I question the validity of constitutional challenge - of someone like Ken Hayne says that previous case law applies, he is probably right, and would take a push to the high court to get movement - something that is unlikely to be able to be driven by the adviser community. Having said that, the possibility still exists.
If they were to make grandfathered commissions subject to opt in, the issue would disappear. Those who are being legitimately serviced (especially those with products associated with centreline grandfathering rules) will continue to be serviced, the adviser paid for the work. Those who have no relationship will lose the revenue, just as they would under fofa opt in. Seems simple enough to me.
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