Law Council of Australia

Business Law Section

The AFCA Approach to Determining Compensation in Complaints Involving Financial Advisers and Managed Investment Schemes

The Financial Services Committee of the Business Law Section of the Law Council of Australia (the Committee) makes this submission to the Australian Financial Complaints Authority (AFCA) in response to the consultation paper titled “The AFCA Approach to determining compensation in complaints involving Financial Advisers and Managed Investment Schemes” which was released by AFCA on Monday 6 November 2023 (the Consultation Paper).

The Committee thanks AFCA for the opportunity to comment on the Consultation Paper, the purpose of which is to document AFCA’s approach to determining compensation in complaints involving financial advisers and managed investment schemes (the Approach).

The Committee acknowledges that the proposed document is new, but the Approach itself is not. In principle, the Committee agrees that it is appropriate for AFCA to document the Approach in a publicly available document – to support complainants and guide financial firms to better understand how AFCA considers investment and advice complaints involving financial advisers and managed investment schemes, and also to ensure that AFCA case managers and decision managers adopt a consistent approach.

Read the full submission below.

Last Updated on 26/11/2024

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