ASIC Commences Court Action Against Dover, McMaster

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ASIC has commenced court action against Dover Financial Advisers and its sole director, Terry McMaster alleging they misled and deceived clients.

Dover Financial Advisers Director, Terry McMaster

The corporate regulator announced today that on 12 September it had commenced civil penalty action in the Federal Court of Australia over Dover’s use of its Client Protection Policy (CPP) which was in place from September 2015 to March 2018.

ASIC claims the alleged behaviour took place during that time because the CPP:

  • Contained false and misleading representations as to the rights and protections available to clients
  • Created a significant imbalance in Dover’s and its authorised representatives’ rights and obligations compared to those of clients
  • Sought to protect the interests of Dover and its authorised representatives by avoiding liability to clients for poor financial advice

The regulator also alleges that McMaster was knowingly concerned in that conduct, as he was named as the Key Person on Dover’s AFSL, and was also the sole director and only responsible manager during the relevant period.

ASIC stated it was seeking declarations that Dover and McMaster contravened the Corporations Act and ASIC Act, and was also seeking orders that Dover and McMaster pay pecuniary penalties for the contraventions of the Acts.

The court proceedings follow previous enforcement action against Dover stemming from the use of the CPP which led to the cancellation of Dover’s AFSL and McMaster permanently leaving the financial services sector (see: Dover Financial Advisers to Close in One Month).



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3 COMMENTS

  2. There are no publicised cases of any client losses or complaints in relation to the forced shutdown of Dover. A business has been destroyed and 400 authorised reps thrown to the wolves with complete and utter disregard for the welfare of those innocently caught up in this. Including the families of those involved

    Is ASIC a regulator or a political organisation?

  3. What a disgrace ASIC is!

    There has been so many cases come up in the Royal Commission the last few months of how badly the banks, insurance offices and industry superfunds have treated consumers that they could have done something about – yet didn’t (and probably won’t) yet they want to hang Terry McMaster out to dry for what’s probably just a technicality.

    Is this is a political organisation? No doubt in my mind.

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