That's what has been said by share holders and management all along: The regulator ASIC (the equivalent of BaFin) should have run the investigation (if indeed one was felt to be required), NOT the market operator ASX.
From the Article linked:
"The firm is bringing the case on behalf of investors who accuse the regulator, known as BaFin, of dereliction of duty for. . ."
Well spotted, Annie