Does the ASX have any option but fight in court?, page-171

I am going to answer why that is, so bear with me, read the first paragraph for context and the answer will be in the second paragraph.

You need to remember that ASIC's litigation against ISX and JK runs simultaneously to the ISX vs ASX case where all the details about the payments, the certificates, as well as everything else will be deliberated on. When you look at the ISX vs ASX case, it actually consists of two parts, although not really separate. One half is concentrating on the topic of procedural fairness, which should now be rendered moot as a result of ASIC's SOC submission against ISX for misleading deceptive conducts. The submission effectively ensured that the initial suspension could never be unjustified. The other half is concentrating on the factual accuracy of the SOR and the damages that it might have caused. This is where details of everything would be deliberated on.

Now, we got all that out of the way, ASIC's SOC is not focusing on the details of the payments, the contracts, the certificates and everything else because doing so would result in ASIC pursuing a duplicate case to the ISX vs ASX case. That would be akin to running the same case twice. When the details themselves are not the primary points of deliberations, ASIC's SOC relies mostly on ISX's own admissions to serve as particulars. There is no reason for ASIC at this stage to pursue the details when the ISX vs ASX case is still running. Once that is done, contingent to the outcome, if it is adverse towards ISX then it is very likely that ASIC may pursue more charges. The charges this time may be criminals ones, which no doubt would be far more serious and more complex to pursue due to the international nature of ISX's operations. ASIC is a public department, so it tends to pursue low hanging fruits first because of obvious reasons.