Sydney-based fund manager and developer EG is seeking to turn part of the former Roche pharmaceutical campus in Cromer into a 130-home residential community, introducing a mix of low-rise apartments, townhouses and duplexes to the tightly held Northern Beaches market.

The SJB-designed masterplan has been prepared for the 3.2-hectare site at <a href="https://www.apartments.com.au/new-apartments/100-south-creek-road-cromer-nsw-2099">100 South Creek Road</a>, part of the former Roche landholding that EG acquired for $55 million in 2017 through its Yield Plus Infrastructure Fund No. 2.

EG is proposing what SJB describes as a new "urban village" set within the site's significant existing tree canopy.

<img alt="Cromer" data-entity-type="file" data-entity-uuid="482c9a58-49f1-4c53-a12e-aaa02336229f" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-24%20at%2011.20.57%E2%80%AFAM.png?VersionId=hZP8_XfPnfNq500dbcjlpVwYU1ebhF9_" />

Around three hectares of the site is considered developable, with the balance incorporating a riparian corridor that would be rehabilitated and revegetated as part of the proposal.

The indicative masterplan comprises approximately 72 apartments in low-rise residential buildings and another 58 townhouses and duplexes.

The apartment component would include around five one-bedroom, 37 two-bedroom and 30 three-bedroom residences, while the townhouse and duplex component would be spread across several different housing typologies. The overall scheme would deliver around 19,500 sqm of gross floor area at an FSR of 0.6:1.

Parking for the apartment component is currently estimated at around 112 resident spaces and 14 visitor spaces, while the townhouse and duplex component would have 116 resident and 12 visitor spaces.

A significant part of the masterplan revolves around retaining the established landscape character of the former Roche campus.

SJB's plans show heavily treed setbacks along both Campbell Avenue and South Creek Road, a centrally located collection of significant native and exotic trees retained as communal open space, and the regeneration of the northern bushland area.

The existing creek corridor along the site's western edge would also be rehabilitated and revegetated, creating additional separation between the new homes and the neighbouring Northern Beaches Business Park.

A heritage-listed cottage and its garden setting would be retained and restored, with SJB flagging its potential adaptive reuse as communal space.

The proposal also includes new communal recreation areas, pedestrian connections to Campbell Avenue and South Creek Road, and a contribution toward improvements to the adjoining Michele Reserve.

Vehicular access would be restricted to South Creek Road, with no vehicle entry proposed from Campbell Avenue. The main internal road would largely follow the site's existing driveway to minimise the impact on established trees.

SJB said residential redevelopment presented an opportunity to retain the majority of the site's heritage-listed mature trees while delivering a broader range of housing types than typically seen across the Northern Beaches.

"The site being 3.27 hectares in area represents one of the largest vacant sites in common ownership in the Cromer and Dee Why area capable of residential renewal," SJB noted in the masterplan.

The architect said the proposal would particularly target housing diversity through townhouses and other "missing middle" typologies suitable for singles, young families, downsizers and retirees.

<img alt="Cromer" data-entity-type="file" data-entity-uuid="e3f5d841-8491-427e-8ada-c70d3d03d6bc" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-08-24%20at%2011.21.02%E2%80%AFAM.png?VersionId=xTV7r.q8lrTzC9vKzMS9zMbjm9wKwhgm" />

The site emerged following the subdivision of the former Roche campus into eastern and western parcels.

EG has already transformed the western portion into the Northern Beaches Business Park, which incorporates heritage-listed office space, modern warehouses and indoor recreation facilities.

The proposed residential community, referred to as Cromer East in SJB's plans, adjoins established housing to the north, east and south-east, while the business park sits beyond the creek corridor to the west.

It is also within 250 metres of Pittwater House School and Northern Beaches Secondary College, while bus stops within a three-to-five-minute walk provide connections to Dee Why, Brookvale and express services to the Sydney CBD. Cromer Park and the South Creek open space corridor are also nearby.

EG acquired the broader 7.5-hectare former Roche campus in 2017 for $55 million through its Yield Plus Infrastructure Fund No. 2. The campus at the time comprised more than 25,000 sqm of industrial and office buildings set within landscaped grounds.

The current residential site represents the eastern portion of that original holding.

EG's investment strategy for the fund has centred on acquiring income-producing real estate with longer-term rezoning and repositioning potential, particularly assets benefiting from infrastructure and changing land-use patterns.

EG also has an established residential track record across Sydney, including Bosco in Five Dock, Tempo in Drummoyne, The Flour Mill in Summer Hill and Pindari in Randwick.

The developer says it has delivered more than 1,000 homes to date, with a further 3,000-plus residences across its development pipeline.

Joel Robinson

First look: EG plans 130 apartments on former Roche pharmaceutical campus in Cromer

<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;

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

Asic

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MyState Bank Limited (MyState), a Tasmanian bank, has refunded more than $230,000 in over-charged interest and fees to more than 1,040 customers with mortgage offset accounts.
Following a customer complaint, and after a review of its accounts, MyState found that some customers:
<ul>
<li>Did not have their offset accounts linked to their mortgages – meaning that they were over-charged interest</li>
<li>Were charged ‘offset account’ fees after their loan had been discharged or changed to a kind that could not be linked to an offset account.</li>
</ul>
This was due to errors in MyState’s manual administration processes, including failures to link loans and offset accounts, and failures to deal with offset accounts when loans were switched or discharged.
The matter was reported to ASIC by MyState.
MyState has worked with ASIC to refund customers and improve its internal processes, including by ensuring employees have appropriate account administration training.
"Banks need to ensure that their products are delivering the benefits that they are promoting," ASIC Deputy Chair Peter Kell said.
"This is another example of a single customer complaint revealing a systemic issue, and we are pleased that MyState has taken the appropriate action in response."
MyState has contacted customers who are eligible for a refund. Customers who have questions about their accounts should contact MyState on: 138 001.
MyState is a wholly owned subsidiary of MyState Limited, a national diversified financial services group headquartered in Tasmania.
The breach was detected when a customer enquired about their accounts being linked. MyState conducted a review of accounts set up in a similar manner.
MyState found customers with loans and unlinked offset accounts, customers with offset accounts but no loans, and customers with offset accounts together with ineligible loan products.
</body></html>

j.ballantyne1990-6AQqhLzZaK

MyState refunds more than $230,000 of over-charged fees and interest

<html><body>
Financial Choice Pty Ltd (Financial Choice), an Australian financial services provider, has paid two ASIC infringement notice penalties totalling $21,600, after making misleading representations in marketing emails sent to consumers and on its website.
The first infringement notice related to a representation made by Financial Choice in bulk emails the company sent to around 215,000 consumers in 2016.
The emails falsely stated that Financial Choice had been asked by the consumer’s superannuation fund to conduct a survey about their superannuation. 
The second infringement notice related to misleading representations on the website findmysuper.com.au, which is operated by Financial Choice. 
ASIC considered that those representations would lead consumers to believe that they needed to use Financial Choice’s services to:
<ul>
<li>find their lost superannuation for free; and</li>
<li>maintain contact with their superannuation fund while overseas. </li>
</ul>
The representations were false and misleading given the other ways consumers can search for lost superannuation (including the free service offered by the Australian Taxation Office), and maintain contact with their superannuation fund.
As a result of ASIC’s concerns, Financial Choice has:
<ul>
<li>agreed to stop sending communications that state or imply that Financial Choice is seeking consumers’ opinions because superannuation funds have asked it to do so; and</li>
<li>removed the misleading statements from the Find My Super website.</li>
</ul>
ASIC Deputy Chair Peter Kell said, “Consumers can be heavily influenced by promotional materials published by financial services providers.
“For this reason, ASIC will continue to take action where we believe those materials are misleading. 
“Firms must ensure their marketing materials and promotional statements are based on fact.”
Under the ASIC Act, a person involved in the supply or promotion of financial services must not make false or misleading representations:
<ul>
<li>that services have sponsorship, approval, performance characteristics, uses or benefits (s 12DB(1)(e));</li>
<li>that the person making the representation has a sponsorship, approval or affiliation (s 12DB(1)(f)); or</li>
<li>concerning the need for any services (s 12DB(1)(h)).</li>
</ul>
The payment of an infringement notice is not an admission of a contravention of the ASIC Act consumer protection provisions.
ASIC can issue an infringement notice where it has reasonable grounds to believe a person has contravened certain consumer protection laws.
ASIC has taken action for false and misleading online-representations against other entities.
</body></html>

Financial Choice pays $21,600 in penalties for false and misleading representations

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ASIC has permanently banned Ms Thuy Thi VU, a former finance analyst in Darwin, NT from the credit and financial services industries.
Ms Vu, a former finance analyst in the Darwin branch of Alldrive Holdings Pty Ltd, trading as United Financial Services (WA), was convicted on nine charges of submitting false or misleading information to Esanda in support of loan applications.
ASIC's investigation found that Ms Vu changed loan applicants' postcodes from remote to suburban postcodes and submitted the applications.
Generally, the loan applicants had been referred to United Financial Services WA (UFS) for finance by car yards in the Northern Territory as they were seeking finance.
ASIC Deputy Chair Peter Kell said, “Dishonest conduct exposes consumers and credit providers to financial risk. ASIC will not hesitate to take banning action to remove those engaging in misleading conduct from the industry”.
Ms Vu has the right to appeal to the Administrative Appeals Tribunal (AAT) for a review of ASIC's decision.
ASIC's investigation found that between June and August 2015, Ms Vu submitted nine loan applications containing false information and documents relating to the borrower's residential address postcode.
The loans were approved and disbursed, totalling $238,069.
The false information resulted in loans being approved that the lender would otherwise have rejected or referred for further assessment.
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ASIC permanently bans former Northern Territory finance analyst for suburb postcode switch

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The Australian Securities and Investment Commission (ASIC) has banned Perth financial adviser Jason Sean Atkins from providing financial services for a period of three years.
ASIC found that Mr Atkins provided advice to clients to establish a self–managed superannuation fund (SMSF) and use limited recourse borrowing arrangements to fund the purchase of real property that was in breach of the best interests duty introduced under the Future of Financial Advice (FOFA) reforms.
ASIC Commissioner John Price said financial advisers must act in the best interests of their clients.
“ASIC is committed to improving conduct in the wealth management industry and we will act to remove individuals who do not live up to the high standards expected of financial advisers," he said.
ASIC found that in providing advice Mr Atkins had failed to act in the best interests of four clients.
ASIC was not satisfied that Mr Atkins:
<ul>
<li>had identified the subject matter of the advice</li>
<li>a reasonable investigation into the financial products that might achieve  the objectives and meet the needs of the client that would reasonably be considered as relevant to advice on that subject matter</li>
<li>understood what was required of him to comply with the best interest duty.</li>
</ul>
This banning should serve to remind financial advisers of Regulatory Guide 175 Licensing: Financial product advisers – conduct and disclosure (RG 175) which includes guidance on complying with the best interest duty and satisfying the 'safe harbour'.
In particular ASIC highlights the following elements of the 'safe harbour', which are relevant even when a client expresses a specific preference for a particular strategy or financial product;
<ul>
<li>identification of the subject matter of the advice sought by the client (whether explicitly or implicitly); and</li>
<li>if it would be reasonable to consider recommending a financial product:</li>
<li>to conduct a reasonable investigation into the financial products that might achieve the objectives and meet the needs of the client that would reasonably be considered relevant to advice on that subject matter; and</li>
<li>to assess the information gathered in the investigation.</li>
</ul>
ASIC's MoneySmart website has useful information on SMSFs and property.
Mr Atkins has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.
Mr Atkins was a former authorised representative of Magnitude Group Pty Ltd (Magnitude), a subsidiary of Westpac Banking Corporation (Westpac) from 11 May 2015 to 11 December 2015.
Mr Atkins was appointed by a corporate authorised representative of Magnitude called Wealth Plus Solutions Pty Ltd.
Prior to this Mr Atkins was an authorised representative of Genesys Wealth Advisers Limited from 14 June 2013 to 8 May 2015.
The banning of Mr Atkins 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</li>
<li>seeking regulatory outcomes, where appropriate, against licensees and advisers.</li>
</ul>
As part of its Wealth Management Project, ASIC has banned 34 advisers from the financial services industry.
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ASIC bans former Magnitude Group adviser over SMSF advice

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ASIC has reported the Federal Court of Australia has ordered the winding up of 18 companies associated with the Macro Group, all of which have Desiree Veronica Macpherson as a director.
The companies are:
<ol class="ol1">
<li class="li1">AGKM Green Pty Ltd;</li>
<li class="li1">BA Sullivan Pty Ltd;</li>
<li class="li1">Christians Holdings WA Pty Ltd;</li>
<li class="li1">Ferrous Ferric Pty Ltd;</li>
<li class="li1">Macpherson Realty Options Pty Ltd;</li>
<li class="li1">Splendiferous Enterprises Pty Ltd;</li>
<li class="li1">Aiple Enterprises Pty Ltd;</li>
<li class="li1">Brayst WA Pty Ltd;</li>
<li class="li1">Chippere Pty Ltd;</li>
<li class="li1">EDWY14 WA Pty Ltd;</li>
<li class="li1">MCKST Pty Ltd;</li>
<li class="li1">Newkins WA Pty Ltd;</li>
<li class="li1">Kurst WA Pty Ltd;</li>
<li class="li1">MRF Kurra Pty Ltd;</li>
<li class="li1">Dee Vee Enterprises Pty Ltd;</li>
<li class="li1">Hedland Projects Pty Ltd;</li>
<li class="li1">Macro Projects TS PH Pty Ltd; and</li>
<li class="li1">Prime Holdings Group Pty Ltd.</li>
</ol>
Justice Barker made the orders to wind up the companies on the grounds that it would be just and equitable to do so, appointing Mr Hayden Leigh White and Mr Matthew David Woods of KPMG as joint and several liquidators of all 18 companies.
ASIC has concerns that the companies have been involved in multiple breaches of the Corporations Act, were not being properly managed and were potentially insolvent.
The winding up of the companies is part of ASIC's ongoing investigation into a number of land developments in the Pilbara region of Western Australia.
In its application, ASIC alleged that the companies were connected with fundraising efforts for property developments associated with the Macro Group, including The Newman Estate.
ASIC had previously obtained orders appointing Mr White and Mr Woods as liquidators of six central companies within the Macro Group, being:
<ol class="ol1">
<li class="li1">Macro Realty Developments Pty Ltd;</li>
<li class="li1">Macro Realty Developments AFSL Pty Ltd;</li>
<li class="li1">Macro All State Investments and Securities Ltd;</li>
<li class="li1">Pilbara Property Developments Pty Ltd;</li>
<li class="li1">Macro Realty Pty Ltd, and</li>
<li class="li1">511 GTN Pty Ltd </li>
</ol>
Background
One of the companies named in ASIC's original application for wind up orders, Macoften Pty Ltd, has, subsequent to ASIC's application, been wound up by another party. Consequently, ASIC's own application to wind up Macoften was discontinued.
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jonathanchancellor-7SQnKwU6yx

Federal Court orders winding up of 18 companies associated with Macro Group: ASIC

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ASIC has commenced proceedings in the Federal Court of Australia to wind up a land banking scheme known as the VKK Investments Unit Trust (VKK scheme), as well as the trustee and operator of the scheme, Gem Management Group Pty Ltd (Gem).
The VKK scheme owns land located at 64 Hutton Road, Keysborough in Victoria.
ASIC understands that around 125 investors have invested a total of approximately $22 million into the VKK scheme.
Gem has operated the VKK scheme since May 2010.
ASIC alleges that the VKK scheme constitutes a managed investment scheme which has not been registered, in contravention of the Corporations Act 2001(Act).
ASIC also alleges that Gem, which does not hold an Australian Financial Services licence, has also breached the Act by operating an unregistered managed investment scheme.
ASIC is seeking to appoint liquidators to both the VKK scheme and Gem.
Gem and the VKK investors will have the opportunity to make submissions to the Court in relation to ASIC's application.
These proceedings are part of ASIC's wider and ongoing investigation into land banking schemes. 
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ASIC takes action to wind up land banking scheme and its operator

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ASIC has intervened in relation to 21 superannuation trustees, representing 15 per cent of the trustee population, to improve 'Transparency Information' (TI) on their super fund websites.
Under s29QB of the Superannuation Industry (Supervision) Act 1993 (SIS Act), each superannuation fund must disclose TI on a website and keep it up to date at all times.
TI comprises remuneration, governance and other information related to the fund; for example trustee directors’ remuneration for the last two financial years, fund trust deeds and product disclosure statements, a summary of significant event notices sent to fund members in the last two years and a summary of how the trustee voted in the last financial year in relation to listed shares held by the fund.
ASIC's action follows an earlier review of transparency disclosure requirements introduced as part of the Stronger Super reforms (refer: 15-245MR), and a broader focus on ensuring superannuation trustees deliver transparent and accessible superannuation fund information.
Twenty-one super fund websites were identified as failing to meet TI requirements. Two of the super funds had assets exceeding $10 billion while the remaining 19 were smaller funds.
ASIC Deputy Chairman Peter Kell said the economic significance of superannuation meant that information about the superannuation industry should be transparent, both for fund members and gatekeepers such as analysts, advisers and journalists.
'ASIC's expectation is that super fund websites should be easily found by searching on the fund's name using an Internet search engine and that the website homepage should prominently point to the Transparency Information', Mr Kell said.
The transparency deficiencies identified in ASIC's review comprised:
<ul>
<li>no super fund website (10 funds);</li>
<li>no TI on the fund website (four funds);</li>
<li>no remuneration information (five funds); and</li>
<li>remuneration disclosed in bands, rather than for each individual executive officer (two funds).</li>
</ul>
ASIC wrote to the trustees of the 21 super funds asking them to address these transparency failures.
As a result, seven trustees disclosed the required information, five made it easier to find the information and trustees of two small funds, who did not have websites, sought relief from TI obligations.
Seven trustees transferred fund members to another fund before winding up the fund. Two trustees also improved their procedures for ensuring that TI is up to date.
Table 1 sets out the results according to TI failure type.
<a href="https://www.propertyobserver.com.au/images/2017/07/05/Screen%20Shot%202017-07-05%20at%209.59.37%20am.jpg" target="_blank">Click to enlarge</a>
<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/2017/07/05/Screen%20Shot%202017-07-05%20at%209.59.37%20am.jpg" alt="">
ASIC has received applications for relief from TI obligations from two trustees that were in breach of the requirement to have a website, but no relief has been granted at this stage.
ASIC cannot give relief for breaches that have already taken place and will consider what further action may be necessary here.
'ASIC's expectations about effective disclosure that complies with the TI requirements are addressed in new MySuper FAQ D7, our earlier media release 15‑245MR ASIC reviews transparency information on super websites and other ASIC MySuper FAQs.
‘We encourage trustees to familiarise themselves with this guidance when designing or updating their super websites', Mr Kell said.
Regulations 2.37 and 2.38 of the Superannuation Industry (Supervision) Regulations 1994 specify what TI must include.
Failure to comply with TI obligations is a strict liability offence.
The 21 super funds where TI deficiencies were identified represented approximately 8 per cent of APRA-regulated funds (that are not small APRA funds).
ASIC has given industry relief and guidance in relation to the timing of the provision of information under s29QB (refer: Regulatory Guide 252 Keeping superannuation websites up to date).
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ASIC acts to improve transparency of super websites

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ASIC has applied to the Supreme Court of Queensland for an order that Octaviar IHH Pty Ltd (deregistered) (OIHH) be reinstated as a company under the Corporations Act 2001 (Act).
It also called for orders to wind up OIHH, Octaviar Investment Holdings (No 3) Pty Ltd (OIH3), Erskine House Developments Pty Ltd (EHD) and Sunleisure Pty Ltd (SPL) on just and equitable grounds (companies).
Each of the companies is a member of the Octaviar Group of companies of which the ultimate holding company is Octaviar Limited (in liquidation) (formerly known as MFS Limited).
ASIC is concerned that OIH3, EHD and SPL are contravening provisions of the Act, including the requirement for a proprietary company to have at least one director.
ASIC has applied for the Court to appoint Andrew Fielding and Helen Newman, of BDO Australia, as joint and several liquidators of the companies.
The matter is listed for hearing in the Supreme Court of Queensland on 22 June 2017.
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ASIC seeks orders to wind up Octaviar Group companies

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The Supreme Court of Queensland has disqualified former officers and the funds manager of MFS Investment Management Limited (MFSIM) from managing corporations for, ranging from a permanent ban down to five years, and imposed total penalties ranging from $90,000 to $650,000.
The Court ordered the former officers pay up to $205,755,601 in compensation to PIF and the majority of ASIC's costs.
In May 2016, the court found that Michael Christodoulou King, Craig Robert White, David Mark Anderson, Guy Hutchings and Marilyn Anne Watts had collectively committed 217 contraventions of the Corporations Act.
The breaches were committed in relation to their involvement in the misappropriation of $147.5 million of funds that had been held by the managed investment scheme known as the Premium Income Fund (PIF) on behalf of unitholders. The misappropriated funds were used to pay debts owed by other related entities in the MFS Group (which was subsequently known as Octaviar). The MFS Group collapsed in 2008 owing $2.5 billion.
Today the court ordered:
Michael Christodoulou King (former Chief Executive Officer (CEO) and Director of MFS Ltd) be disqualified from managing corporations for 20 years, pay a pecuniary penalty of $300,000, pay $177,017,084 compensation to PIF and 60% of ASIC's costs. 
Craig Robert White (former Deputy CEO (and for a short period, CEO) and director of MFS Ltd and MFSIM) be permanently disqualified from managing corporations, pay a pecuniary penalty of $650,000, pay $205,755,601 compensation to PIF and 70% of ASIC's costs. 
Guy Hutchings (former CEO and director of MFSIM) be disqualified from managing corporations for 25 years, pay a pecuniary penalty of $350,000, pay $28,738,517 compensation to PIF and 70% of ASIC's costs. 
David Mark Anderson (former CFO and Company Secretary of MFS Ltd) be disqualified from managing corporations for 25 years, pay a pecuniary penalty of $500,000, pay $205,755,601 compensation to PIF and 80% of ASIC's costs. 
Marilyn Anne Watts (former funds manager of MFSIM) be disqualified from managing corporations for five years, pay a pecuniary penalty of $90,000 and 40% of ASIC's costs.
Justice Douglas endorsed ASIC's view that legal requirements 'were flagrantly ignored' and that the penalties 'should reflect the complete disregard which these defendants had to to their duties under the Corporations Act.'
"(ASIC's) submissions were justified. The insouciant attitude of the defendants to this misuse of money intended to be used for PIF's investors beggars belief,' he said.
ASIC Commissioner John Price said the substantial disqualifications from managing corporations and pecuniary penalties imposed by the Court reflect the seriousness with which courts view abuses by directors and senior managers of corporations who occupy positions of substantial trust in the investment community - in this case their obligations to protect the assets of the PIF. To say the least, the Court's judgment demonstrates that this trust was most seriously abused in this case.
As the responsible entity for the PIF, MFSIM and its directors and officers, were required to operate the fund with care and diligence and in the best interests of the members of the fund. In breach of their duties, the directors and officers of MFSIM attempted to justify the use of the misappropriated funds by falsifying and backdating company documents during the period between November 2007 and February 2008.
Background
MFS Ltd was a publicly listed company with interests in financial services, travel and leisure and childcare businesses that was based on the Gold Coast.
MFSIM was an unlisted public company and wholly owned subsidiary of MFS Ltd (now in liquidation). MFSIM was the responsible entity for a number of unlisted managed investment schemes, including the PIF.
The PIF was an unlisted managed investment scheme which offered investments to retail and wholesale investors through a product disclosure statement. A significant number of the investors in the PIF were self-managed superannuation funds.
In late 2009, ASIC commenced its civil penalty proceeding against MFSM and the four former officers and a funds manager.
In the proceedings, ASIC alleged that:
In November 2007, officers of MFSIM caused the PIF to transfer $130 million to MFS Administration Pty Ltd (MFS Admin). From those funds, MFS Admin paid a debt of $103 million owed by another MFS Ltd subsidiary to Fortress Credit Corporation (Australia) Pty Ltd.
In December 2007, officers of MFSIM caused the PIF to transfer $17.5 Million to MFS Pacific Finance Ltd (Pac Fin), a New Zealand registered company and now known as OPI Pacific Finance Ltd (Receivers and Managers Appointed (Liquidator appointed).
After the funds had been transferred, the officers and the fund manager of MFSIM created and used false documents in relation to the use of the funds
The funds were used for a purpose that did not benefit the PIF and the PIF suffered loss as a consequence of their actions.
The trial in respect of the liability aspect of the proceedings was concluded on 12 September 2014 after 60 days of hearing, excluding interlocutory hearings and appeals.
On 23 May 2016, the Supreme Court of Queensland found that the four former executives and the funds manager of MFSIM had acted dishonestly in their roles.
The hearing on final orders and penalties was heard between 14 and 17 October 2016 and the decision was reserved.
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Queensland Supreme Court penalises dishonest MFS officers and funds manager

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ASIC has released a consultation paper proposing to remake a class order due to expire in 2018.
The instrument ASIC proposes to remake without significant changes is Class Order [CO 02/1176] Credit union member shares.
ASIC says it considers this instrument is operating effectively and efficiently and continues to form a necessary and useful part of the legislative framework.
"The fundamental policy principles that underpin the class order have not changed. No substantive changes are proposed," ASIC said.
"<a href="https://asic.gov.au/regulatory-resources/find-a-document/consultation-papers/cp-283-remaking-asic-class-order-on-credit-union-member-shares-co-021176/" target="_blank">Consultation Paper [283]</a> Remaking ASIC class order on credit union member shares: [CO 02/1176] (CP 283) outlines the class order proposed to be remade as a new instrument and our rationale for remaking it."
The existing class order gives relief from:
AFS licensing and disclosure requirements in relation to the provision of financial product advice and dealing in ‘member shares’
The requirement to give information to members confirming the issue or redemption of these kinds of shares
The only proposed material change to the substance of the relief in [CO 02/1176] is the removal of relief in relation to dealing in member shares. We do not consider that this relief is necessary because credit unions may already be able to rely on the exemption in paragraph 766C(4) of the Corporations Act.
Submissions on <a href="https://asic.gov.au/regulatory-resources/find-a-document/consultation-papers/cp-283-remaking-asic-class-order-on-credit-union-member-shares-co-021176/" target="_blank">CP 283</a> are due on 23 June 2017.
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