So the taxpayer would fund this process. If there is no money to be found from the Cassimatises (and I'd imagine they will have found a suitable means of , um, disposing of their own funds some long time ago) are you saying if compensation is deemed (by whom? ASIC?) to be payable, the taxpayer is also going to be up for paying this?As stated in the above referenced article by Solly, Mr. D'Aloisio refers to potential "compensataion action". This possible action would be initiated under section 50 powers of the ASIC Act where ASIC fund the action by way of the tax payer. The main criterion for ASIC to declare a section 50 action is that it is considered to be "in the publc interest".
If a section 50 action is declared by ASIC it doesn't mean that compensation is automatically paid to affected investors. It just means that ASIC will use its own nominated legal people and funds to purse the so called "wrong doers".
ASIC would still have to go through the same process as say eg. Slater & Gordon in pursuing recovery litigation. It is a possibility that ASIC won't be able to recover any funds.
Hopefully for Storm investors, ASIC will declare a section 50 action and be successful in obtaining some compensation.
So the taxpayer would fund this process. If there is no money to be found from the Cassimatises (and I'd imagine they will have found a suitable means of , um, disposing of their own funds some long time ago) are you saying if compensation is deemed (by whom? ASIC?) to be payable, the taxpayer is also going to be up for paying this?
I don't think I'd be exactly ecstatic about my tax dollars being paid to people who didn't exert personal responsibility over what happened to their money. No one is going to compensate most of us for the wrong decisions we make.
Onlooker, you make valid points. If you read through this whole thread (a considerable undertaking by this point) you'll see that we've been through all this and asked all your questions re risk profile etc etc before.
Few answers were offered.
Onlooker, you've outlined the situation and philosophy of many of us who've been posting on this thread, whether we've held on through the downturn, or cashed out when the market fell. Whichever, we took responsibility and made a decision, the results of which we accept today.The same people who gave us the lovely word "Schadenfreude", also have the very fitting saying, "Geteiltes Leid ist halbes Leid", meaning that a loss shared is only half a loss.
So allow me to tell you of my experience as we went through the 2008 shake-out:
The high-point was the 1st of July 2007 when the All Ords stood at 6853. We were all financial geniuses who had just found the secret of everlasting prosperity!
The euphoria lasted until December 2007 by which time the market had ever-so-slowly declined by about 10%.
By March 2008 it had declined 20% in slow, small, incremental steps. Nothing to worry about as we were still flying high. In fact, all throughout the next three months things improved slightly but then the rot set in in July 2008.
By October 2008 I was down 45% from the all-time high in July 2007.
By November 2008 I was 55% down!
The new year brought the tiniest of recoveries, and as recently as March and April I was still 30% to 40% down.
As of today, when the All Ords is at 3802, I am still 29% off my best and all indications are that the recovery will be long and slow. The All Ords may be back at 4000 by Christmas!
During all this time I remained pretty much fully invested. It was all my own money and I did not need any of it as the dividend income from the underlying shares gave me an adequate income (of course, it took a toll on my nerves but that's another story for another time
THAT is the difference between investing and gambling!
THAT is the difference between me and Storm!
Had I been 'stormified' and in the market with other people's money, I would've lost my pants, too, as those other people would've wanted their money back - and who can blame them?
I'm still down many hundreds of thousands of dollars! Money I regret not having, not because I want it for myself but for what it could've done for some of the charities I support in India and in Bali.
I can't sue anybody for my own folly! Perhaps I should've sued my parents for putting such a dumb bastard into the world but, alas, they're already both dead.
Farencue, thanks for that. I might be quite wrong, but I had the impression that the process referred to in Quincy's earlier post wasn't to do with the CBA but rather to do with a separate consideration by ASIC.Julia, I thought you might be interested to know that not all publications are reporting that the CBA is compensating the Stormers.
This article calls it a dispute resolution process, which of course is not the same thing as being compensated. For some reason I cant post the link, so have copied the article from www.moneymanagement.com.au
The taxpayers would fund the litigation not the compensation...
I assume that if ASIC was to sue Storm it would be as a sort of token kick to the head...
Did anyone listen to the first of the public hearings into the collapse of Storm , Opes Prime and others as ASIC appeared?I missed it.
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