding the conventional model of a tower sitting on a rigid, fully resolved parking podium.

“The most direct response would have been to consolidate parking into a singular, flat podium and extrude a repetitive tower above,” the statement said. “While efficient, this approach would result in a consolidated built form with limited engagement with the surrounding landscape and public realm.”

Instead, the conventional podium model was “deliberately rejected”. The architects described the base of the building as “a landscaped architectural condition where structure, planting and circulation are integrated”.

“Rather than presenting a continuous built mass, the base of the building is articulated through a series of concrete planter elements that organise the podium into a fragmented system,” the statement said. “This approach reduces the perceived bulk of the lower levels while establishing a more permeable interface with the streetscape and adjacent open space.”

<img alt="Sunland" data-entity-type="file" data-entity-uuid="923fad8d-c960-4527-8fbe-975cf1ddf88d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-25%20at%2010.32.03%E2%80%AFAM.png?VersionId=pngwb0hYOIUpq9vDw6F2EsOiVuHF3DiX" />

&nbsp;

The site sits within the High Density Residential Zone and inside the City of Gold Coast’s unrestricted “HX” building height area, where the planning framework anticipates intensified residential development tied to the expanding light rail corridor. The planning report notes the area is undergoing “transition toward more intense development forms” given its proximity to Broadbeach, Surfers Paradise, and high-frequency public transport infrastructure.

Positioned directly opposite Broadbeach Park and within walking distance of Florida Gardens light rail station, the development would sit among a rapidly evolving stretch of Old Burleigh Road that has become one of the Gold Coast’s most active apartment development corridors.

The application joins a growing pipeline of luxury residential projects reshaping Broadbeach, including nearby developments by 5Point Projects, Polycell, and Graya.

The planning report argues the project contributes toward the Gold Coast’s long-term housing targets under the South East Queensland Regional Plan, which forecasts the need for more than 100,000 additional high-rise dwellings across the city by 2046.

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The Abedian family departed Sunland Group in late 2023, ending a four-decade association with the company, and subsequently established the private development firm Abedian &amp; Co. The group is currently delivering <a href="https://www.apartments.com.au/new-apartments/greenmount-residences-cnr-hill-street-and-marine-parade-coolangatta-qld-4225">Greenmount Residences</a> at Rainbow Bay and recently launched <a href="https://www.apartments.com.au/new-apartments/18-mary-avenue-14-18-mary-avenue-broadbeach-qld-4218">18 Mary Avenue</a> in Broadbeach.
</section>

First look: Sunland Group returns to Broadbeach new apartment market with new Old Burleigh Road tower plans

The Minns Labor Government has established the new Bays West Delivery Authority to lead the development&nbsp;of the Bays West Precinct and Blackwattle Bay Precinct.&nbsp;

The Authority is charged with creating Sydney’s newest precinct, a thriving, connected, sustainable hub with White Bay Power Station as its cultural heart. Its vision is to build on the area’s natural, cultural and industrial history to shape a vibrant new neighbourhood.

The precinct will deliver up to 8,500 well-located homes, including a minimum of 10 per cent affordable and essential worker homes. Combine new housing with public open space, opening public access to the waterfront for the first time in more than 100 years, while retaining important deep-water facilities to support Sydney’s working harbour.

Located just minutes from the Sydney CBD and connected to a world-class metro, ferry, walking and cycling links, the Bays West precinct will rebalance housing growth towards well-serviced inner-city locations and help tackle the state’s housing crisis.

The Bays West Delivery Authority,&nbsp;an agency of the Department of Planning, Housing and Infrastructure, will report to the NSW Minister for Lands and Property who already has oversight of major precinct renewal projects including at Blackwattle Bay and Barangaroo.

As part of the broader Bays West transformation, the Minns Government recently announced that a proposal from Lendlease to redevelop part of the Bays West Precinct has progressed to Stage 2 of the NSW Government’s unsolicited proposals process.

<img alt="Sydney" data-entity-type="file" data-entity-uuid="2ed71eb9-d8e8-4fa7-b9d1-de4531dcf2f3" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-25%20at%209.42.31%E2%80%AFAM.png?VersionId=IDryFIbped9SNDg72LEN_EecvhUsOPvp" />

The Minns Labor Government has also confirmed the Bays West precinct will have a new suburb name. This will be the first major suburb built in close proximity to Sydney’s CBD in decades and will encompass the area currently being referred to as Bays West, including Glebe Island and the White Bay Power Station. Served by a new Metro station just five minutes from the CBD, it will become one of the most populous suburbs in the Inner West and one of Sydney’s premier cultural destinations.

An early works program is taking shape, which&nbsp;includes the first stages of an international design competition.&nbsp;

The aim of the Bays West&nbsp;International&nbsp;Design Competition is to&nbsp;ensure design excellence is embedded in the project from the start. The competition will deliver an&nbsp;urban framework that defines the character, ambition and long-term identity of&nbsp;this&nbsp;former industrial precinct as it transitions to a vibrant, inclusive and sustainable residential&nbsp;neighbourhood.

The competition will be led by the Bays West Delivery Authority in partnership with Government Architect NSW.&nbsp;

It will launch with an invitation for a global Expressions of Interest, before moving to an invitation-only stage that will be assessed by a panel that&nbsp;will provide advice to Cabinet who will select a winner.

Premier of NSW, Chris Minns said the establishment of the new Authority is the first step in transforming the Bays West precinct into a vibrant, livable suburb minutes from the Sydney CBD and two stops from Hunter St Station on the Metro West line.

“The Authority will deliver well-located homes close to the heart of the city and integrate the new precinct with Blackwattle Bay and the new Sydney Fish Market.

“This is a generational opportunity to build a new suburb on the city’s edge and open the harbour foreshore to the public for the first time in a century.”&nbsp;

Minister for Lands and Property Steve Kamper said the new Bays West Delivery Authority established by the Minns Government will turbocharge the development of Sydney’s newest suburb.

“The Authority is working at a record pace to deliver an international design competition, planning pathways and a financial model so that this development benefits Sydney with well-designed homes in a central location, close to public transport, jobs, entertainment and essential services.

“If we want Sydney to stay liveable and affordable, we need to be bold about using underutilised government-owned land to deliver homes for the future while making sure essential working harbour functions can be accommodated.”

Bays West Delivery Authority established to "turbocharge" Sydney’s newest suburb

Asic

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ASIC has obtained orders from the Supreme Court of Queensland appointing Mr Michael McCann of Grant Thornton as a provisional liquidator to five companies within the Benchmark Private Wealth Group. These are:
1.       Benchmark Private Wealth Pty Ltd;
2.       Benchmark Wealth Property Services Pty Ltd;
3.       Benchmark Private Wealth Holdings Pty Ltd;
4.       OSK Developments Pty Ltd; and
5.       Young Corporation (NSW) Pty Ltd.
ASIC applied for and obtained the orders on an ex parte basis as a part of an ongoing investigation into the Benchmark Private Wealth Group.
ASIC sought the orders due to solvency concerns about the companies and about their management by the director, Liam Young.
ASIC is also concerned about transactions entered into with a number of other companies which were a part of the Members Alliance Group and the director of those other companies, Richard Marlborough. 
Marlborough headed the Members Alliance Group.
Liam Young was once a lawyer at the Australian Securities and Investments Commission.  <img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2017/11/21/BENCHMARK.jpg" alt="" style="font-size: 12.16px;">
The orders require the provisional liquidator to provide a detailed report to the Court within 45 days that sets out, among other things, the financial position of each of the companies so the Court can consider whether it ought to make orders to wind up the companies.
The orders were made on 3 November 2017. No future court date has been set.
The Members Alliance Group was a group of companies operating on the Gold Coast which went into external administration in July 2016.
On 13 July 2017, Jason Bettles and Raj Khatri of Worrells themselves sought and obtained orders from the Supreme Court to be replaced as liquidators of a number of Members Alliance Group companies by Michael McCann of Grant Thornton.
Like the Members Alliance group, Benchmark spruiked house and land packages.
The Members Alliance Group operated a range of businesses, primarily throughout Queensland, including but not limited to, financial services, project marketing, construction and management and letting rights
Commencing Friday, 22 July 2016 the directors of the MAG placed certain entities within it into voluntary administration and liquidation with Jason Bettles and Raj Khatri (the “Former Liquidators”).
They were replaced by McCann.
McCann recently advised the earliest records obtained for MAG are as at July 2015 "at which time it appears that the company was insolvent as it was incurring recurring losses, was balance sheet insolvent and did not appear to have any ability to discharge its debts." 
The liquidator of 18 Members Alliance companies has sent a report to the Australian Securities and Investments Commission raising concerns about how the group ran up a $29 million debt to the Australian Taxation Office. 
The ATO and ASIC are part of the Phoenix Taskforce investigating Members Alliance.
 
 
 
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jonathanchancellor-7SQnKwU6yx

ASIC acts to appoint provisional liquidator to Liam Young's Benchmark Private Wealth companies

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The former Principal of Sherwin Financial Planners Pty Ltd and Chairman of Wickham Securities Ltd, Bradley Thomas Sherwin, was sentenced in the Brisbane District Court today to a total of 10 years imprisonment on 25 charges, brought by the Commonwealth Director of Public Prosecutions following an ASIC investigation arising out of the collapse of his financial planning business. 
On 5 September 2017, Mr Sherwin, 63, appeared in the Brisbane District Court, and pleaded guilty to:
<ul>
<li>twenty four  counts of fraud by dishonestly causing a detriment between May 2009 and December 2012 to the value of nearly $10million to a number of clients of Sherwin Financial Planners; and</li>
<li>one count of breaching his duties as a director of Wickham Securities between June 2010 and October 2010 by falsely reporting nearly $4.5m of loans made by Wickham had been repaid. (<a href="http://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2017-releases/17-300mr-principal-of-sherwin-financial-planners-pleads-guilty-to-fraud/" target="_blank" title="17-300MR Principal of Sherwin Financial Planners pleads guilty to fraud">17-300MR</a>)</li>
</ul>
Mr Sherwin was sentenced to 10 years imprisonment for the fraud charges with an eligibility date for parole fixed at 14 November 2021 and 12 months imprisonment for the breach of director's duties to commence on 14 November 2020.  This means Mr Sherwin will at least 4 years in prison before being eligible for release. 
At the time of committing the offences, Mr Sherwin was the Principal of Sherwin Financial Planners and the director of a number of other companies into which his client's funds were invested without their knowledge and consent (Sherwin group of companies).  Sherwin Financial Planners had been in operation since 1986, and by the time the Sherwin group of companies collapsed in January 2013, they owed nearly $60 million to approximately 400 clients. 
The court heard that Sherwin Financial Planners recommended their clients establish a self-managed superannuation fund into which their existing superannuation funds would be rolled. The client's superannuation funds were then held in a bank account. The bank carried out transactions as requested in email instructions received from Mr Sherwin or another authorised officer at Sherwin Financial Planners. ASIC commenced an investigation into the operation of the bank accounts. In September 2015, ASIC wrote to Sherwin clients advising of its concerns in relation to the processing of transactions in those bank accounts.
Leading up to 2009, the property developing financing aspects of Mr Sherwin's business began to suffer financial difficulties and they did not have sufficient funds available to meet ongoing financial commitments.  The financial difficulties continued until the companies were placed into administration in December 2012 and January 2013.  Prior to the companies being placed into administration, Mr Sherwin used client funds to meet interest payments or to make capital redemptions to other clients, pay for property purchases and construction costs on behalf of his own company, and occasionally to make payments the Australian Taxation Office on behalf of one of his companies.  By 2012, Mr Sherwin was constantly arranging for the transfer of money from one account to another to cover payments that were immediately due and that any plan he may have had to make good the shortfalls owed to his clients could not have been realised.
The court also heard there was a lack of disclosure from Mr Sherwin to his clients about how their money would be invested. 
In August and September 2010, Mr Sherwin arranged for another company to receive nearly $4.5m from Wickham Securities on the false premise that it needed to return funds to a deceased client.  The funds were then returned to Wickham Securities and falsely recorded as repayment of three non-performing loans.  The court heard that if Wickham Securities' Trustee, Sandhurst Trustees Limited became aware of the three non-performing loans, then it would have taken immediate action pursuant to the terms of the Trust Deed to demand repayment by Wickham Securities of the entire amount of debenture notes outstanding.
There were a number of former clients of Mr Sherwin present in court during the sentencing hearing, including three victims who chose to read out their Victim Impact Statement to the Court.  Nigel Jeffares said that as a result of losing all his superannuation, he now suffers from depression and other health issues and is unable to see his adult children and grandchild who live and work overseas. 
ASIC Commissioner John Price said ASIC would not tolerate this kind of misconduct.
"Mr Sherwin's actions caused great hardship to his clients and their families", he said.
"Today's outcome should serve as a warning to company directors and financial advisers who breach community standards - the consequences are severe."
The Commonwealth Director of Public Prosecutions prosecuted the matter.
Background
Wickham Securities was placed into administration on 21 December 2012 and liquidation on 6 February 2013, with Grant Sparks and David Leigh of PPB Advisory appointed as liquidators.  Following the execution of search warrants at the premises of Sherwin Financial Planners on 21 January 2013, a further seven companies associated with Mr Sherwin were placed in administration on 24 January 2013 and liquidation on 27 February 2013 (Sherwin Group). Stefan Dopking, Quentin Olde and Michael Ryan of FTI Consulting (previously Taylor Woodings) were appointed as liquidators. Those companies were:
<ul>
<li>Sherwin Financial Planners Pty Ltd (Sherwin)</li>
<li>DIY Superannuation Services Pty Ltd (DIY Super)</li>
<li>Wickham Capital Pty Limited</li>
<li>Astor Funds Pty Ltd</li>
<li>Reacroft Pty Ltd</li>
<li>Blue Diamond Investments Pty Ltd, and</li>
<li>SP Property Pty Ltd.</li>
</ul>
On 21 January 2013, ASIC also obtained interim injunctions in the Federal Court against Mr Sherwin and the Sherwin Companies, restraining them from dealing with money or property.  
In May 2016, ASIC permanently banned Mr Sherwin from providing financial services (refer: <a href="http://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-136mr-asic-permanently-bans-wickham-securities-chairman/" target="_blank" title="16-136MR ASIC permanently bans Wickham Securities Chairman">16-136MR</a>). 
In September 2016, the former Chief Executive Officer of Wickham Securities, Garth Peter Robertson, was sentenced to 5 years imprisonment after pleading guilty to various charged brought by ASIC, including fraud (refer: <a href="http://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-288mr-former-wickham-securities-ceo-jailed-for-five-years/" target="_blank" title="16-288MR Former Wickham Securities CEO jailed for five years">16-288MR</a>).
ASIC commenced an investigation into the operation of the bank accounts.  In September 2015, ASIC wrote to Sherwin clients advising of its concerns in relation to the processing of transactions on the Money Market Deposit Accounts. 
In June 2013, ASIC cancelled the registration of the auditor of Wickham Securities, Brian Kingston, after forming the view he failed to carry out or perform adequately and properly the duties of an auditor (refer: <a href="http://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2013-releases/13-156mr-wickham-auditor-removed-from-industry/" target="_blank" title="13-156MR Wickham auditor removed from industry">13-156MR</a>).
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jrobinson-rf4aSBido9

Bradley Sherwin, former Sherwin Financial Planner principal sentenced to 10 years in prison

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A Melbourne man, Andrew Cameron, appeared before the Melbourne Magistrates' Court today charged with one count of the common law offence of conspiracy to defraud, following an ASIC investigation. 
ASIC alleges that Mr Cameron conspired with others to defraud his employer, the Commonwealth Bank of Australia (CBA), by providing false documents and information in support of home loan applications.
The charges are linked to the hundred-million dollar loan fraud conspiracy uncovered by ASIC's investigation into Myra Home Loans.
ASIC alleges that the conspiracy involved approximately 121 loan applications and resulted in the CBA lending approximately $36,420,040.
The maximum penalty for the offence is 15 years' imprisonment.
Mr Cameron was not required to enter a plea and was bailed to appear before the Magistrates' Court at Melbourne on 2 February 2018.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
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j.ballantyne1990-6AQqhLzZaK

Myra Home Loans alleged fraud charge against Andrew Cameron

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Two South Australian property buyers have been defrauded out of $900,000 by scammers using bogus email details to pose as their conveyancers.
The Australian Institute of Conveyancers has referred it to the police.
The institute's South Australian CEO Rebecca Hayes said the scammers sent fake emails to conveyancers' clients last month with instructions on where to send large sums of money for their property settlements.
The cyber scammers intercepted regular emails to changing the bank account details.
"The client then pays money into what they believe is the conveyancer's trust account but unfortunately it's an account owned and operated by the cyber criminal and the money goes there and unfortunately disappears," Ms Hayes said.
Property buyers should verify trust account information before transferring money, and said the scam had claimed other victims interstate.
The scam has occurred previously in Western Australian earlier this year when a father and son buying a property south of Perth uncovered an email scam that could have cost them $200,000.
However, they noticed the email address was slightly different to their agency's and checked before confirming the request was fake.
But an elderly woman has been robbed of more than half a million dollars after scammers pretended to be her settlement agent and convinced her son to transfer cash into a bogus account.
The 83-year-old woman was one of six people targeted by similar cyber attacks in two months.
An email asked for $558,000 as the final payment for the property to be transferred into an account.
By the time the son realised it was fake, it was too late.
In August two clients of another western suburbs settlement agency lost $25,658 after emails were intercepted, and three payments towards property purchases were sent to scam bank accounts.
Rebecca Hayes said efforts were being made to recover the money but the SA scam could potentially cause a property settlement contract to become void if the funds could not be met within the settlement period.
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Settlement conveyancing con by scammers triggers warning to property sellers

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ASIC has permanently banned Victorian director Ermelia Suzanne Snoeks from engaging in credit activities and from providing financial services.
This followed an ASIC investigation that found Ms Snoeks:
<ul>
<li>failed to disclose a past criminal conviction in an application for an Australian credit licence by NBG Financial Pty Ltd (NBG), a company for which Ms Snoeks is the director;</li>
<li>lodged a false document in support of her being a fit and proper person in NBG's Australian credit licence application;</li>
<li>had previously been involved in false correspondence misrepresenting the fate of monies and in respect of her purportedly being legally represented; and</li>
<li>failed to disclose in an annual compliance certificate that NBG has ceased to be a member of an external dispute resolution scheme.</li>
</ul>
It was therefore determined that Ms Snoeks had contravened credit legislation and was not a fit and proper person to engage in credit activities or provide financial services to consumers.
NBG held an Australian credit licence between March 2011 and September 2016.
ASIC Deputy Chairman Peter Kell said, 'We expect information in support of a credit or financial services licence application to be truthful and contain all relevant material for us to assess an applicant's suitability to be authorised.  'Anyone who provides information that is false and incomplete, and designed to circumvent the safeguards in the licensing process, shows blatant disregard for the law. We will take steps to remove such a person from the industry'.
Ms Snoeks has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC’s decision.
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Victorian mortgage broker banned for past failures

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Allan Raad of Wentworthville, NSW and his brother-in-law Yousef Joseph Bazouni of Sandringham, NSW, have appeared in the Downing Centre Local Court on charges of breaching their director duties and fraudulently removing company assets.  ASIC alleges that Mr Raad dishonestly used his position as a director of Cornish Property Services Pty Ltd (the company) with the intention of indirectly gaining an advantage for himself and that he fraudulently removed property belonging to the company. It is also alleged that Mr Bazouni aided Mr Raad in these alleged offences.  The charges were brought against Mr Raad and Mr Bazouni following an ASIC investigation into the sale of the company assets shortly before it was placed in liquidation.  ASIC alleges that on 2 July 2011, Mr Raad sold some of the company assets to Mr Bazouni's company for $20,000.
Then, on 4 August 2011, Mr Bazouni on-sold some of those assets to an unrelated party for $176,000 and gave the proceeds to Mr Raad.
ASIC alleges that Mr Raad used the funds on personal expenses and to make preferential payments to creditors of the company to whom Mr Raad provided personal guarantees. However, Mr Raad did not make payments to other creditors of the Company. ASIC also investigated debtor payments that were owed to the Company. ASIC alleges that on 29 July 2011 and 11 August 2011 Mr Raad and Mr Bazouni redirected the debtor payments to Mr Bazouni's company. Once the money was received, Mr Bazouni transferred $21,000 to Mr Raad. Mr Raad placed the company into voluntary liquidation on 18 August 2011 having outstanding liabilities of $1,643,052.55, of which $1,115,197.12 was owed to unsecured creditors.  Messrs Raad and Bazouni appeared last week on 18 October 2017.
The matter was adjourned for mention to 21 November 2017 at the Downing Centre Local Court.
The Commonwealth Director of Public Prosecutions is prosecuting the matter.
<h2>Mr Raad has been charged with one count under s184(2) of the Corporations Act and two counts under s590(1) of the Corporations Act. Mr Bazouni has been charged with aiding and abetting Mr Raad in committing these offences pursuant to Clause 11.2(1) of the Commonwealth Criminal Code.</h2>
 The maximum penalty for a breach of s184(2) is 2000 penalty units or imprisonment for five years, or both.The maximum penalty for a breach of s590(1) is 100 penalty units or imprisonment for two years, or both.
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ASIC move against two directors 

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The government will recommend James Shipton, the head of a research centre at Harvard Law School, for the new chairperson’s role at the Australian Securities and Investments Commission (ASIC) for a five-year term. 
Shipton’s term is expected to start from February 1, 2018 and the 
In a statement, Minister for Revenue and Financial Services Kelly O’Dwyer said the government would recommend Shipton’s appointment to the Governor-General in Council.
“Shipton brings wide regulatory and financial market knowledge to the position, as well as international experience,” the statement said. 
He is currently the executive director of the Program on International Financial Systems at Harvard Law School. Prior to that, Shipton was executive director at Intermediaries Supervision and Licensing Division at the Hong Kong Securities and Futures Commission. 
He has held investment banking roles in Asia and Europe and commenced his professional career as a solicitor in Australia. 
“I look forward to Mr Shipton making a significant contribution to the important work of ASIC in promoting confidence in Australia’s financial system and protecting consumer interests as the incoming Chair,” the statement said.
Minister Kelly O’Dwyer also commended outgoing chair Greg Medcraft for his role at the ASIC.
“Mr Medcraft has overseen significant changes in ASIC’s role during his tenure, including reforms to improve the quality of financial advice and financial literacy, and the establishment of a national business names register,” she said in the statement.
Peter Kell, the current deputy chair, will be the acting chair after Medcraft’s term ends on 12 November 2017 till the time Shipton takes over.
Earlier, the Federal Opposition had said it would oppose the appointment of former banker, John O’Sullivan, as the new chairman.
Both the Shadow Treasurer, Chris Bowen and the Shadow Minister for Financial Services, Senator Katy Gallagher said the party would not be support O’Sullivan’s appointment were it to be formally put forward by the Government.
 
 
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Government names new ASIC chair to succeed Greg Medcraft 

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The Australian Securities and Investments Commission has found that major banks have cut back their interest-only lending by $4.5 billion over the past year. 
However, other lenders have partially offset this decline by increasing their share of interest-only lending.
The 16 lenders reviewed by ASIC provided $14.3 billion in interest-only loans to owner-occupiers in the June 2017 quarter, down from $19 billion in the September 2015 quarter.
Announced in April 2017, the review looked into whether lenders and mortgage brokers are inappropriately recommending more expensive interest-only loans.
“With many lenders, including major lenders, charging higher interest rates for interest-only loans compared with principal-and-interest loans, lenders and brokers must ensure that consumers are not provided with unsuitable interest-only home loans,” said the ASIC media release.　
The watchdog’s first stage of its review involved data collection from 16 home loan providers (including large banks, mid-tier and smaller banks, and non-bank lenders).
The lending review has also found:
<ul>
<li>Borrowers who used brokers were more likely to obtain an interest-only loan compared to those who went directly to a lender</li>
<li>Borrowers approaching retirement age continue to be provided with a  significant number of  interest-only owner-occupier loans</li>
</ul>
The second stage of its review will include individual loan files from both lenders and mortgage brokers. 
ASIC will examine individual loan files to ensure that lenders are providing interest-only home loans in appropriate circumstances. 
It will carefully review cases where owner-occupiers have been provided with more expensive interest-only home loans, to ensure that consumers are not paying for more expensive products that are unsuitable.
Lenders and brokers are required to make sure that a loan meets the requirements and objectives of a consumer, in addition to making sure that the loan is affordable. 
“Lenders and brokers must have a reasonable basis for suggesting that a consumer apply for a particular loan product, and no consumer should be surprised by the type of home loan product that they have obtained,” the release said.
In providing the update, ASIC Deputy Chair Peter Kell said he expected lenders offering these types of loans to be making thorough enquiries into the financial status and the needs of their clients:
"The spotlight has been firmly on interest-only lending for some time, and there are no excuses for lenders and brokers not meeting their legal obligations," he said.
"While interest-only loans may be a reasonable option for some borrowers, lenders must make appropriate enquiries into the needs and financial circumstances of their customers, and they must be able to demonstrate that they have done so."
ASIC will consider appropriate enforcement action if breaches of the law are identified.
ASIC collected data from the following lenders covering their interest-only lending activities over the last two years:
<ul>
<li>Australia and New Zealand Banking Group Limited</li>
<li>Australian Central Credit Union Ltd (trading as People's Choice Credit Union)</li>
<li>Bank of Queensland Limited</li>
<li>Bendigo and Adelaide Bank Limited</li>
<li>Citigroup Pty Limited</li>
<li>Commonwealth Bank of Australia</li>
<li>ING Bank (Australia) Limited</li>
<li>La Trobe Financial Services Pty Limited</li>
<li>Liberty Financial Pty Ltd</li>
<li>Macquarie Bank Limited</li>
<li>Members Equity Bank Limited</li>
<li>National Australia Bank Limited</li>
<li>Pepper Group Limited</li>
<li>Suncorp-Metway Limited</li>
<li>Teachers Mutual Bank Limited</li>
<li>Westpac Banking Corporation</li>
</ul>
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Major banks cut back interest-only lending by $4.5 billion over past year: ASIC

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The Australian Securities and Investments Commission has remade Class Order Mortgage schemes – Chapter 5C and disclosure relief, which was due to expire on October 1.
The new instrument, ASIC Corporations (Mortgage Investment Schemes) Instrument 2017/857, continues to provide:
<ul>
<li>scheme registration, licensing, disclosure, and hawking relief for certain small-scale schemes with no more than 20 members;</li>
<li>scheme registration relief in relation to individual mortgages in a scheme; and</li>
<li>withdrawal-related relief for individual mortgages in a scheme.</li>
</ul>
ASIC has temporarily extended the relief for small, industry-supervised schemes. The Legal Profession Uniform Law as it applies to the promotion and operation of managed investment schemes by law practices is due to come into force on 1 July 2018. 
The regulator said it will review the extension within 12 months of issue and assess whether it should be remade and, if so, whether it is operating effectively and efficiently.
ASIC has not continued the transitional 'run-out' relief as it was no longer necessary.
The relief was remade following public consultation in Consultation Paper 287 Remaking ASIC class order on mortgage schemes and proposed relief for multiple withdrawal periods (CP 287), issued in June 2017.
All respondents were supportive of the proposals in CP 287. ASIC has included material in the explanatory statement for the new instrument to provide clarity regarding:
<ul>
<li>the status of the temporarily extended, industry-supervised scheme relief if section 258 of the Legal Profession Uniform Law comes into effect; and</li>
<li>the scope of the withdrawal-related relief for individual mortgages in a scheme.</li>
</ul>
Under the Legislation Act 2003, all class orders are repealed automatically or 'sunset' after a period of time (mostly 10 years) unless we take action to preserve them. 
All government organisations are responsible for considering whether the legislative instruments they have made that are due to sunset will be relevant after their sunset date.
 
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ASIC remakes 'sunsetting' class order about mortgage schemes

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The Federal Opposition has formally signalled it will be opposing any appointment of former banker, John O’Sullivan, as the new chairman of the Australian Securities and Investments Commission (ASIC).
Both the Shadow Treasurer, Chris Bowen and the Shadow Minister for Financial Services, Senator Katy Gallagher said the party would not be support O’Sullivan’s appointment were it to be formally put forward by the Government.
“Labor makes it very clear, we will not support Mr O'Sullivan's appointment, should it proceed,” Bowen and Gallagher said in a statement.
The term of current ASIC chairman Greg Medcraft expires in November.
Mr O'Sullivan is currently chairman of Credit Suisse's local investment bank. He was previously General Counsel of the Commonwealth Bank of Australia and a partner at Freehills.
“Labor does not do this lightly," their statement said.
"We do this in light of our most serious concerns and our respect for the importance of ASIC's independence.”
It said the reputation of the corporate regulator and its leadership team had to be beyond reproach.
The mooted appointment emerged in June this year when canvassed by the Rear Window column in The Australian Financial Review.
“On 24 June this year, in response to earlier reports that this appointment was receiving serious consideration by the Turnbull Government, Federal Labor provided a clear warning on appointing such a partisan figure linked to the Utegate affair which clearly tainted Malcolm Turnbull, to such an important economic institution.”
“There were emails released as part of the investigations into the Utegate affair which showed contact between Mr O’Sullivan, then Chairman of Credit Suisse’s Australian investment banking operations, and disgraced Treasury official Godwin Grech,” the statement said.
“Mr O’Sullivan has been a Liberal Party member in Mr Turnbull’s electorate, a President of the Liberal Party’s Wentworth federal electoral conference and previously donated to Mr Turnbull’s Wentworth Forum.”
“Australia has well-respected economic regulators based on a tradition of non-partisan appointments,” the joint statement said.
“The Australian Securities and Investments Commission has a vital role to play in regulating financial conduct and protecting Australian consumers and the last thing it needs is this sort of controversy fixing itself upon ASIC’s leadership team.”
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