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Will common sense prevail in Hayne’s final report?

7 minute read
The Adviser

OPINION: As industry professionals return to work, many will be reflecting on a tumultuous 2018 and asking themselves if the next 12 months will be more balanced.

Some won’t have taken a break at all and worked right through the holiday period. I did, and I happened to run into the senior executive of a listed brokerage in North Sydney during the week between Christmas and New Year’s.

With the usually busy streets of the North Sydney CBD quiet and only a handful of coffee shops open, we both found ourselves operating at a slower pace. Neither he nor I were in a rush. Nor had our brains been bombarded by live news feeds of royal commissions, banned brokers, rate movements remuneration reports.

Instead, our minds were free to reflect on 2018 and together we came to the conclusion that things got pretty intense over the past year. But we agreed that there are plenty of loose ends 2019 promises to conclude for the Australian financial services space like the future of broker trail commissions, the direction of the property market, commissioner Hayne’s final report, a potential Labor government and housing tax policy changes.

 
 

Overall, we agreed that regulation had been the hottest ticket of 2018 and anyone with money in that racket would have done exceptionally well. Neither of us could figure out, however, how one might gain adequate exposure to the regulatory sector. But more regulation seemed like a sure bet.

The royal commission hearings somehow seem like a long time ago now. After 12 months of constant news coverage and analysis, the lack of it is a welcome change. That’s a bold statement for a financial services reporter, trust me.

The royal commission final report is due to be submitted to the Governor-General in a fortnight, which presumably means commissioner Hayne is busy penning the thing right now. I wonder if time has worked on him the way it has on me and my industry chum; if the lack of reactionary news coverage has somewhat dulled the hyperbole and hysteria that peppered much of the financial press during 2018.

Time to reflect, with any luck, also means time to consider the broader consequences of new regulations that could stifle the financial services industry and ultimately lead to poor consumer outcomes.

Even if cooler heads do prevail among Hayne, ASIC, APRA, FASEA and the rest of the abbreviated brigade of red-tape bandits, they all essentially march to the beat of the government’s drum. And it is the government that will ultimately decide on the fate of the financial services industry.

If this year is anything like the last, we’re in for one hell of a ride.

[Related: Royal commission won’t ‘sink the Titanic’: FBAA]

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James Mitchell

AUTHOR

James Mitchell has over eight years’ experience as a financial reporter and is the editor of Wealth and Wellness at Momentum Media.

He has a sound pedigree to cover the business of mortgages and the converging financial services sector having reported for leading finance titles InvestorDaily, InvestorWeekly, Accountants Daily, ifa, Mortgage Business, Residential Property Manager, Real Estate Business, SMSF Adviser, Smart Property Investment, and The Adviser.

He has also been published in The Daily Telegraph and contributed online to FST Media and Mergermarket, part of the Financial Times Group.

James holds a BA (Hons) in English Literature and an MA in Journalism.

 

Comments (11)

  • Hayne clearly struggles to understand the industry. I'm sure he's a pretty smart individual, so it's either deliberate (self-interest? Maybe a future cushy board role somewhere) or he has been misled by those providing information and commentary. Presuming you don't reach his stature without some morals and ethics, I think he should be looking critically at what - and more importantly WHO - has provided the information he is relying upon.

    EVERYONE knows Brokers provide a valuable service FOR the general consumer and AGAINST the oligopoly, and have significantly influenced total mortgage costs for the entire population - regardless of if you used a broker or not, the sheer fact we exist saves you 1.5-3% off your interest rate, saves you fees, and makes your bank (somewhat) accountable.

    So to help Hayne understand, let's make a comparison to an industry he does know about, (that does incredible harm to the community, adds extraordinarily little value, and is inherently bias towards big business/the wealthy....no, not Big-Banks, I mean Lawyers).

    People do not NEED Lawyers, just like they don't NEED a Broker. Lawyers do not ADD anything to the legal system, other than an additional cost. The courts can just provide their own "lawyer" - though this person can only fill in form and not provide any advice or consultation. (Even better, Hayne somehow thinks that wouldn't cost anything)

    From the lawyer's perspective - If a consult never leads to an outcome, there is no charge to the consumer. FREE legal consultation for EVERYBODY!. Customers can even talk to multiple Lawyers before picking the one they want to go with - or even do it all without a lawyer.

    If a lawyer doesn't win a case in every court every year, they could lose their licence. They can't deal with just a few courts, as that could be a bad thing and suggest they aren't doing the right thing by their client.

    They get paid 0.6% of a case, but ONLY if their client wins. If they lose they get nothing. The client doesn't pay them a cent.

    If the winning decision is challenged in a higher court they have to give their payment back. Even if it takes two years.
    If their client decides to challenge the winning case and uses a different lawyer, they give their payment back. Even if it takes two years.
    If the court decides to take on the case themselves, the lawyer gives their payment back. Even if it takes two years.
    Oh, and if after winning the client decides not to spend their winnings immediately - the lawyer doesn't get paid at all!.

    Finally, they are expected to assist their clients with any future legal counselling or service without fee or recompense for the rest of their client's life. They should be in regular contact with their client to make sure the client is still happy with the original outcome, and offer to review the case and try again for a better result (which may see them pay back their original commission).

    The ONLY solution that could make sense in banning trail commissions (or any negative adjustment to the existing arrangements for that matter), is if the FINANCE "PROVIDER" is not allowed to provide the FINANCE "ADVICE" and EVERYONE needs to see an independent Broker first.
    1
  • Very negative comments which seem to be common for Spartacus! The reality will be that whatever Hayne recommends the Government of the day will 1. take a long time to consider it, 2. More than likely ignore the bulk of the recommendations as is normal for all RC reports, and 3. implement some cosmetic changes that look like they are the champions but in reality will avoid any massive sweeping amendments leaving trails and upfronts as is.
    -2
    • Or the RC recommends removing trails and the CBA being champions of the people use that as their excuse to remove trails before government has had a chance to react.
      2
    • Oh Boy. Sadly you don't understand what is happening in our industry.

      CBA have already admitted to the RC that they planned to remove entirely volume based broker commission at the start of 2018, but chickened out. If you are unaware of this fact, look it up yourself.

      In discussion between CBA & the council assisting, the council assisting the RC, teased out of the CBA, that CBA were waiting for the RC to recommend, before the CBA would implement removal of broker commission. CBA is waiting for bureaucratic cover to move against us (they admitted this at the RC).

      If the RC recommends the banning of trail, or trail & upfront commission, the CBA will implement the RC recommendation within weeks of the RC announcement (and all other lenders will follow CBA's lead). If the RC recommends it, we are screwed. The banks won't wait for government implementation.

      You can frame my comments as negative, you could also frame them as realistic in light of the sustained attacks on our industry. My comments relate to public statements clearly on the record made by very senior banking executives & comments made by Hayne & powerful forces in and around the finance industry.

      I desperately hope I'm wrong & have gone to quite significant lengths to stand up for brokers with letters and submissions to parliamentarians.

      If I am wrong I will rejoice (and be very happily wrong), & will spend significant money expanding my business. But my expansion plans have been on hold for a few years due to significant uncertainty.

      Spartacus
      4
  • Enjoy the next 2 weeks of peace while it lasts. Hayne is going to kill broking as we know it. His contempt for our profession was obvious for all to see.

    Spartacus
    4
  • Nicely written
    0
  • Common sense , rather unlikely when the RC refers to the doctored Sedgwick report ss if it gospel . They know the industry works fine as , hence brokers ever increasing market share , but it seems that the fact they we earn a living is the issue. Expecting that the RC will recommend O% upfront and 0% trail as that will fix everything !
    6
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