Produced By: Ensombl
Author: Clayton Daniel, CEO of Ensombl and former practice principal of Hillross Silverstone
The financial planning profession in Australia is not merely
a technical discipline—it is a moral practice. Advisers are entrusted with
shaping the financial futures of individuals and families, and that trust rests
on ethical foundations. In recent years, with the codification of ethical
obligations under FASEA’s Code of Ethics, the industry has taken steps to
formalise these expectations. Yet, to truly elevate professionalism, advisers
must also understand the philosophical scaffolding underpinning these obligations.
Two major ethical frameworks—deontology and utilitarianism—offer
profoundly different ways to think about what is right. This article will
explore how these philosophies manifest in financial advice practice, not to
choose one over the other, but to enrich our ethical decision-making toolkit.
Deontology: The Rule of Right Action
Deontology, from the Greek deon (duty), holds that
actions are morally right or wrong independent of their consequences. Developed
most famously by Immanuel Kant, deontology teaches that we must act in ways
that are consistent with moral rules or duties, even if doing so leads to suboptimal
outcomes.
At its core, deontology focuses on intention and
principle.
Deontology in Financial Advice
Financial advisers operate in a regulatory ecosystem that in
many ways reflects a deontological structure: a set of rules, standards, and
obligations define what advisers must do. FASEA’s Code of Ethics, with its
emphasis on honesty, fairness, and acting in the client’s best interests,
aligns with a deontological perspective.
For example:
Deontological ethics supports the idea that there are
lines we cannot cross, even for a good cause. An adviser may be tempted to
withhold a confronting truth from a client to preserve the relationship, but
deontology would argue that honesty is non-negotiable—truth-telling is a duty,
not a strategy.
Strengths of Deontology
Limitations in Practice
However, deontology can falter in complex, real-world
scenarios. Imagine a client facing serious financial distress who is not
eligible for early access to super under current legislation. A purely
rule-bound approach may seem morally inadequate in light of the client’s
suffering. In such moments, advisers might look beyond the duty to ask: “What
outcome will cause the least harm?”
Enter utilitarianism.
Utilitarianism: The Morality of Outcomes
Utilitarianism is consequentialist—it evaluates actions by
their outcomes. Founded by Jeremy Bentham and expanded by John Stuart Mill,
utilitarianism holds that the right action is the one that maximises happiness
or wellbeing for the greatest number.
The focus here is on results.
Utilitarianism in Financial Advice
In a utilitarian framework, ethical decisions are assessed
by the benefit they create. An adviser working within this philosophy weighs
different options based on their client outcomes, not just compliance
with duty.
For example:
Utilitarianism aligns closely with client-centricity—maximising
their long-term wellbeing, even if the immediate recommendation is
uncomfortable or unpopular.
Strengths of Utilitarianism
Limitations in Practice
The chief risk of utilitarianism is justifying
questionable conduct for a “greater good”. For instance, using misleading
projections to keep a client invested in a downturn may reduce panic selling
and preserve their wealth—but it violates their autonomy and the principle of
honesty.
Moreover, predicting outcomes is inherently speculative.
Advisers operate in uncertain environments—what seems like the greatest good
today may unravel tomorrow. Utilitarianism, when applied too loosely, can also
open the door to rationalising poor behaviour as pragmatism.
The Ethical Tension in Practice
In the day-to-day world of financial planning, these two
ethical theories are not academic abstractions—they are the foundation of every
client conversation, every compliance decision, and every strategic
recommendation.
Consider this dilemma:
A long-standing client asks you to reclassify them as a
wholesale investor to participate in a high-risk, high-return private equity
fund. They don't technically qualify under the Corporations Act definitions but
have some experience and a strong desire to invest.
Both perspectives contain valid ethical logic. The
professional challenge is learning to balance principle with pragmatism.
Philosophical Integration: Toward Ethical Maturity
While deontology and utilitarianism offer contrasting
lenses, the most ethical advisers learn to integrate both.
The ethics of financial advice is not about choosing between
rules and results—it’s about building a professional identity grounded in
principle, attuned to outcomes, and shaped by reflection.
The Adviser as Moral Agent
Financial advisers in Australia are not simply
intermediaries between products and clients—they are moral agents. Each
conversation is a moment of ethical significance. Each recommendation carries
the weight of trust. Each decision reflects not just what you know, but who you
are.
Advisers who engage deeply with philosophical frameworks
like deontology and utilitarianism cultivate what Aristotle called phronesis—practical
wisdom. It is the art of knowing not just what is right, but when, how, and why
to do it.
Conclusion
The financial planning profession is undergoing a cultural
evolution. Technical knowledge is no longer enough. What’s required is moral
literacy—the ability to navigate complex, high-stakes decisions with
clarity and care.
Deontology teaches us to act from principle. Utilitarianism
reminds us to act for people.
Together, they provide the twin ethical compasses for the
modern financial adviser: one pointing to duty, the other to outcome. Between
them lies the path to truly professional advice.
Learning Outcomes:
Upon reading this article, financial advisers will be able
to:
Accreditation Points Allocation:
0.20 Professionalism and Ethics
0.20 Total CPD Points