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Many Australians seek the guidance of a financial adviser to help them manage key investments, including their superannuation.

Unfortunately, we often see clients who have been given bad personal financial advice, which can have devastating impacts on both their retirement savings and their insurance coverage for vital policies like death and disability. We have been working in this area for years, and in our experience, there are common themes that can signal bad advice.

We’ve outlined a few of the key things to watch out for – and what you should consider a red flag.

1. You’re not being asked about your goals

Many people are underinsured without knowing it. A good question to start with is, if something should happen to you, what level of coverage do you need for your family? This could be enough to pay off your mortgage or school fees, or to have enough for a partner to stop working to care for young children for several years. It’s important to understand what the balance is between the premiums you pay, and the coverage you have.

2. You don’t understand the strategy

Your adviser normally has an obligation to provide a Statement of Advice, which should explain the strategy and why it’s in your best interests compared to other options. This should be clear and easy for you to understand.

3. Your adviser hasn’t asked about your health and medical history

It is not possible to give advice about insurance without considering your medical history and other coverage available. For insurance advice, this is crucial in determining what product is in your best interests.

A competent financial adviser should undertake a detailed pre-assessment to document their client’s existing medical conditions. They should also submit the pre-assessment to prospective insurers, to understand which provider will offer the best terms before making their recommendations.

4. Your financial adviser is recommending or “cross selling” insurance

Many financial advisers can earn commissions from selling certain types of insurance products, for several years after the policy commences – these are called trailing commissions. These commissions are often paid to advisers by a related company who manufactures the product, known as “vertical integration” and often customers aren’t aware of this relationship.

If your adviser is pushing for a product, or encouraging you to switch, it might be a sign that they have a conflicting interest. 

What you should if you spot a red flag with your financial adviser

The first step is to file a complaint via the company's complaints procedure – an experienced lawyer can help you with this. If you're not satisfied with the response, you can take your complaint to the Australian Financial Complaint Authority (AFCA) or take the matter to court. We encourage you to seek legal advice early on to ensure you understand your options.

What you can do if your financial adviser refuses to, or can’t pay compensation

In 2023 the Compensation Scheme of Last Resort (CSLR) was created to help consumers who have suffered due to misconduct in financial advice and other areas, but compensation has not been paid.

The CSLR can pay an eligible claimant up to $150,000.

There are strict timelines and qualifying steps to the process, and we can help you with your claim to access the CSLR. 

How Maurice Blackburn Can Help

If you've been given investment or insurance advice from a Financial Planner, Advisor or Broker that you feel is wrong, you may be able to claim compensation. Through our Financial Advice Disputes practice, we have helped hundreds of people reclaim losses when they have received inappropriate, misleading or negligent advice. Contact us to find out what your legal options are. 

 

Our financial services dispute work

If you've received bad financial advice, we are here to help. Our specialist lawyers have helped our clients recover millions of dollars from negligent financial advisors. Find out if you have a claim today. 

It doesn't cost you anything to know where you stand 

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.