Civil judgements are based on “Balance of Probabilities” and must be proven by the plaintiff (ASIC). However to achieve a claim in their favour ASIC would have needed to present “Documentary Evidence” to add weight to a “Balance of Probabilities” verdict. When a lawyer states in a closing address we have “no evidence”, as the ASIC lawyer did in this case, then he admits to having no “Documentary Evidence”.
ASIC v ISX Hearing, page-2834
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