Hi @aes411, Further observations regarding the changes to the ASX subpoena and ASX's interlocutory challenge to 1,3 and 6:
The only meaningful change appears to me to be the addition of the dates in 3 and 6
1: It appears ASX doesn't want the court to know what ASIC thought about ISX's response to the VISA disclosure. What doesn't ASX want the court to know here? Ummm...
3: Documents and electronic communications created up to and including 26 November 2019: At 10:06 a.m. 27 November - Moran said they "would have the draft finding 'end next week'", so it is my guess that 3 is requesting documents and communications regarding what discussions ASX and ASIC had on the veracity and worthiness of the "final reasons report". I suspect the court will find that ASIC didn't hold the report in very high regard in terms of accuracy or substance.
6: Again - Documents and electronic communications created up to and including 26 November 2019: My speculation is ISX is looking at putting before the court what ASIC thought "whether ISX was required to notify ASX of the One-off Revenue/Costs Information under Rule 3.1" when discussing ASX's "final reasons report".
There is an unwritten rule with lawyers that you never ask a question in court for which you don't already know the answer. I suspect ISX knows that ASIC thought the final reasons report was bogus and that ISX was not required to notify ASX of the One-off Revenue/Costs and ISX wants that clearly put before the court. ASX does not.
Further: ASX is required to return these by 2:15 next Wednesday 27 April, but until then we will not know if ASX will comply or whether they will continue with the interlocutory application to have them set aside. I intend to be there.
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- ASIC Commences Proceedings Against ISX and JK
ASIC Commences Proceedings Against ISX and JK, page-2331
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