Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 292

Cuffelinks Edition 292

  •   8 February 2019
  •      
  •   

Why not litigate?

Even the harshest critics of Kenneth Hayne's Final Report must acknowledge a major success: the evidence presented was so egregious that the regulators must have the resources and fearlessness to do their job properly. As recently as the last Budget, the Government cut ASIC's funding by $41 million a year over four years, and Labor made similar moves in the past. Now they're falling over themselves to show who is toughest on crime. Hayne's enduring legacy will be measured by the future tenacity and success of regulators. He says on page 424:

"In the end, the critical question whenever ASIC is considering any contravention of the law must be the question ASIC now accepts must be asked: ‘Why not litigate?’".

Some readers have criticised me for my restrained support of the Commission's work, one calling me 'an apologist for the banks'. It's ironic. I lost a major bank consulting assignment for writing a whistleblower book in 2001. I'll never forget the Group Treasurer calling me into his office and saying, "I agree with what you've written, but you can't stay here."

So let's hear the response to the Final Report from a few leading voices. The journalist most influential in establishing the Royal Commission, Adele Ferguson, wrote in the SMH:

"For those Australians hoping for structural separation of the banks, an overhaul of the regulators or heads on sticks, Royal Commissioner Kenneth Hayne's verdict would have been disappointing. There was little blood and gore. It was more like a soft landing ... Customers were ripped off but the regulators had little or no appetite to use the tools at their disposal, preferring instead to do cosy deals with those they were meant to police. Despite this, Hayne is giving them more powers and more work and has faith they will now actually do their job."

Alan Kohler wrote of Commissioner Hayne in The Australian:

“His decision to not call for the separation of product and advice is both inexplicable and egregious. Another significant failure is that he has nothing to say about percentage fees and the high cost of financial advice. In fact, he seems to applaud it.”

And Jonathan Mott of UBS said:

"The much anticipated release of the Royal Commission Final Report was disappointing, in our view. There was much discussion around misconduct within the banks and the need to change culture; however, the final recommendations fell well short of market expectations … most of the cultural change will be self-enforced. Without powerful recommendations, we are concerned that ensuring lasting cultural change over the years may be difficult."

On another positive, Hayne should be applauded for avoiding more complicated legislation. He wants to "reduce exceptions and carve outs" to "simplify(ing) the law so that its intent is met". His six principles should guide everyone in any industry:

  • Obey the law
  • Do not mislead or deceive
  • Act fairly
  • Provide services that are fit for purpose
  • Deliver services with reasonable care and skill
  • When acting for another, act in the best interests of that other.

Noel Whittaker highlights a section of the Royal Commission he believes is flawed. My prediction is Recommendation 1.3 will not be adopted in full by either the Government or Labor. It says:

"The borrower, not the lender, should pay the mortgage broker a fee for acting in connection with home lending."

Let's move on. This is an amazing chart of US price changes in the last 20 years. It shows that individual companies and people are affected differently by inflation, as we all have unique expenses and costs. Overall inflation in this period was 56%, but hospital services were up over 200%, with education close behind, while electronic goods, clothing and cars were vastly more affordable, rising less than wages. Little wonder a high cost country like Australia has moved more into services and less into manufacturing, facing this competition


Also in this week's edition, Will Gormly shows that Listed Investment Companies (LICs) trading at a discount should not be considered a bargain as they may never return to par, while Chris Meyer explains Active ETFs and their unique identity in our listed product range.

Graeme Colley reminds SMSF trustees of five common mistakes that could be costly to make, and Lawrence Lam suggests investors should develop the mindset of a founder when looking for the best companies. He offers a few examples of his favourites.

Further comments on the Royal Commission are welcome, or anything else in Have Your Say.

This week's White Paper from Fidante Partners is called 'Hype cycle: is it too soon to buy', including evidence retail investors have stepped back from equities but institutions are buying. 

Graham Hand, Managing Editor

For a PDF version of this week’s newsletter articles, click here.

 

  •   8 February 2019
  •      
  •   

 

Leave a Comment:

banner

Most viewed in recent weeks

The strange effect of the 30% minimum capital gains tax

The 30% minimum tax on capital gains sits at the heart of the budget's proposed reforms. Yet the mechanics reveal anomalies that introduce unexpected distortions that raise questions about its design.

Does your will qualify for the discretionary testamentary trust exemption?

Treasury has confirmed the exemption many families were hoping for. But buried in the fine print are two conditions that could leave some wills on the wrong side of the exemption, despite years of careful planning.

Ranking three common retirement strategies

The defining challenge of retirement isn't just about building wealth, it's about converting your lifetime savings into sustainable income. A holistic understanding of different strategies can improve long-term outcomes.

Are you making these SMSF mistakes?

After four decades advising investors, there are a few common mistakes I've seen SMSF investors make. From holding too much cash and chasing yield to overtrading and trusting tips. Are these errors costing you?

Why Australian shares are falling behind the world

Australia’s market boasts a long record of outperformance, but recent results tell a different story. Is the ASX’s lagging performance a temporary setback or evidence that structural forces will keep global markets ahead?

Australia has saved $4.5 trillion for retirement. Here's what matters more

Most Australians approaching retirement can tell you the exact dollar value of their super account. But success depends on more than a sizeable balance. Here's four key questions to ask yourself at the start of the financial year. 

Latest Updates

Investment strategies

UniSuper CIO shares his reflections on the 2025-2026 financial year

Markets climbed a wall of worry in FY26, but artificial intelligence remained the dominant force, rewarding some of the world’s biggest companies while leaving others behind.

Planning

Post-Budget blues? A knee jerk won’t help

Sweeping tax changes are reshaping the investment landscape and many investors are considering major restructures. But before chasing lower tax bills, it's worth asking whether those decisions will strengthen—or undermine your ability to build wealth across generations.

Investment strategies

Is value investing still relevant in today’s stockmarkets?

Is value investing relevant in an age when momentum investing, quant strategies and index funds increasingly dominate markets? It is underappreciated how share price distortions may be creating some of the best opportunities for patient, disciplined investors.

Investment strategies

How to find opportunity in global equities

Australia's concentrated market makes global diversification essential, but breadth alone is not enough. Investors still need a disciplined framework combining business quality, sensible valuation and a credible catalyst.

Gold

What keeps the world’s most patient investors returning to gold

While many investors are asking whether gold has peaked, the world's central banks appear to be asking different questions altogether. Their thinking offers useful insights for long-term investors.

Investment strategies

Don’t underestimate Australia

Investor sentiment towards Australia has turned increasingly gloomy, but the data tells a different story. There are still plenty of reasons to remain optimistic.

Superannuation

Are you making these SMSF mistakes?

After four decades advising investors, there are a few common mistakes I've seen SMSF investors make. From holding too much cash and chasing yield to overtrading and trusting tips. Are these errors costing you?

Sponsors

Alliances

© 2026 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.