A former Macquarie banker says hazy guidelines around lending will cause problems for the next six months following the Westpac case, predicting the big four banks will corner ASIC and demand clearer standards, according to an exclusive in InvestorDaily today.
During
a panel discussion at The REAL Future of Advice Conference in Vietnam
this week, former Macquarie head of sales and distribution for
mortgages, Tim Brown, noted the recent Federal Court decision ruling in
the favour of Westpac.
ASIC
had taken Westpac to court over allegations it breached lending laws
between 2011 and 2015 by using the household expenditure measure to
estimate potential borrowers’ living expenses.
ASIC had argued the benchmark was too frugal and that customers’ expenses were higher.
Mr
Brown, who is currently the chief executive of Ezifin Financial
Services, called the current lending landscape a “minefield” where
lenders “can’t get clarification from ASIC” over standards for
evaluating consumers’ eligibility for mortgages.
“I
think the problem with this whole expense discussion, as I was pointed
out earlier on is that a lot of the assessors put their own personal
assessment on what someone else spends money on, which is where the
problem lies,” Mr Brown said.
“It needs to be much more factual.
“I
think it is going to be a problem for at least another six months until
some of the banks get together with ASIC and say look we need to get
some clear guidelines around this. Because they’re basically saying HEM
isn’t acceptable anymore.”
Mr
Brown noted when he first started lending, brokers would sit with
clients, go through their expenses and make sure they had enough
capacity to meet any future increases and interest rates, by using HEM
and allowing up to two and a half per cent above the current rate.
Reflecting on his expenses when buying his first house, said he did not think he would have passed current standards.
“But
within the first six months of buying a home, and we know this
factually and we’ve recently seen ASIC having these discussions, that
most people will reduce their discretionary spending by 20 per cent.
“Now,
most assessors in the past could make that decision without any
concern. But in the current environment, they are afraid to make those
decisions now because there’s a way around it and ASIC might review
that. And this comes back to this personal assessment of someone else’s
opinion on what someone should have a discretionary not a discretion.
“Because
ASIC just goes ‘well you know best endeavors, you know, whatever you
think is reasonable.’ And then they’ll charge you if they don’t think
it’s reasonable.”
‘We want some direction’
Talking
about missing clarity from ASIC, Mr Brown said: “The banks are sick of
this game that they’re playing with ASIC at the moment and eventually
the four of them will get together and say look, you need to give us
some clear guidelines.”
“At
the moment, I think the industry bodies are trying to come together
with something they can take to ASIC both from a vendor’s perspective
and also from a MFAA (Mortgage and Finance Association of Australia) and
FBAA (Finance Brokers Association of Australia).”
Mr Brown noted every time he had been on a panel, he had been asked about the Westpac decision.
“There’s obviously a real concern among the number of people at the moment,” he said.
Fitch Ratings says residential mortgage loans in Scandinavia, the Netherlands and Switzerland have seen exceptionally strong performance despite high loan-to-value (LTV) ratios and significant household debt. This reflects generous social security systems and large household wealth, which are a common denominator of these ‘AAA’ rated jurisdictions with strong public finances.
The growth of housing
debt in Scandinavia, the Netherlands and Switzerland can be explained
by a combination of tax deductibility, low interest rates, and unique
features of each respective mortgage market. These include long
contractual tenors and interest-only periods. Limited repayment has made
borrowers more sensitive to house price decreases. However,
macro-prudential requirements in each country are helping to address the
risk that high household debt could jeopardise financial stability.
Macro-prudential
measures were originally focused on maximum LTV and stressed
affordability at origination, but lower mortgage rates continued to
stimulate mortgage growth. Banking authorities therefore imposed minimum
mortgage loan amortisation as well as maximum loan-to-income (LTI) or
debt-to-income ratios. Such restrictions have contributed to the recent
adjustment in Norwegian and Swedish house prices and limited lending
growth in Denmark. Swiss regulators have tightened capital requirements
for banks and promoted self-regulation, which established minimum
amortisation for mortgages above 66% LTV. Gradual changes to tax
incentives and underwriting standards were introduced by the Dutch
authorities, especially since 2013, which have made the mortgage market
more resilient.
The latest discussion with Chris Bates, mortgage broker and financial planner, as we dissect the latest trends. Property prices higher, maybe in some places, but there are other more critical trends in play, and prospective buyers need to be careful!
Chris can be found at www.wealthful.com.au & www.theelephantintheroom.com.au plus via LinkedIn: https://www.linkedin.com/in/christopherbates
Australia’s customer owned
banking sector welcomes reports that the Australian Competition and Consumer
Commission (ACCC) is requesting to conduct an inquiry into the banking
industry’s competitiveness.
Customer Owned Banking Association CEO Michael Lawrence
says the request from the ACCC and the comments from Tim Wilson MP were
encouraging for credit unions, building societies and mutual banks who have
been leading the charge for a more competitive retail banking market.
“The enduring solution to concerns about the banking
market is action to promote competition.
“We don’t have sustainable banking competition at
the moment. A lack of competition can contribute to inappropriate conduct
by firms, and insufficient choice, limited access and poor-quality products for
consumers.
“We strongly support the ACCC’s calls for an
inquiry to examine the banking industry’s competitiveness. It’s encouraging to
see that the ACCC and Tim Wilson MP share our sector’s concerns about
competition and what an uncompetitive banking market means for consumers.
“Last year’s Productivity Commission’s report on
competition in banking sent strong messages to regulators and policymakers that
regulation is hurting competition and consumers are paying the price.
“The regulatory framework over time has
entrenched the dominant position of the largest banks.
“The PC report shone a light on a problem that is not
well enough recognised – that more and more regulation can be harmful to
consumers because it weakens competition.
“The Productivity Commission found that competition
drives innovation and overall value for customers.
“The Financial Services Royal Commission
looked into misconduct, now is the time to look into competition.”
ASIC says Australian financial services (AFS) licence holder ClearView Financial Advice Pty Ltd (ClearView) has completed a review and remediation program for over 200 clients who received poor life insurance advice.
Under this program, ClearView reviewed 4,269 advice files from 279 of
its advisers and remediated clients who had suffered loss. 215 clients
were offered $730,138 in financial compensation and 21 clients received
non-financial remediation through reissued advice documents and fee
disclosure.
ASIC first identified issues of non-compliant advice by ClearView’s
representatives during an industry-wide review of retail life insurance
in 2014 (14-263MR).
A sample review of ClearView’s advice files highlighted broad areas
of concern such as inadequate needs analysis for client, insufficient
explanation about the pros and cons of using superannuation to fund
insurance premiums, inadequate consideration of premium affordability
issues and poor disclosure about replacement products. ASIC raised these
issues as well as some concerns related to the conduct of Jason
Churchill, one of ClearView’s advisers at the time.
In 2016, ASIC accepted an enforceable undertaking (EU) from Mr
Churchill for failure to meet his obligations as a financial adviser (16-008MR).
Under the EU, Mr Churchill agreed to undergo additional training,
adhere to strict supervision requirements and have each piece of advice
audited by his authorising licensee before it was provided to clients.
Separately, ClearView undertook to review advice previously provided by
Mr Churchill and remediate clients who had received inappropriate
advice.
ClearView also began a review of the personal insurance advice
provided by its advisers to determine if there was a systemic issue
related to the broad areas of concern identified by ASIC and engaged
Deloitte to provide independent oversight. This review found that a
number of ClearView’s advisers did not undertake adequate ‘needs
analysis’ for clients.
The needs analysis is a critical part of the financial advice
process. It enables advisers to understand their clients’ financial
situation, needs and objectives, and provides the basis for the
financial advice.
To identify all instances of this issue and to remediate any
adversely affected clients, ClearView undertook a full review and
remediation program in accordance with Regulatory Guide 256: Client review and remediation conducted by advice licensees
(RG 256). Deloitte oversaw the review and remediation program to
ensure that it was conducted in accordance with the principles set out
in RG 256.
We ran our September 2019 live event last night with strong participation from our audience. During the show we discussed our updated scenarios (based on a starting point of August 2018) and answered a range of questions on property and finance.
The edited edition of the show is available to view in replay. This excludes the pre-show and live chat, but does include some behind the scene glimpses.
Our scenarios present a range of alternative outcomes, looking 2-3 years out. “Business As Usual” is based on the RBA’s view, with some tweaks – as we do not believe unemployment will fall to their target of 4.5%! Here there is a path to higher home prices, though with falls later as the current “recovery” reverses.
“Things Can Only Get Better” – is our view of the fading local economy without significant international economic disruption, with unemployment rising, as retail and construction slows, countered by additional Government intervention within their “surplus” limits. Here home prices fall once again.
“Not Yet Doomsday” is our scenario where international economic conditions deteriorate (China, US, Brexit Etc…) as global growth slows. This has a significant impact on the local economy and the spillover effects drive the Australian economy into recession. As liquidity pressures emerge one bank will need assistance.
“Armageddon” is where we get a GFC 2.0 type event, with global liquidity under pressure, and banks needing to be rescued by either bailing in or bailing out. The spillover impacts will be significant (as once again tax payers or households end up picking up the tab. More QE will follow.
Finally “Doomsday” would be the case where Central Banks and Governments allow banks to fail, with all the knock-on consequences.
As well as estimating the impact on unemployment and home prices we also weight the probability of each outcome. This is updated each month as new information arrives via our Core Market Model.
The original live stream recording is also available, with the show commencing at 30 mins in to allow for the live chat replay.
More on the Cash Restriction Bill with Robbie Barwick from the CEC.
The Liberal/Nationals joint party room agreed to support the bill, despite the 4,000 or so public submissions not posted by Treasury, and the details of the bill yet to be released. Democracy at work?
Use and share these links for finding MPs and Senators.
Click the link, and find the heading State/Territory in the box titled Refine Search on the right hand side of the page. Click on your state and call as many MPs and Senators as you can, on their Parliament House numbers, starting with 02-6.
The ABS released their price data series to end June, so late as to be little more than a historical artifact, given the rate cuts, APRA changes and other events. Since June the kitchen sink has been thrown to try to force prices higher, though lead indicators are weakening again now. The total value of Australia’s 10.3 million residential dwellings fell by $17.6 billion to $6,610.6 billion in the June quarter 2019.
Residential property prices fell 0.7 per cent in the June quarter 2019, according to figures released today by the Australian Bureau of Statistics (ABS).
The falls in property prices were led by the Melbourne (-0.8 per cent) and Sydney (-0.5 per cent) property markets. All capital cities apart from Hobart (+0.5 per cent) and Canberra (+0.2 per cent) recorded falls in property prices in the June quarter 2019.
ABS Chief Economist Bruce Hockman said, “The falls in Melbourne were driven by detached dwellings, while attached dwellings drove the fall in Sydney”.
Through the year, residential property prices fell 7.4 per cent in the June quarter 2019. Prices fell 9.6 per cent in Sydney and 9.3 per cent in Melbourne. Hobart (+2.0 per cent) was the only capital city to record positive through the year growth.
“Sydney and Melbourne housing markets have seen residential property price falls moderate this quarter. A number of housing market indicators, such as auction volumes and clearance rates, have begun to show signs of improvement, though they remain below the levels seen one year earlier”, said Mr Hockman.
The total value of Australia’s 10.3 million residential dwellings fell by $17.6 billion to $6,610.6 billion in the June quarter 2019. The mean price of dwellings in Australia is now $638,900. The total value of residential dwellings has fallen for five consecutive quarters, down from $6,957.2 billion in the March quarter 2018.
The RBA released their minutes today. Clear talk of more cuts, against a weaker global scene. But holding on to households spending more as the housing sector wakens. Rates will be lower for longer as Central Banks globally cut to the max. Saved somewhat by Government spending and higher iron ore price, but small businesses not borrowing, and households not spending.
International Economic Conditions
Members commenced their discussion of the global economy by noting that business conditions in the
manufacturing sectors in many economies had remained subdued. They discussed the escalation of the
US–China trade and technology disputes, which had intensified the downside risks to the global
outlook. By contrast, conditions in more domestically focused sectors had generally continued to be
resilient, supported by ongoing strength in labour markets. Employment growth had remained robust in the
major advanced economies, although it had eased a little in some economies in recent months, and
unemployment rates had remained low. Although wages growth had picked up, year-ended inflation had
remained below target in the major advanced economies. Members noted that inflation in the United States
had increased in recent months.
The main development over the previous month had been the escalation of the US–China trade and
technology disputes. The United States had announced higher tariffs on most imports from China,
including consumer goods that had not previously been subject to the tariff increases, to take effect
over the remainder of 2019. Members noted that recent and prospective increases in tariffs could
increase consumer price inflation in the United States by between ¼ and ½ percentage
point over the following few years, based on a range of published estimates. In response to the US
announcements, China had suspended purchases of US agricultural products and had announced plans to
increase tariffs on around one-half of the value of US imports. In value terms, US exports to China
had contracted by around 20 per cent over the year to June, while US imports from China
had been around 3 per cent lower. Members also noted that some other east Asian economies were
benefiting from the diversion of US imports away from China.
More generally, global trade volumes had fallen over the previous year, reflecting both the escalation
of trade tensions and slower growth in Chinese domestic demand. Weak external demand had been reflected
in slowing growth in global industrial production and below-average conditions in the global
manufacturing sector. Recent indicators suggested trade-related activity would remain weak for some
time.
Members noted that weak external demand and heightened geopolitical uncertainty had contributed to
lower growth in business investment in many economies, including the United States, the euro area and
the United Kingdom. These economies had also recorded declines in investment intentions. By contrast, in
the United States the household sector had been resilient, but overall GDP growth had slowed in the June
quarter. GDP growth had also slowed in most euro area countries in the June quarter; Germany had
recorded a small contraction in GDP. By contrast, GDP growth in Japan had been moderate, supported by
consumption brought forward ahead of a scheduled increase in the consumption tax in October, as well as
ongoing growth in investment, bolstered by the need to address labour shortages.
Recent data suggested that growth in China had eased further. Most indicators of economic activity had
slowed in July, including in components being supported by recent policy measures, such as
infrastructure investment. The level of steel production had declined slightly. Retail sales growth had
resumed its downward trend, after having received a boost from strong growth in car sales in recent
months ahead of tighter emission standards coming into effect. In India, recent indicators had also
pointed to output growth slowing.
Weak global trade had continued to weigh on growth in east Asia. Trade within the region and with China
had contracted further in June. Growth in industrial production and survey measures of manufacturing
conditions had remained weak. Political unrest had weighed on economic conditions for businesses and
households in Hong Kong, while an ongoing dispute with Japan had disrupted South Korean production of
electronics. However, domestic demand elsewhere in the region had held up, supported by government
policies in some cases.
Iron ore prices had declined since the previous meeting, but were around 40 per cent higher
than a year earlier. Market reports had attributed these declines to a number of factors, including
concerns about the outlook for steel demand in China following the escalation of the disputes between
the United States and China in early August, lower steel prices and an easing in supply concerns. The
prices of coal and rural commodities had been somewhat lower over the prior month, while oil and base
metals prices had been little changed, except where there had been disruptions to the supply of specific
metals.
Domestic Economic Conditions
The main information on the domestic economy received since the previous meeting had been on the labour
market as well as partial indicators of output growth in the June quarter in the lead-up to the
publication of the national accounts. Quarterly GDP growth was expected to be around
½ per cent, supported by a strong recovery in resource exports from earlier supply
disruptions.
The ABS capital expenditure (Capex) survey suggested that mining investment had grown in the June
quarter, driven by an increase in machinery & equipment investment. The Capex survey suggested there
had also been an increase in machinery & equipment investment by the non-mining sector in the June
quarter, while non-residential construction was expected to have declined. Investment intentions for
2019/20 had been positive for the mining sector, but had been modestly
lower for the non-mining sector. Members noted that the outlook for the construction sector was
particularly weak.
Members recognised that, overall, Australian businesses had not appeared to have been affected by the
weak trade environment to the same extent as businesses in other advanced economies. This was partly
because Australia’s exports are more exposed to Chinese domestic demand and less integrated in
global supply chains.
Consumption growth was expected to have remained low in the June quarter. Retail sales volumes had been
weak in the June quarter and the value of retail sales had fallen in July. The low- and middle-income
tax offset (LMITO) was expected to boost household income, and thus support consumption growth, in
coming quarters. However, the Bank’s liaison with retailers suggested that this had yet to lift
spending noticeably. Members noted that even if the LMITO was used to pay off debts, this would still
bring forward the point at which households could increase their spending.
Established housing market conditions had steadied in recent months. Reported housing prices in Sydney
and Melbourne had risen noticeably in August and auction clearance rates had increased further, although
volumes had remained low. Housing market conditions had been subdued elsewhere, although there were
signs of housing prices stabilising in Brisbane. Housing turnover had remained low. Consequently,
spending on home furnishings and other housing-related items was not expected to contribute to
consumption growth in the near term. Indicators suggested that dwelling investment had declined further
in the June quarter and indicators of earlier stages of residential building activity had remained weak;
building approvals had declined further in June and other measures of early-stage activity and buyer
interest had remained at low levels.
Employment growth had remained strong in July, but the unemployment rate had remained at
5.2 per cent. Employment growth over preceding months had been broadly based across states and
had predominantly been in full-time work. Strong employment growth had been accompanied by a further
increase in the participation rate, which had recorded another all-time high. Members noted that the
increase in participation had been particularly notable for New South Wales. Forward-looking indicators
had continued to suggest that employment growth would moderate over the following six months.
Information from liaison suggested employment intentions had remained weak in the residential
construction sector but positive among services firms.
Wages growth had remained low and the upward trend in wages growth appeared to have stalled. The wage
price index had increased by 2.3 per cent over the year to the June quarter. Private sector
wages growth had been unchanged in the quarter, while public sector wages growth had been a little
higher. Most of this increase had been the result of a one-off adjustment to equalise the wages of
nurses and midwives in Victoria with those in New South Wales.
Financial Markets
Members commenced their discussion of financial markets by noting that government bond yields had
declined and were at record lows in many countries, including Australia. Volatility and risk premiums in
global financial markets had increased in August, following the escalation of the disputes between the
United States and China and disappointing economic data releases in Germany and China. The persistent
downside risks to the global economy, combined with subdued inflation, had led a number of central banks
to reduce interest rates in recent months and further monetary easing was widely expected.
In the United States, market pricing implied that the federal funds rate was expected to decline by
around 100 basis points over the following year. Market participants also expected the European
Central Bank to provide additional monetary stimulus in the near term, including renewed asset purchases
and a reduction in its policy rate further into negative territory. Central banks in a number of other
advanced economies had also eased policy, or signalled that they were prepared to do so, in response to
subdued inflation, moderating activity and downside risks to growth. For similar reasons, central banks
in emerging markets had also been easing policy over recent months and had signalled the possibility of
further easing.
Financial conditions for corporations remained accommodative globally. This reflected market
participants’ ongoing expectations that central banks were likely to deliver further monetary
easing to sustain the global economic expansion. Corporate bond spreads had increased a little in
August, but remained low. Equity prices had declined somewhat, reflecting concerns about the outlook for
growth, but remained substantially higher over the year to date. In Australia, equity prices were
5 per cent below the record high reached in late July. Australian listed companies’
profits had risen, driven by the resources sector. At the aggregate level, companies had increased their
dividends over the preceding year, although this reflected higher dividends in the resources sector in
particular.
In China, the authorities had intervened to support three small banks in preceding months, and the
People’s Bank of China had continued to maintain a high level of liquidity in the banking system.
While funding conditions for smaller banks had tightened this year, money market rates and corporate and
government bond yields in China had generally remained low and market participants were expecting
further easing in monetary policy in the period ahead.
In foreign exchange markets, the Chinese renminbi had depreciated against the US dollar in August
following the escalation of the US–China disputes, while the Japanese yen had appreciated over
the month. The Australian dollar had been little changed at around its lowest level in some years.
In Australia, borrowing rates for both businesses and households were at historically low levels, as
were banks’ funding costs. Variable mortgage rates had declined broadly in line with the reductions
in the cash rate in June and July. Fixed mortgage rates had also declined substantially over the
preceding six months. Financial market pricing continued to imply that the cash rate was expected to be
lowered by another 25 basis points by November 2019, with a further cut expected in the early part
of 2020.
Growth in housing credit had been little changed over the year to July, having declined steadily
through 2018. Credit to investors had declined slightly over previous months. Meanwhile, housing loan
approvals to both owner-occupiers and investors had increased for the second consecutive month in July.
This pick-up in loan approvals had followed a significant decline over the preceding two years and was
consistent with the signs of stabilisation in the established housing market. Borrowing by large
businesses had continued to grow at a relatively strong pace. In contrast, small businesses’ access
to finance remained difficult, and had become more difficult over the preceding year as banks had
tightened their lending practices. While new sources of non-traditional finance had been growing,
including equity funding from family offices and private equity funds, they remained a small share of
business funding.
Members had a detailed discussion of the ways in which financial conditions abroad affect Australia.
They discussed how shifts in world interest rates and global risk premiums flow through to domestic
financial conditions. While Australia’s floating exchange rate means that monetary policy can be
set largely according to domestic considerations, members discussed the large shifts in
savings/investment decisions globally, which were affecting the level of interest rates everywhere,
including in Australia. Members also noted the critical role that the exchange rate had played over many
years as a shock absorber for the Australian economy. One important factor here has been that Australian
entities raising offshore funding are able to do so in Australian dollars, either directly or via
hedging markets.
Considerations for Monetary Policy
Turning to the policy decision, members observed that the news on the international economy had
confirmed that the risks to the global growth outlook were to the downside. The trade disputes between
the United States and China had escalated and growth in China had continued to slow. There had been
further indications that these developments were affecting trade and investment decisions in overseas
economies, although businesses had continued hiring and labour market conditions had remained
tight.
Against this backdrop and with ongoing low inflation, a number of central banks had reduced interest
rates over recent months and further monetary easing was widely expected. Long-term government bond
yields had declined and were at record lows in many countries, including Australia. Borrowing rates for
both businesses and households were also at historically low levels, and the Australian dollar exchange
rate was at the lowest level that it had been in recent times.
Domestically, members considered a number of developments over preceding months that had a bearing on
the monetary policy decision. First, employment had continued to grow strongly and the participation
rate was at a record high. However, the unemployment rate had remained steady at around
5.2 per cent over recent months. At the same time, wages growth had remained low and there
were few indications that wage pressures were building. Members noted that a further gradual lift in
wages growth would be a welcome development. Taken together, recent outcomes suggested that spare
capacity remained in the labour market and that the Australian economy could sustain lower rates of
unemployment and underemployment.
Second, there had been further signs of a turnaround in established housing markets, especially in
Sydney and Melbourne, although housing turnover had remained low. Housing credit growth had remained
subdued, although mortgage rates were at record low levels and there was strong competition for
borrowers of high credit quality. Data on residential building approvals and information from the
Bank’s liaison program suggested that there was likely to be further weakness in dwelling
investment in the near term; members recognised that this could sow the seeds of an upswing in the
housing price cycle at some point, particularly given the lengthy stages in the construction of
higher-density residential housing. Demand for credit by investors continued to be subdued and credit
conditions, especially for small and medium-sized businesses, remained tight.
Finally, based on partial indicators, GDP growth in the June quarter was expected to have been around
½ per cent. The largest contributions to growth were expected to have been from exports
and public demand. Private final demand, which includes consumption, business investment and dwelling
investment, was expected to have been weak.
Looking forward, the outlook for output growth was being supported by the low level of interest rates,
recent tax cuts, signs of stabilisation in some established housing markets and a brighter outlook for
the resources sector. A key uncertainty continued to be the outlook for consumption growth, which was
expected to increase over time, supported by a gradual pick-up in growth in household disposable income
and improvements in conditions in the housing market. Inflation pressures remained subdued, but
inflation was expected to increase gradually to be a little above 2 per cent over 2021 as
output growth picked up and the labour market tightened.
Based on the information available, members judged that it was reasonable to expect that an extended
period of low interest rates would be required in Australia to make sustained progress towards full
employment and achieve more assured progress towards the inflation target. Members would assess
developments in both the international and domestic economies, including labour market conditions, and
would ease monetary policy further if needed to support sustainable growth in the economy and the
achievement of the inflation target over time.
The Decision
The Board decided to leave the cash rate unchanged at 1.00 per cent.