Surely Justice will need to keep one eye open and raise his eyebrows' after learning ASIC has been subject to many many many wrongdoings callings...
Credibility on ASIC's balance of probabilities will be met with Preponderance of evidence by ISX of which I'd expect any Justine will quash ASIC's poor preparation and Nil hard evidence.
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ASIC v ISX Hearing, page-34
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