Surging Advice Fees Under ASIC Scrutiny

A fast‑growing advice firm’s soaring revenue from failed super funds now sits at the centre of a major regulatory court battle that could reshape how licensees oversee high‑risk investment advice.
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Venture Egg’s push to scale financial advice sales appears to aim at rapidly growing revenue from superannuation rollovers into high‑yield funds but may have come at the cost of client protection, regulatory compliance and basic plausibility in the recommendations being made.

The advice business at the heart of this case is a relatively small yet aggressively expanding financial planning firm that operated under a larger dealer group’s licence, tapping into retail superannuation money from thousands of Australians. It built its model around directing client retirement savings into two managed investment schemes that later failed, while its licensee and associated advice networks sat in the background, responsible for oversight and compliance checks that now appear to be under intense challenge.

According to court filings, Venture Egg’s monthly revenue shifted sharply as more clients were steered into the Shield and First Guardian funds. Earnings climbed from a bit over $100,000 in January 2022 to more than $500,000 by May, then rose again from around $400,000 in February 2023 to more than $1.7 million by April. During this period, Venture Egg and another advice firm operating under the same licensee were reportedly funnelling clients into the two schemes even as internal audits flagged advice that looked generic, fee levels described as unusually high and projected returns that assumed more than 14% a year, roughly double the long‑term performance of typical super funds.

The broader saga centres on Shield and First Guardian, two short‑lived managed investment schemes that together raised about $1 billion from roughly 12,000 retail superannuation investors before collapsing amid allegations of serious misconduct. Liquidators now expect Shield investors to recover at least half their money, while First Guardian investors appear likely to see only a small portion of the roughly $500 million put into that fund. ASIC alleges that despite revenue at the advice firm surging and multiple compliance reviews showing low average scores, around 42% on one software‑based assessment, the licensee took limited action when key conditions were ignored, such as requirements to submit new statements of advice for pre‑approval.

What makes the case more significant is ASIC’s claim that the licensee not only failed to curb problems but also helped shape how advice would be presented. This included feedback encouraging recommendations to sound “fresh” and “real” rather than obviously templated when suggesting clients place all of their super into one high‑risk product. At the same time, Venture Egg is alleged to have used a “negative consent” process, moving client money into First Guardian and other funds without clear, express consent, an approach the licensee is accused of knowing about and endorsing. The corporate regulator has already taken action across the chain, targeting research providers that rated the funds, super trustees responsible for overseeing investor money, platform operators that placed funds and the responsible entities that ran the schemes, while some platforms have voluntarily repaid hundreds of millions of dollars to affected investors.

Now the fallout appears to be spreading into a wider institutional and legal dispute. The financial complaints ombudsman has started issuing decisions against the licensee, which has prompted the licensee to launch its own legal challenge arguing that the ombudsman cannot properly hear these complaints due to jurisdiction limits. Meanwhile, the licensee’s listed parent company publicly rejects ASIC’s allegations and signals its intention to defend its conduct in court. The outcome of these overlapping cases appears likely to influence how far licensees must go in monitoring rapidly growing advice practices, how much scrutiny “cookie‑cutter” advice and optimistic projections can attract and whether aggressive lead‑generation and consent models remain acceptable in the superannuation advice market.

Sources

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