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Welcome to the Challenge the Standard podcast - a podcast for financial advisers, by financial advisers. Your hosts, Nathan Fradley and Jordan Vaka, will examine the biases, fixed thinking and status quo in advice. In every episode, we'll dive deep into the world of financial advice, questioning the norms, sparking new ideas and exploring how we could do things better. Our goal is to elevate our professional practices and 'uphold and promote the standards of our profession. So, whether you'r ...
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PlanningSolo Presents: Life, Loss and Legacy - a podcast series to help you navigate those first few years after the loss of your partner. In this series, independent financial adviser and series host, Jordan Vaka, will unpack all of the questions, jargon and tasks that you're now having to juggle as you walk along this path.
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I’m Australian lawyer, James d’Apice. Coffee and a Case Note began as a video series where I sip a coffee and chat about recent legal cases. This is the audio version! I hope it brings you value.
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In August 2024 James was invited to appear on Glover Lane's ESG podcast, 'What Keeps You Up At Night?' This interview traverses Gravamen's journey to becoming a firm that tries to live its values by donating $1,000.00 per month to charity; and reflects on what the future might hold. It's also a great primer for anyone hoping to understand ESG a lit…
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This week's episode sees independent financial advisers Nathan Fradley and Jordan Vaka unpacking another very niche, very specific topic for their fellow financial advisers - retirement villages. Not Aged Care facilities, which are different again. But rather the over 55s, 'lifestyle', retirement villages becoming more and more popular with our on-…
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AFCA. All advisers will have an opinion on the ombudsman. Good, or more frequently, bad. But what if there's more to the story? What if, perhaps, AFCA has been a convenient boogeyman for people to throw at advisers as part of their compliance regime - "well, you know how AFCA can be, so you better put it in our 96 page SOA template, just to be sure…
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“Bring the company back from the dead so we can go to Court!” ___ P approached the Court to seek the reinstatement of a deregistered Co: [1] In 2010 the Co was incorporated. Shortly afterwards P and D1 - who were siblings - were the 2 Dirs and 2 equal shareholders: [4], [5] P said that at about this time P and D1 agreed the Co would purchase some p…
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What do you do if a new client comes in, having received poor advice from another adviser? On this weeks episode Jordan and Nathan discuss the complexity that comes with dobbing in poor advice including Assessing if it is infact poor advice, Whether you should speak to the adviser yourself, Whether the client wants to do anything about it & If this…
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“Valuation is art not science; so let the partnership’s receiver sell it.” ___ 10 partners - 5 family members and their spouses - planned to run a blueberry farming and forestry business on land owned by the partnership: [2], [5] 8 partners, the Ps, sued the other 2, the Ds: [3] In 2007 the partners purchased the Property and entered into a deed: […
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There's no such thing as a pre-nup in Australia right? That's at least what many people believe. This week, Jordan and Nathan welcome special guest Jemma Mackenzie from Forte Family Lawyers on the podcast to dispell that myth, and explore the how and why of Binding Finanical Agreements for people before a relationship, during a relationship or afte…
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Going out on your own isn't for the faint of heart - it's intimidating, stressful and plain old hard. However, it can also be tremendously rewarding building your own thing, the way you think it should be done. So this week, Jordan and Nathan explore what it looks like to really go out on your own. Between them, they've started more than their shar…
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“You changed the business I sold you so you could underpay me!” ___ By deed P sold their shares in an online retail business to D.P was to receive $20M, some shares in D, and the Earn Out Amount (“EOM”): [3] According to the deed, the EOM was the Base EOM of $10M plus the Additional EOM: [6] The Additional EOM was the rounded difference between the…
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There's a lot of misinformation out there about what happens if there's a challenge, or dispute, to a will. But beyond the thing that triggers the dispute - or the grounds somebody uses to challenge a will - there's a deep question about how that dispute will be resolved. There are plenty of paths that lead to a resolution and each one has its own …
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In this week's episode, Nathan and Jordan examine a big issue that ALL practitioners are going to have to confront in their career - our client's capacity to provide details, instructions and decisions with our advice. Nathan and Jordan discuss: What IS client capacity and what are the different forms it takes? Why should financial advisers care? W…
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Every working Australian will have, somewhere, a superannuation account. And in that account will be some money and, likely, some insurance. But how do you, as the executor of your loved one's estate, handle this unique and complex asset? Who do you speak with, what do you ask them, how will they handle it, where do you go? Well, I've asked indepen…
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Financial advice is financial advice. Simple, right? Well, not when you think about the evolving spectrum of options we advisers have to choose from. Do you want to focus on technical advice? Product advice? Goals-based advice? Or values-based advice? Or something different again? What are these different approaches, what motivates these distinctio…
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It's not at all pleasant, but the topic of life insurance was always going to be something I had to cover in this podcast series. Not only because it's complicated, abstract and important - but also because responsible people have life insurance in place. And when they pass away, the people they leave behind need to untangle what it all means. Whic…
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Has the advice profession ever been as united as it is now in the face of the Compensation Scheme of Last Resort? Nathan and Jordan have certainly spent more time than is healthy railing about it - even to the point of alluding to these eye-rolling sessions of exasperation in recent episodes. But instead of just ranting and raving, we thought the m…
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Up to this point in the series, we’ve been focusing on the procedural elements involved in those first months after losing your partner. But what about the emotional impact? More specifically, what about the toll it’s going to take on you and your kids? This week’s episode is all about how parents can walk the tightrope of grief, while juggling the…
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“Our parents’ citrus farm is a partnership asset!” ___ Two siblings in partnership, P and D, ran a citrus farming business, having received it from their parents in the 2000s: [1] (P, the parents’ exec, sought access to the parents’ privileged documents after death. As exec, P could waive privilege, however doing so was for themselves and not in th…
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It's that time of year again! Where we advisers put ourselves under huge amounts of pressure to meet the deadline of the end of the financial year. From superannuation contributions to CPD points to those hardy souls still running on a year-end FDS regimen, it's a time of strain, pressure and, to be honest, sacrifice. So Jordan and Nathan spend som…
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Where do you even start with administering the estate you're now responsible for? We've covered the big terms in recent episodes - what's involved in being an executor, probate and how testamentary trusts work. But how do you simply do the stuff that need's doing? Well, in this week's episode, our independent financial adviser Jordan Vaka speaks wi…
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Risk advice is dead - but nobody seems to have told this week's guest, Phil Thompson of Skye Wealth. Phil's a business person who happens to own one of the fastest growing and, to our knowledge, most efficient risk-only practices in the country. In this week's episode, he helps us better understand: The perpetual evolution of systems, processes and…
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The most fun James has ever had guesting on another podcast! There's laughter, James' advice for how to enjoy Drake, there's more laughter, and there's also some depth as James, Jordan and Nathan reflect on what it means to be progressive (and to question some of the central tenets of capitalism) while also doing financial and corporate work. A won…
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One of the things that impresses me about the people I work with, is the way they get on with the many, many things that follow the passing of their partner. This is particularly impressive given the jargon they need to learn - and learn quickly. Because all of us in the space - estate lawyers, accountants, financial advisers - are familiar with th…
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In April 2024 James sat down with Roger Christie, MD of Propel, to talk about the use of LinkedIn for building a legal practice (but it's extremely interesting and includes James having to take a pause because Roge has said something pretty moving and insightful). You can catch the Digital Reputation Podcast here: https://propelgroup.com.au/podcast…
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In this week's episode, Jordan and Nathan discuss the Professional Year. We're a few years into this addition to our profession, so they discuss it from a few different perspectives: How it compares to how other professions tackle the idea of on-the-job experience. the opportunities it offers new advisers, employers and the profession as a whole. s…
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Being an executor is - despite what your late partner may have told you - a serious, significant and time-consuming job. And that's just for a 'simple' estate. Throw in any complexity - a self-managed super fund, companies, investments - and you've got your work cut out for you. Which is why Jordan's invited David Patkin along. An experienced estat…
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If you're a financial adviser for long enough, you're going to come up against one of life's inevitabilities - the death of a client. And, because you're a diligent financial adviser, your client will have been well prepared. Insurance in place. Estate planning sorted. Wealth invested soundly. But, Nathan and Jordan ask in part of of a double-episo…
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Gaaaah! James got to be the first ever private practice lawyer on Mel Storey's incredible in-house counsel themed podcast, Counsel! This pod was recorded IMMEDIATELY after James launched his firm Gravamen at the Happy Lawyer Happy Life retreat in November 2023. Grab yourself a mimosa and enjoy this incredible chat. A link to Mel's podcast is here: …
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This episode of Life, Loss & Legacy is all about testamentary trusts, so Jordan's speaking with solicitor Claire Stollery - partner at Tony Kelly Lawyers, and an expert in the field. Claire outlines: What a testamentary trust actually is The benefits of having one The steps new trustees need to be aware of as they administer the trust Who's who in …
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If you're a financial adviser for long enough, you're going to come up against one of life's inevitabilities - the death of a client. And, because you're a diligent financial adviser, your client will have been well prepared. Insurance in place. Estate planning sorted. Wealth invested soundly. But, Nathan and Jordan ask in part 1 of this double-epi…
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“Give me back my job selling diamonds!” ___ A Co that sold diamonds and jewellery had 4 shareholders, entities related to the Co’s directors who were P1, D2, D3, and D4: [1], [9] P1 and their sibling, P2, were fired by the Co from their roles as CEO and sales director respectively: [3] The Ps (including P1’s shareholding entity) sued alleging the C…
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This first episode proper of the Life, Loss & Legacy series is all about decisions. The multitude of decisions you're facing now as you navigate these first few years of bereavement. The scale of decisions you're having to make. And a framework to help you categorise the many, many decisions you're facing, to help make it all a bit easier. Independ…
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This episode of Life, Loss & Legacy highlights the importance of Estate Planning. Jordan's joined by Lucy Percy, principal of Head and Heart Estate Planning, and they discuss a range of important considerations when it comes to planning how you want your estate to be distributed. Lucy's statement that a proper estate plan is the "last act of love f…
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Look, I'll be honest - I don't really know how to caption this episode. It's chaotic, it's hilarious, it's interesting and it was fun as all get out to record. We're joined by James D'Apice, of Gravamen Law and the Coffee and a Case Note podcast. And, wooee, does it get wild. Belt up, listen in and join us for the ride. Plus, you can reach James vi…
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James got to sit down for a chat about his progression through the world of legal practice with the legal Amogh Kadhe, of the ChatterMatters Podcast in early 2024. Please enjoy! You can find the ChatterMatters LinkedIn page here: https://www.linkedin.com/company/chattermatters-podcast/?originalSubdomain=au…
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“I’ve retired as a partner. I want market value with no discounts!” ___ In 2018, 4 Cos entered into a partnership agreement. The business related to growing and selling tea: [1], [5] P retired from the partnership. The agreement provided that the partnership would not be dissolved on a partner’s retirement: [2] The question was: what value should P…
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This weeks episode has Nathan and Jordan talking with the inaugural FAAA Adviser of the Year - Sacha Burchgart. Jordan manages to absolutely mangle the intro - rolling through all sorts of mistakes - before leaving it up to Sacha and Nathan to save the episode. In doing so, they discuss: The efficiencies Sacha has found by rolling out a practical t…
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“You tried to kick me out of the law firm partnership!” ___ A partnership operated a law firm. A deed governed the partners’ relationship. The partners were either fixed draw (“salaried”) partners or (often more lucrative) capital partners: [1], [2] Each partner was a trustee of a separate trust: [2] P was a capital partner, purportedly expelled fr…
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In March 2024 James had a chat with Josh Lawlor and Monica Walmsley from the Personal Branding Unlocked podcast. It's a wide-ranging chat that features James' views on his own branding *journey* with some lessons you can apply in your practice. You can find the PBU pod here: https://www.personalbrandingunlocked.com.au/…
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PlanningSolo Presents: Life, Loss and Legacy - a podcast series to help you navigate those first few years after the loss of your partner. In this introduction, independent financial adviser and series host, Jordan Vaka, explains why he's started this series, the various experts he's brought in to help and what he hopes you get out of it. With anot…
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This week the boys are joined by Jayden Adams, Director and Financial Adviser at Adams Financial Group. Knowing from a young age he wanted to be a financial adviser, but not knowing the best path, Jayden takes Nathan and Jordan through his journey to date. Jayden discusses what he wishes he'd have known earlier, as well as the tips and ideas he'd l…
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Back to a technical topic, this week the boys discuss Annuities, looking at How they work Where adviser reluctance may come from How to identify clients that Lifetime annuities may be appropriate for What to watch out for And of course a bit of off topic banter. Remember, this is just a podcast and is not to be taken as financial advice. As always,…
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“Compensate the company. Then pay that money to me!” ___ P, a former shareholder, sought to bring a claim on behalf of the Co and then have the proceeds paid to themselves: [1] - [3] s237(2)(a): the Co was not going to bring the claim itself: [8] s237(2)(d): the Court considered (i) whether the pleaded case could be proved, and (ii) if so whether t…
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In this episode, Nathan and Jordan tackle the (at-times controversial) risk profile questionnaire. Where does it come from? How relevant is the old tick-box questionnaire in a modern advisory practice? How can it protect clients, and advisers? And how can advisers take what's often been viewed as a perfunctory exercise in nothingness and make it us…
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In early 2024 James sat down (remotely) with David Turner to chat about starting a law firm from scratch. Even though James was only a matter of weeks (!) into his journey he did his best to share everything he could - warts and all. Please enjoy this revealing and entertaining chat between James and David. ___ You can find other episodes of Hearsa…
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In March 2024 James had the opportunity to talk with Communications and Law student and producer of the Hearsay Legal Podcast, Jacob Malby, about creativity, freestyle rap, and law. This conversation traverses Coffee and a Case Note as well as other projects of James' with his Spooko co-creator, Thomas McMullan. A link to Spooko is here: https://fb…
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In this week's episode, Nathan and Jordan speak with James O'Reilly of Northeast Wealth. James - a long-time challenger of the standards in financial advice - discusses: The uniquely tantalising idea of Budget night in a house full of financial advisers. His path to building a practice aligned with his values, beliefs and priorities. The small step…
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“Hey! Stop trying to work for our competitor!” D was a consultant who, in 2022, left one large firm and joined another. D’s expertise was defence work: [2], [3] The 2022 role included a 2 year restraint: [4] The 2022 employer underwent a restructure following a scandal and D was then employed by P, or an entity related to it: [6], [9] D’s contract …
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Divorce is one of life's most tumultuous transitions. So the more assistance and guidance you can get as you navigate that path, the better. But, as Jordan and Nathan explore in this episode, it can be hard to work out where financial advice can fit in the picture. After several years focusing in the area, they discuss: The three phases of the divo…
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This week, we're discussing Video SOAs. What are they, how are they helpful and - most critically - what are they NOT? Jordan spends some time unpacking the process he follows in preparing advice, and Nathan provides clear guidance on how reviewing and rejigging that approach can lead to better client, adviser and practice outcomes. If you've been …
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In this week's episode, Jordan and Nathan are joined by Martin McGrath of Financial Edge Group. An accomplished business owner and financial adviser, Martin is the winner of the FAAA's CFP of the Year award. In this episode, Martin takes us through: His journey from accountant to financial adviser to business owner to specialist. Why he decided to …
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