At a free community seminar on retirement run by Lakeview Advice, an attendee, Rosa, tells the presenter, a relevant provider, that she is 61, has A$310,000 in super and wants to stop work next year. She asks whether she should move into a balanced option. The presenter replies, 'In your position I'd switch to balanced.' The reply is BEST described as…
Under s766B(3) of the Corporations Act 2001 (compilation 19 Sep 2026), advice is personal advice if the provider considered one or more of the person's objectives, financial situation and needs, or a reasonable person might expect them to have. The presenter answered Rosa's own question about her age, balance and retirement plans with 'In your position', so a reasonable person would expect her situation to have been considered. Most seminar content is general advice, but the setting does not decide the character of a one-to-one answer, and Rosa need not be an existing client. A general advice warning is a disclaimer, and a disclaimer doesn't change the legal outcome. Advice about switching investment options in her fund is still financial product advice: s766B(1) covers decisions about a class of products or an interest in a product, whether or not an issuer is named.
The seminar setting suggests general advice, but s766B(3) asks what was considered, or would reasonably be expected to be, not where it was said.
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