With the case management hearing scheduled for Feb 7, lawyers for the ASX and ISX should be meeting shortly (I’m tipping next week) to agree timetable, discovery, agreed facts, form of evidence etc. They are also expected to discuss the possibility of settling the dispute through other means.
Based on what we have seen of the ASX’s behaviour in the lead up to and prosecution of the suspension I think they are very exposed on the procedural fairness claim. In fact, I can’t see how they can defend the claim. Obviously just my opinion.
The strength, or otherwise, of the ASX defence and the aggression with which ISX want to prosecute their claim will likely be exposed at these meetings.
I’m under the impression that some contributors to this forum are in contact with the parties. Just wondering if they have any insight as to the timing of the pre hearing meetings.