High Court of Australia

Westpac Securities Administration Ltd v Australian Securities and Investments Commission [2021] HCA 3

3 Feb 2021

Case Number: S69/2020

Before

KIEFEL CJ, BELL, GAGELER, KEANE, GORDON JJ

Catchwords

Corporations – Financial services – Where appellants had contacted members of superannuation funds of which they are trustees, advising each to accept offer to roll over their external superannuation accounts into their account with appellants – Where s 766B(3)(b) of Corporations Act 2001 (Cth) defines "personal advice" to include "financial product advice" given or directed to person in circumstances where a reasonable person might expect provider to have considered one or more of that person's objectives, financial situation and needs – Whether financial product advice given by appellants to members personal advice within meaning of s 766B(3)(b).

Words and phrases – "consideration", "considered", "financial adviser", "financial product advice", "general advice", "one or more of the person's objectives, financial situation and needs", "personal advice", "social proofing", "superannuation", "superannuation fund".

Corporations Act 2001 (Cth) – ss 766B(3), 766B(4), 949A(2)(a).
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