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ARTICLE · 04 MARCH 2026

APAC Monthly Private Wealth Legal Developments – January 2026

Herbert Smith Freehills Kramer LLP
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ASIC: Federal Court orders Australian Unity Funds Management to pay $7 million penalty for failing to confirm product suitability for investors

GlobalFinance and Banking

Australia

ASIC: Federal Court orders Australian Unity Funds Management to pay $7 million penalty for failing to confirm product suitability for investors

ASIC has announced that the Federal Court of Australia has ordered Australian Unity Funds Management Limited (Australian Unity), the responsible entity of the Australian Unity Select Income Fund (Fund), to pay $7.125m for failing to verify the suitability of one of its products for retail investors, in breach of its design and distribution obligations.

As a result of Australian Unity's failure to take reasonable steps to ensure that interests in the Fund were only distributed to investors meeting the requirements of its three Target Market Determinations (TMDs), hundreds of retails investors could acquire an interest in the Fund even where the product was unsuitable for them under the TMDs.

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