Malaysian developer <a href="https://www.apartments.com.au/developers/s-p-setia">SP Setia</a> is the latest to jump into St Leonards booming Transport Oriented Development precinct.

The developer, which has previously delivered Sapphire by the Gardens apartment development in Melbourne, identified the Atchison Street site in 2023. It filed a Scoping Report around 12 months ago, and now has revealed the designs for the new&nbsp;40-storey mixed-use tower.

The State Significant Development Application covers <a href="https://next-portal.urban.com.au/projects/14650/summary">20-22 Atchison Street</a>, a 1,374 sqm site positioned between St Leonards Station and the new Crows Nest Metro station.

Designed by <a href="https://www.apartments.com.au/architects/cox-architecture">COX Architecture</a>, the project would deliver 181 apartments, above a four-storey commercial podium, five basement levels, and new public domain works along Mitchell Street. The apartment mix comprises 35 one-bedroom apartments, 39 one-bedroom-plus-study apartments, 85 two-bedroom apartments, and 22 three-bedroom residences.

The proposal has been lodged as a shop-top housing development under the NSW Government’s TOD planning pathway, which allows increased density around key transport infrastructure. The site sits within the recently rezoned Crows Nest Accelerated TOD Precinct.

<img alt="First look: SP Setia targets St Leonards skyline with 40-storey TOD tower" data-entity-type="file" data-entity-uuid="b799673d-48e2-46b0-801a-0e33a9330100" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/atchinson%20site.png?VersionId=dPh0UfwfaHpbFL1R7H1cbZNbIW0CHbCC" />

SP Setia acquired the Atchison Street site as part of its continued expansion into the Australian apartment market. In comments made to City &amp; Country (The Edge Malaysia) in 2023, SP Setia President and CEO Datuk Choong Kai Wai described the acquisition as “a strategic move” aligned with the group’s post-pandemic market recovery strategy.

“Our target for this exceptional development is local and overseas buyers, including first-home buyers, downsizers and investors,” Choong said.

The tower has been designed as a slender vertical form rising from a mixed-use podium, with COX Architecture positioning the development as a response to the evolving St Leonards and Crows Nest skyline.

“The purpose of the project is to facilitate the delivery of high-quality housing at a strategically located site and deliver a built tower outcome that is consistent with the desired future character of St Leonards and aligns with the TOD controls,” the design report stated.

<img alt="First look: SP Setia targets St Leonards skyline with 40-storey TOD tower" data-entity-type="file" data-entity-uuid="b1a85eee-76f7-436c-a6da-73ba827b9b13" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/atchinson%20entry.png?VersionId=dA9jHGPMcm.dDbwk4QfxqWiY5bfh3UVt" />

The podium would incorporate retail uses fronting Atchison Street, commercial tenancies, landscaped communal areas, and pedestrian improvements along Mitchell Street. Vehicle access and loading would be consolidated via Atchison Lane.

Residents would have access to more than 665 sqm of communal indoor and outdoor spaces, while the development proposes 96 parking spaces across five basement levels.

The proposal also includes a commitment for 10 per cent of residential floor space to be allocated toward affordable housing through a monetary contribution.

COX said the tower form responds directly to the emerging high-density character of the precinct while seeking to maximise solar access, cross ventilation, and outlook from apartments.

<img alt="First look: SP Setia targets St Leonards skyline with 40-storey TOD tower" data-entity-type="file" data-entity-uuid="2163f85c-f63b-4be3-aafa-f8763976cec5" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Article%20Feature%20Image%20%28Grid%29_5.png?VersionId=WiAmtIKJ6.ZQ41EtYEQ1fol7AeorKBlL" />

“The building is orientated towards north,” the Apartment Design Guide compliance report noted, adding that the tower’s slim form was driven by the constrained inner-urban site dimensions.

The design also incorporates landscaped setbacks and communal open space at podium level, intended to soften the interface with surrounding streets and improve pedestrian amenity.

The project adds to a growing wave of redevelopment proposals reshaping St Leonards and Crows Nest following the opening of the Sydney Metro City line and the NSW Government’s push for higher-density housing around major transport nodes.

Last week Stockland filed plans just down the road. They want to build a <a href="https://www.apartments.com.au/new-apartments/601-pacific-highway-st-leonards-nsw-2065">52-storey tower on Pacific Highway</a>.

Read more:&nbsp;<a href="https://www.apartments.com.au/news/nsw/first-look-stockland-plans-52-storey-538-apartment-st-leonards-tower">First look: Stockland plans 52-storey, 538-apartment St Leonards tower&nbsp;</a>

Joel Robinson

First look: SP Setia targets St Leonards skyline with 40-storey TOD tower

<a href="https://www.apartments.com.au/developers/urban-property-group">Urban Property Group</a> has revealed plans for a new mixed-use tower at 10 Dangar Street, Wickham, advancing a proposal that would reshape the southern gateway to Newcastle’s city centre with one of the city’s tallest residential buildings.

The State Significant Development proposal, now on exhibition, seeks approval for a <a href="https://www.apartments.com.au/new-apartments/bowline-10-dangar-street-wickham-nsw-2293">43-storey tower</a> immediately adjacent to the Newcastle Interchange. The project would deliver around 200 apartments, including 42 affordable housing dwellings, alongside 99 co-living units, a 171-room hotel, retail space, and new public domain integrated through the site.

The scheme marks a significant escalation of plans previously approved for the site. Urban Property Group took over the prominent 2,904 sqm parcel, where excavation and demolition had already commenced under an earlier consent for a 14-storey mixed-use development.

<img alt="First look: Urban Property Group unveils Newcastle’s next supertower at Wickham interchange" data-entity-type="file" data-entity-uuid="58a96dd9-407f-4d20-86b4-94e4bfeef74b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/wickham%20podium.png?VersionId=LGlf08pdFGAZDzvx_CXC4XakHNZRuEE0" />

Designed by <a href="https://www.apartments.com.au/architects/sjb-architects">SJB</a>, the tower has been conceived as a landmark transit-oriented development anchored to the Newcastle Interchange precinct. The proposal includes 245 build-to-sell apartments across a mix of one, two, and three-bedroom residences, as well as two penthouses. Fifteen apartments and one operational unit are earmarked for NDIS housing. The co-living component would add a further 99 units, while the podium would accommodate retail uses and hotel facilities.

SJB said the site presents “a valuable opportunity to anchor the precinct by setting the standard for design, active ground planes and character at the key southern gateway.”

The architecture responds directly to the site’s position beside major transport infrastructure and within one of Newcastle’s fastest-evolving urban renewal precincts. The tower form sits above a sculpted podium designed to frame new public spaces, including a through-site pedestrian link connecting Station Street to Hannell Street, landscaped plazas, and activated retail edges.

<img alt="First look: Urban Property Group unveils Newcastle’s next supertower at Wickham interchange" data-entity-type="file" data-entity-uuid="a7bd6ff0-f7db-4ce8-a6dc-ea56e72c6149" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/wickham%20lanne.png?VersionId=xzf39VADyhj7zBQY2I9fx9vI62u2tuSb" />

The design report describes the project as part of the broader transition of Wickham into “a vibrant, high-quality mixed-use urban precinct” that leverages proximity to the station, open space, and regional connectivity.

A detailed public art strategy has also been prepared for the development. The strategy positions the project as “a transit-oriented development of state significance at the gateway to Newcastle’s city centre” and outlines a series of integrated artworks responding to Newcastle’s industrial and transport heritage.

Creative Road’s curatorial framework for the project, titled Unveil, draws on “stratified surfaces, carved volumes, and light-filled apertures” while referencing Newcastle’s transformation from an industrial city into a contemporary education and technology hub.

<img alt="First look: Urban Property Group unveils Newcastle’s next supertower at Wickham interchange" data-entity-type="file" data-entity-uuid="77a882bb-14b1-4d28-99ff-9438e39508c0" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/wickham%20site.png?VersionId=cevgo_vN0eKPK78P8YcEu3mKPLkpFqE7" />

The proposal is being advanced through the NSW Housing Delivery Authority pathway after being declared State Significant Development in June 2025. The accompanying scoping report states the development aims to “maximise the site’s proximity to the Newcastle Interchange by delivering transit-oriented development” while increasing housing supply and affordable housing provision within the Newcastle LGA.

Urban Property Group’s plans align with the long-term strategic vision established under the Wickham Master Plan, which identified the interchange precinct as suitable for substantial uplift in height and density. The current proposal would significantly intensify that vision, positioning the tower among the tallest developments proposed for Newcastle.

The site sits immediately north of the Newcastle Interchange, bounded by Dangar Street, Hannell Street, and Charles Street. It is surrounded by a rapidly growing cluster of residential towers and mixed-use projects that have emerged following the completion of the light rail and transport interchange.

First look: Urban Property Group unveils Newcastle’s latest tower at Wickham interchange

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;

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.
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</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

Asic

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ASIC has applied to the Federal Court of Australia for the appointment of a provisional liquidator to six companies within the Macro Group, all of which have Desiree Veronica Macpherson as a director.
These are:
<ol>
<li>Macro Realty Developments Pty Ltd;</li>
<li>Macro Realty Developments AFSL Pty Ltd;</li>
<li>Macro All State Investments and Securities Ltd;</li>
<li>Pilbara Property Developments Pty Ltd;</li>
<li>Macro Realty Pty Ltd, and</li>
<li>511 GTN Pty Ltd (under external administration since 14 April 2016).</li>
</ol>
In particular, ASIC:
<ul>
<li>alleges that the companies have been involved in multiple contraventions of corporations legislation and are not complying with their obligations under that legislation; and</li>
<li>is concerned that the companies are not being properly managed and are suspected to be insolvent.</li>
</ul>
ASIC seeks from the Court:
<ul>
<li>the appointment of Mr Hayden White and Mr Matthew Woods of KPMG as provisional liquidators of the companies; and</li>
<li>orders requiring the provisional liquidator to provide a detailed report to the Court that sets out, among other things, the financial position of each of the companies so the Court can consider at a later date whether it ought to make orders to wind up the companies.</li>
</ul>
ASIC’s application has been listed for hearing in the Federal Court of Australia at Perth on 14 March 2017 at 10:15am.
ASIC had previously obtained a range of interim orders in the Perth Federal Court on 21 July 2016 restraining Ms Macpherson and the Macro Group companies (except 511 GTN Pty Ltd) from providing financial services advice, dealing in financial products, promoting financial products and otherwise carrying on a financial services business. ASIC also obtained various travel restraint and asset preservation orders at this time (refer: <a href="https://asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-258mr-asic-obtains-court-travel-restraint-and-asset-preservation-orders-against-west-australian-property-developer-and-macro-realty-group-of-companies/" target="_blank">16-258MR</a>).
The provisional liquidator appointment is sought as part of ASIC's ongoing investigation into a number of land developments in the Pilbara region of Western Australia, particularly one known as 'The Newman Estate' that was subject to ASIC action and Federal Court permanent restraint orders in May 2016 (refer: <a href="https://asic.gov.au/about-asic/media-centre/find-a-media-release/2016-releases/16-092mr-asic-obtains-permanent-injunction-against-macro-realty-development-and-other-orders-against-companies-associated-with-jamie-mcintyre/" target="_blank">16-092MR</a>).
ASIC's investigation is ongoing.
Perth’s Federal Court earlier made interim orders against Desiree Veronica Macpherson that require her to surrender all passports.
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jonathanchancellor-7SQnKwU6yx

ASIC applies to appoint provisional liquidator to Macro Group companies 

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ASIC has cancelled the Australian Financial Services (AFS) licence of Sovereign MF Ltd (in liquidation) ACN 104 964 555 (Sovereign).
Sovereign is the responsible entity for The Sovereign Tarneit Land Fund and The Sovereign Aged Care Property Fund (the Schemes).
Sovereign was placed into liquidation on 24 May 2013 following a creditors' resolution on the basis that Sovereign was insolvent.
The liquidators are currently engaged in the final stages of winding up the Schemes.
The wind up has involved completing the residential development of the Westbourne Fields Estate in outer Melbourne and the realisation of all lots within the development.　
The cancellation is subject to a specification under section 915H of the Corporations Act that the AFS licence continues in effect as though the cancellation had not happened for a period of 24 months to allow the liquidators to provide financial services that are reasonably necessary or incidental to the winding up of the Schemes.
A period of 24 months is necessary to allow the liquidators to pay a number of bonds and retentions to statutory bodies which do not expire for another 18 months.
The AFS licence was cancelled on 8 February 2017.
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j.ballantyne1990-6AQqhLzZaK

ASIC cancels the AFS licence of Sovereign Tarneit Land Fund

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The securities regulator has banned a financial adviser from Orange, NSW for providing false information about a client to an insurer and also misleading others on superannuation products.
Darren Tindall has been banned by the Australian Securities and Investments Commission from providing financial services for five years after an investigation found he failed to comply with financial services laws.　
Tindall was an authorised representative of Roan Financial Group Pty Ltd between 9 May 2013 and 19 May 2014, and was based in Orange, NSW.
During the investigation, the ASIC found that he had:　
<ul>
<li>engaged in misleading and deceptive conduct on a client's behalf by failing to disclose their pre-existing medical conditions on an insurance application submitted to an insurer;　</li>
<li>engaged in dishonest conduct by not disclosing the medical conditions in transferring that insurance obtained to a new insurer; and 　</li>
<li>recklessly made misleading comparisons about superannuation products to four clients, which induced those clients to switch their superannuation.</li>
<li>　</li>
</ul>
ASIC deputy chair Peter Kell said, “ASIC will take action against financial advisers who have been dishonest or who mislead their clients, in order to increase public confidence in the financial services industry.”
Tindall’s appeal the Administrative Appeals Tribunal for a stay on the ban was refused recently while a date for the hearing of review of ASIC's decision is yet to be set.
 
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ASIC bans financial adviser for five years

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ASIC has lodged an application requesting the Supreme Court of NSW inquire into the conduct of Sydney liquidators Andrew Hugh Jenner Wily and David Anthony Hurst concerning the performance of their duties as joint liquidators of 12 companies to which they had been appointed.
Prior to their liquidation, the companies provided either administrative, carwash and/or café staff exclusively to Crystal Carwash Café Pty Limited (Crystal Carwash). Mr Wily had previously conducted the liquidation of 7 other companies that had also provided carwash and/or café staff exclusively to Crystal Carwash.
ASIC's concerns include:
<ul>
<li>a lack of independence and a failure to disclose potential conflicts;</li>
<li>the failure to report to ASIC suspected shadow directors and offences underlying suspected illegal phoenix activity; and</li>
<li>a failure to undertake basic investigations into the companies' affairs.</li>
</ul>
At the time of their appointment, Mr Wily and Mr Hurst were partners of Armstrong Wily. Mr Wily remains a partner of Armstrong Wily. Mr Hurst is now a director of the firm HoskingHurst Pty Ltd.
ASIC seeks orders that Mr Wily and Mr Hurst be prohibited from practising as registered liquidators for such period as the Court sees fit.
The matter has been listed for directions on 9 February 2017. 
Background
Under the Corporations Act 2001, ASIC may apply to the Court to undertake an inquiry where it appears that a liquidator has not faithfully performed his or her duties.
ASIC seeks orders from the Court concerning Mr Wily's and Mr Hurst's role as joint liquidators of the following companies wound up by way of creditors' voluntary liquidation:
<ul>
<li>Stone Cliff Pty Ltd ACN 098 024 714 (Deregistered)</li>
<li>Sjain Pty Ltd ACN 127 505 720 (Deregistered)</li>
<li>Htbong Pty Ltd ACN 127 505 873 (Deregistered)</li>
<li>Mboa Pty Ltd ACN 128 067 489 (Deregistered)</li>
<li>Vbrkic Pty Ltd ACN 127 507 564 (Deregistered)</li>
<li>Kgifford Pty Ltd ACN 127 506 129 (Deregistered)</li>
<li>Msrour Pty Ltd ACN 127 505 579 (Deregistered)</li>
<li>Schauhan Pty Ltd ACN 127 508 034 (Deregistered)</li>
<li>Rgoel Pty Ltd ACN 127 508 221 (Deregistered)</li>
<li>Mhaigh Pty Ltd ACN 127 508 365 (Deregistered)</li>
<li>Pkhouri Pty Ltd ACN 127 505 908 (Deregistered)</li>
<li>Psingh Pty Ltd ACN 127 507 813 (Deregistered)</li>
</ul>
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ASIC probe into Crystal Carwash Cafe linked businesses

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The Federal Court has found that Peter Charles Drake, Francene Maree Mulder and Eghard van der Hoven did not breach their duties as directors of LM Investment Management Ltd (LMIM).
ASIC had alleged that Drake used his position to gain an advantage for himself and that each of the former directors of LMIM breached their director’s duties by failing to act with the proper degree of care and diligence regarding transactions involving the LM Managed Performance Fund (MPF), an unregistered managed investment scheme with about 4,500 investors.
The MPF loaned funds to Maddison Estate Pty Ltd, to complete a property development on the Gold Coast known as Maddison Estate. ASIC's case focused on a decision of the directors to extend the loan in 2012.
ASIC is reviewing the court's decision and deciding whether it wishes to appeal.
LMIM was the responsible entity for seven registered managed investment schemes as well as the trustee for MPF. More than $400 million was invested in MPF. In total, LMIM was responsible for managing at least $800 million on behalf of approximately 12,000 investors in Australia and overseas.
ASIC's claim against Simon Ticker and Lisa Darcy was dismissed by consent on 12 September 2016.
ASIC has taken other action and has been involved in other court proceedings arising out of the collapse of LMIM.
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jchancellor-FAypfDUnLy

ASIC loses Federal Court case against LM's Peter Drake on Maddison Estate

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ASIC has issued an information sheet for accountants who provide services in relation to self-managed superannuation funds (SMSFs).
Information Sheet 216 AFS licensing requirements for accountants who provide SMSF services (<a href="https://asic.gov.au/for-finance-professionals/afs-licensees/applying-for-and-managing-an-afs-licence/limited-financial-services/afs-licensing-requirements-for-accountants-who-provide-smsf-services/" target="_blank">INFO 216</a>) covers how the Australian Financial Services (AFS) licensing regime applies to SMSF services provided by accountants. It sets out the various SMSF services an accountant might provide and whether a licensing exemption applies to them or whether an accountant must be covered by an AFS licence for those services.
Peter Kell. ASIC deputy chairman said ASICs primary role in relation to SMSFs is to regulate the gatekeepers – the accountants, financial advisers and SMSF auditors. 
"We think that accountants and financial advisers have a critically important role to ensure that only those investors for whom an SMSF is suitable go into the SMSF sector and, in doing so are fully informed," he said.
The exemption which allowed recognised accountants to give financial advice about acquiring or disposing of an interest in an SMSF was repealed on 1 July 2016 and accountants need to be clear about which services must be covered by a licence and which remain exempt. INFO 216 will assist accountants in understanding which services do and not require them to be covered by an AFS licence.
ASIC has also modified Corporations Regulation 7.1.29(4)(c)(ii) to ensure that accountants can continue to provide taxation advice on financial products not covered by their licence in <a href="https://www.asic.gov.au/regulatory-resources/find-a-document/class-orders/2016-legislative-instruments/" target="_blank">ASIC Corporations (Recognised Accountants: Exempt Services) Instrument 2016/1151</a>. 
The Instrument modifies reg 7.1.29(4)(c)(ii) so that a limited AFS licensee can rely on the exemption to provide tax advice to a retail client on a financial product which is not covered by an authorisation in their licence. 
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Property 101: ASIC update for SMSF accountants

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ASIC has cancelled the Australian credit licence of S &amp; S Enterprises Pty Ltd, trading as appliance rental business Rent To Own Appliances, after ASIC found it had entered into credit contracts where it charged consumers an annual interest rate higher than the 48 per cent maximum allowable under the National Credit Act.
ASIC found that Rent To Own Appliances charged consumers an effective rate of interest as high as 208 per cent.
In response to ASIC's concerns, Rent To Own Appliances has agreed to stop collecting payments on all current contracts and to allow consumers under these 'rent to buy' contracts to keep the goods being purchased under the contracts.
ASIC Deputy Chair Peter Kell said, 'Credit licensees must understand their obligations under the law and take compliance with those obligations seriously. This includes understanding the limits in the law about maximum interest rates which they can charge consumers.
“As this case demonstrates, ASIC will remove those licensees from the industry which fail to meet their obligations under the law”.
Rent To Own Appliances has agreed to maintain its membership with an external dispute resolution scheme, the Credit &amp; Investments Ombudsman (CIO), for a period of at least 12 months after its' credit licence is cancelled.
Consumers who entered into a contract with Rent To Own Appliances and have any questions should contact Rent To Own Appliances on (03) 5964 6512 or 0433 585 130 to discuss the matter. Any consumer who is not happy with Rent To Own Appliances' response should contact CIO on 1800 138 422.
Rent To Own Appliances' credit licence (credit licence number 392764) was cancelled with effect from 26 October 2016.
A 'rent to buy' contract is an arrangement where you agree to purchase an item (for example, a fridge or television) by 'renting' that item for a set period of time. You make regular payments, for example, every month, over the agreed period (say 3 years). Under the terms of the agreement, you are not actually hiring the goods but you are making a commitment to buy them. At the end of the rental period, you own the goods.
Rent to buy contracts are treated under the law as credit contracts and have a maximum allowable annual interest rate of 48 per cent. For more information, refer to the Rent to buy factsheet on ASIC's MoneySmart website.
Rent To Own Appliances entered into credit contracts with consumers for furniture and household appliances. It operated a website (www.renttoownappliances.com.au) and traded from Lilydale in Victoria.
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ASIC cancels credit licence of Rent To Own Appliances

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ASIC has released a consultation paper proposing to remake three class orders relating to time sharing schemes, which are due to expire (‘sunset’) as at 1 April 2017 or 1 October 2017.
They are seeking feedback from the time-sharing industry, consumers, consumer advocates and other interested parties on our proposals, including whether any additional protections are required to assist consumers.
As marketing of time-sharing schemes is an area which can involve pressure selling tactics, they have requested feedback on whether amendments are required to current requirements to improve consumer protections, including in relation to cooling-off, disclosure and sales practices. For example, they are seeking feedback on:
whether the current cooling-off arrangements are working effectively or whether alternative arrangements would be more appropriate;
proposed amendments to the template cooling-off statement to simplify the language and highlight key information for consumers, such as the contact details of the provider and that if an applicant does not exercise their cooling-off rights they may be required to continue to pay levies for an extended period (e.g. until they die) even if they do not use the time-share;
the introduction of more tailored disclosure requirements for fees and costs associated with the purchase of interests in a time-sharing scheme; and
whether any additional restrictions or obligations are required in relation to unsolicited meetings or telephone calls.
They are also proposing amendments to their guidance in Regulatory Guide 160 Time-sharing schemes (RG 160) to outline their expectations for compliance by operators and promoters of time-sharing schemes based on their regulatory experience in areas such as:
the content of Product Disclosure Statements;
the provision of financial product advice; and
conduct during meetings and seminars attended by consumers.
The instruments that they are proposing to remake with amendments are:
[CO 00/2460] Time-sharing schemes—property valuations;
[CO 02/315] Time-sharing schemes—use of loose-leaf price list; and
[CO 03/104] Relief facilitating the acquisition and sale of forfeited interests in registered time-sharing schemes
In summary, they are also proposing to:
remake as a single new instrument [CO 00/2460], [CO 02/315] and [CO 03/104];
incorporate into the new instrument—transitional relief for existing operators relying on [CO 02/237] Time-sharing schemes—operation of rental pool, the template cooling-off statement under Pro Forma 208 and the AFS licence conditions under Pro Forma 209 with amendments, and modifications to the enhanced fee disclosure requirements; and
make amendments to [CO 13/760] Financial requirements for responsible entities and operators of investor directed portfolio services, withdraw ASIC Pro Formas 205, 206 and 207 for new operators, and update our guidance in RG 160.
The consultation paper and draft ASIC instrument, which reflects the amendments proposed in the consultation paper, are attached below.
The last public consultation by ASIC on policy for time-sharing schemes occurred in 2006 and we see this as an opportunity to consult on whether the policy settings remain appropriate or any changes are required.
The draft ASIC instrument, which reflects the amendments proposed in the consultation paper, is available on their website under <a href="https://asic.gov.au/regulatory-resources/find-a-document/consultation-papers/cp-272-remaking-asic-class-orders-on-time-sharing-schemes/" target="_blank">CP 272</a>.
Submissions on CP 272 are due 12 January 2017.
Click <a href="https://asic.gov.au/regulatory-resources/find-a-document/consultation-papers/cp-272-remaking-asic-class-orders-on-time-sharing-schemes/" target="_blank">here</a> to download CP 272 and attachments
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Property 101: Remaking ASIC class orders on time sharing schemes

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The Full Court of the Supreme Court of NSW has dismissed an appeal by Park Trent Properties Group Pty Ltd (Park Trent) from the judgment of his Honour Acting Justice Sackville handed down in October 2015.
In a unanimous decision delivered by His Honour Justice Leeming on 3 November, the Court found that no error had been made by the trial judge in refusing an application by Park Trent to amend its defence on the sixth day of the nine-day trial.
Further, even if the amendment had been allowed, the regulation upon which Park Trent sought to rely would not have applied to the advice of Park Trent, which was the subject of the proceedings.
Park Trent will be required to pay ASIC's costs of the appeal.
ASIC Commissioner Greg Tanzer said, "ASIC welcomes the dismissal of the appeal. ASIC's action against Park Trent has highlighted there are serious consequences for property spruikers who break the law by providing unlicensed financial product advice. "
ASIC launched legal proceedings in November 2014 against Park Trent, who by the time of the trial in June 2015 had advised over 860 members of the public to establish and switch funds into an SMSF.
Final orders were handed down in November 2015 and an appeal was launched on 26 February 2016.
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Appeal by Park Trent dismissed by NSW Supreme Court 

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ASIC has permanently banned former NSW financial adviser Ashley Grant Howard from providing financial services after an investigation found he had: 　
<ul>
<li>engaged in dishonest conduct;　</li>
<li>held out that trading he was conducting was authorised;　</li>
<li>provided financial services when not licensed or authorised to do so; and 　</li>
<li>engaged in conduct that was likely to mislead.　</li>
</ul>
ASIC found that Mr Howard had failed to comply with the Corporations Act in that he:　
<ul>
<li>used more than $1.8 million of client funds for his own benefit or the benefit of others (which included paying for cosmetic surgery for his partner, purchasing a house and settling debts to Jordan Belfort, the so-called 'Wolf of Wall Street'); and　</li>
<li>provided false information and documents to clients and third parties.　</li>
</ul>
The Newcastle district house cost $380,000 and was sold at $350,000 in 2013.
ASIC also found that Mr Howard had failed to:　
<ul>
<li>assist his trustee in bankruptcy by not lodging a statement of affairs;　</li>
<li>assist the liquidator of Meridien Capital Ltd, a company of which he was a director, by not providing a report as to the company's affairs, not providing information as reasonably required and directed by the liquidator and did not produce the books and records of the company;　</li>
<li>comply with Notices served by ASIC to produce documents and attend an examination.　</li>
</ul>
Mr Howard's dishonest unauthorised use of the $1.8 million from clients led to ASIC finding that he was not of good fame and character.　
ASIC Commissioner John Price said, 'ASIC will take action to remove persons from the financial services industry to protect the public. Mr Howard's conduct was particularly bad in that, on occasions, he preyed on elderly and vulnerable people.'　
Mr Howard has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.　
Background　
In 2014 ASIC commenced an investigation into the circumstances surrounding the misappropriation of funds from the initial public offering for Elsmore Resources Limited [ASX code: ELR] ('Elsmore'). Elsmore listed on the ASX on 20 December 2013 at a time when Mr Howard was a director.　
During the course of this investigation ASIC became concerned about the conduct of various individuals, including Mr Howard's, and which has led to his permanent banning from providing financial services. 　
Mr Shaun Morgan, a New Zealand national, also came to ASIC's attention during the investigation and led ASIC to issue a public warning notice about Mr Morgan and his companies (15-016MR). Subsequently last year ASIC permanently banned Mr Morgan from providing financial services (15-140MR) and he was removed as a director from various Australian companies in light of his criminal conviction in the United States (15-275MR).　
Elsmore itself has pursued legal action to recover the allegedly misappropriated funds from Mr Howard and his associates, Periwinkle Investments Pty Ltd, HF Global Corporate Financial and Harry Fung. Mr Howard is currently a bankrupt, which has impacted on the ability of the company to enforce a settlement agreement entered into with Mr Howard requiring him to repay the misappropriated funds. Most recently the Supreme Court of New South Wales ordered Mr Fung to pay approximately $680,000 to the company.　
Elsmore Resources Limited was delisted by the ASX on 15 August 2016.　
ASIC's investigations into Mr Howard and other associated individuals continue.
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