The OM report will only be as strong as making good the assumptions that underpin it otherwise it will be rejected. ASIC clearly must have their case ready to go to prove those facts otherwise this case would be history. Both parties have filed submissions, authorities, and chronologies on Monday so the Hearing is ready to proceed. I'd imagine ASIC will endeavour to prove certain facts on the balance of probabilities and ask the Court to draw certain inferences from them to make good their case. It's up to Justice McEvoy then.
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