Question
Your Planning, a wholly owned subsidiary of UNO bank (an ADI and AFSL holder) deploys financial planners for providing financial advice at UNO's main branches
- Your Planning, a wholly owned subsidiary of UNO bank (an ADI and AFSL holder) deploys financial planners for providing financial advice at UNO's main branches in metro areas. Ms. Anne who is approaching her retirement from ABC Pvt Ltd as a receptionist and earning $90,000 per annum, visits UNO's metro branch in Melbourne to close her existing housing loan. Ms. Jane works in the UNO branch as a financial planner and the branch's teller refers customers with sufficient account balance/steady income to her. The teller refers Ms.Anne to Ms. Jane and she had a quick chat with Ms. Anne, collecting her details on financial situation and needs. Ms. Jane provides the following advices the next day:
Not to close the housing loan and to draw the available equity for investing in shares.
Cancelling the existing "Your Income" income protection and applying for a new "Your Income" policy with higher premium that Ms. Jane can qualify for a marketing campaign and earning substantial commissions.
Cancelling the existing life insurance policies (with total and permanent disability coverage) from NorthBank and to replace them with "Ypac Insurance" for a higher premium without total and permanent disability coverage.
Switching her superannuation allocation to risky investments.
Following an unprecedented global pandemic, the share prices dropped resulting in Ms. Anne losing her superannuation savings (due to the risky allocation of funds) and investments in shares. Ms. Anne lost the superannuation savings, share investments and end up with an unpaid housing loan. Advice Ms. Anne on her consumer protection rightswith regard to financial products under Chapter.7 of Corporations Act, 2001(Cth).
In relation to the given scenario, you need to discuss the following issues with relevant legal provisions and application of the law:
- Whether a financial product, financial product advice and financial service is provided?
- Whether the financial product advice provided is general advice or personal advice?
- Whether the financial product advice is given to a retail client?
- Whether Ms. Jane comply with all C.7.7A obligations?
- Whether Ms. Jane's conduct could be classified as an unconscionable conduct?
- Whether UNO Bank is liable under s.961K for breaches of Ms.Jane?
- Whether UNO Bank is liable for breach of general licensee conditions?
- What are the legal remedies available for Ms.Anne?
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