On the assumptions of many here that it will arise, are you...

On the assumptions of many here that it will arise, are you aware if the Defendants have put ASIC on notice that are going to bring evidence to displace the tendency rule (you will find it outlined at Pt. 3.6 Evid. Act) assuming that it is passes the test of relevancy to begin with? I think there'll be a raft of objections otherwise. The Defendants certainly having pleaded anything remotely approaching that in their defence.

ASIC, as the prosecuting authority get first kick. ASIC will open by focussing on how they seek to prove the case, as pleaded, on the balance of probabilities. Their success or failure will hinge on that. If the Defendants open by focussing on unrelated matters and negative ASIC media, they're probably starting on shaky ground particularly as that will involve hearsay and Briginshaw evidentiary matters at the very least. I dare say the Judge will stick to the primary issues to be decided that will determine the case. It will all make for interesting viewng. Who knows how the cards will fall? The Defendant(s) may ingloriously go down the spout. ASIC may get rolled and could possibly end up looking at a malicious prosecution suit depending on the evidence ultimately adduced? Stay tuned.