Park Trent

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ASIC has accepted a court enforceable undertaking (EU) from Gold Coast-based accountant, Jenan Thorne of Saber Superannuation Pty Ltd after it found she had failed to act in the best interests of her clients and had prioritised her own interests above their interests.
The undertaking prevents Mrs Thorne (also known as Cenan Thorne or Cenan Dikmen) from providing financial services for a period of three years effective from 13 February 2019.
ASIC decided to review Mrs Thorne's advice when it discovered, during its investigation into Park Trent Properties Group Pty Ltd, that she was receiving referrals in relation to establishing self-managed superannuation funds (SMSFs) from Park Trent.
ASIC reviewed advice provided by Mrs Thorne when she was a representative of SMSF Advice Pty Ltd, a wholly owned subsidiary of AMP Limited, and concluded that she had advised some of her clients to establish SMSFs without taking their circumstances into account.
ASIC found that Mrs Thorne hadn't properly considered her clients' existing superannuation arrangements or explored why they were interested in investing in direct residential property through an SMSF.
When recommending SMSFs to some of her clients, she had inappropriately scoped advice by excluding insurance and retirement planning.
ASIC also found that Mrs Thorne did not adequately stress-test SMSF strategies and had recommended SMSFs to some of her clients despite inadequate evidence to suggest that the strategies would provide increased retirement benefits.
Furthermore, Mrs Thorne had recommended that her accountancy practice, Saber Accountants Pty Ltd, prepare the annual accounts and tax returns for the SMSF clients.  This led ASIC to determine that Mrs Thorne recommended the services of a related party to create extra revenue for herself.
As part of the EU, Mrs Thorne has agreed to inform all her former personal advice clients about the EU and provide contact details of her former licensee, SMSF Advice Pty Ltd. Former clients of Mrs Thorne who have enquiries or complaints regarding her advice or conduct should contact SMSF Advice Pty Ltd.
ASIC expects financial advisers to comply with their best interests duty and pay particular attention to how they scope their advice to clients.
Prior to recommending SMSFs, advisers should critically probe why a client wants to set up an SMSF and what they hope to achieve. Advisers should also give adequate consideration to risk management and succession planning before setting up an SMSF for a client.
ASIC Commissioner Danielle Press said financial advisers have a legal obligation to provide advice that is in the best interests of their clients, not prioritise their own interests or simply implement client instructions. 
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ASIC's Park Trent Properties investigation sees Gold Coast accountant step aside for three years

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The Australian Taxation Office (ATO) has filed a wind-up application against Park Trent Properties Group on the ground of insolvency. 
Park Trent Properties Group owes $692,579 in unpaid taxes to the Deputy Commissioner of Taxation.
The paperwork was filed February 22 in the Federal Court and it is set for an April 17 hearing.
The company, founded by Ron Cross in 1989, runs a one-stop investment shop acting as a buyer's agent, selling agent and property manager.
The taxes owing by the Wollongong-based property spruiker include a $385,537 superannuation guarantee charge assessment debt accumulated since 2016.
Park Trent Properties Group was the subject of a 2017 wind-up applications by the tax office in 2017, with Park Trent paying the ATO's legal costs.
Despite the wind-ups orders, the Australian Financial Review reported that Cross had continued to spruik his business, including directly to reporters from that publication. 
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Park Trent Properties again faces wind-up over unpaid taxes 

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The Full Court of the Supreme Court of NSW has dismissed an appeal by Park Trent Properties Group Pty Ltd (Park Trent) from the judgment of his Honour Acting Justice Sackville handed down in October 2015.
In a unanimous decision delivered by His Honour Justice Leeming on 3 November, the Court found that no error had been made by the trial judge in refusing an application by Park Trent to amend its defence on the sixth day of the nine-day trial.
Further, even if the amendment had been allowed, the regulation upon which Park Trent sought to rely would not have applied to the advice of Park Trent, which was the subject of the proceedings.
Park Trent will be required to pay ASIC's costs of the appeal.
ASIC Commissioner Greg Tanzer said, "ASIC welcomes the dismissal of the appeal. ASIC's action against Park Trent has highlighted there are serious consequences for property spruikers who break the law by providing unlicensed financial product advice. "
ASIC launched legal proceedings in November 2014 against Park Trent, who by the time of the trial in June 2015 had advised over 860 members of the public to establish and switch funds into an SMSF.
Final orders were handed down in November 2015 and an appeal was launched on 26 February 2016.
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