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Jordan, an existing customer of ABZ Bank (ABZ) visits the Caulfield branch and discusses a number of basic bank deposit products that he could use

Jordan, an existing customer of ABZ Bank (ABZ) visits the Caulfield branch and discusses a number of basic bank deposit products that he could use to invest $100000 that he has recently inherited. He works at Alpha University as a research assistant (History) earning $80000 annually. He wants to keep $10000 for emergencies and the balance of the money for buying a new car next year. He wants to earn a higher interest rate on the money while he decides on the car. Zachary, an employee of ABZ provides a pamphlet that details different features of a number of deposit options, which are an online savings account, an incentives account and a term deposit. The pamphlet also provides ratings for each of the above-mentioned deposit options. The incentives account is given five-star rating while the online savings account and term deposit are given four-star ratings. The interest rates for an online savings account, incentives account and term deposit are 3.5%, 5% and 3% respectively as described in the pamphlet. At the end of the pamphlet, the following statement is given in fine print:

"The Incentives Account currently offers account holders a basic variable interest rate of 1.5% and also pays a bonus of 3.5% if the customer deposits at least $2500 per month and makes no more than four withdrawals in a given month. If the customer satisfies those criteria in a given month, according to current interest rates, they will receive 5%, which is higher than the current interest rate for the Online Savings Account."

Jordan approaches Zachary to open an incentives account and explains that he would not need the money for another 12 months. Zachary specifically makes inquiries to identify if Jordan would be able to deposit at least $2500 per month and makes no more than four withdrawals in a given month. Jordan informed paying essential bills, groceries and rent would not be limited to four transactions a month. Zachary recommends opening an online savings account linked to his transactions account for $10000 and a term deposit for $90000.

Later in the day, Zachary telephones Jordan in his registered mobile with the bank and says "Congratulations, your term deposit for $90000 is now opened". However, the call was attended by Jordan's partner Emily which Jordan realises later. Emily left Jordan for not disclosing his inheritance fortune and Jordan sued the ABZ.

Identify if the given scenario describes any breaches of financial services laws.

In relation to the given scenario, you need to discuss the following issues with relevant legal provisions and application of the law:

  1. Whether a financial product, financial product advice and financial service is provided?
  2. Whether the financial product advice provided is general advice or personal advice?
  3. Whether the financial product advice is given to a retail client?
  4. Whether Zachary comply with all C.7.7A obligations?
  5. Whether ABZ bank is liable for breached provisions relating to conflicted remuneration?
  6. Whether Zachary conduct could be classified as an unconscionable conduct?
  7. Whether ABZ bank is liable under s.961K for breaches of Zachary?
  8. Whether ABZ bank is liable under s.961L for failing to take reasonable steps to ensure its representative comply with C.7.7A obligations?
  9. Whether ABZ bank is liable for breach of general licensee conditions?
  10. Whether ABZ bank breaches any provisions under P.2 D.2 of ASIC Act?
  11. What are the legal remedies (statutory/commonlaw/code of ethics) available for Jordan?
  12. Case laws relevant to the scenario?

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