It appears that I was wrong that no person who hasbeen associated with Freehills could be judge for the ISX vs ASX case due toconflict of interest. Tim McEvoy has been selected as the judge for the ISX vs ASX case. It remains to be seen whether he will be balanced, but if not, there is always appeal.
See: https://www.fedcourt.gov.au/about/judges/current-judges-appointment/current-judges/mcevoy-j