Maybe, maybe not. All I know is that the claim for privilege...

Maybe, maybe not. All I know is that the claim for privilege went away. I don't know whether ISX didn't press it or if Visa simply gave in. I suspect the former given that they're prepared to have a stoush over costs. I'm only going on the back of the 6 October Orders:

https://www.comcourts.gov.au/file/Federal/P/VID773/2020/3904609/event/31202153/document/2010035

ASIC aren't on trial so I'm not sure what the Judge will have to say about how some documents were obtained and in what manner. If there is a dispute, there may be a voir dire to decide that issue before they see the light of the Hearing. If ISX want to cross-examine on them, then it comes down to issues of, for example, relevance and probative value. For mine, the Visa issue (outlined at paras 50 to 56 of the SOC), in any event, is not the big ticket item in the prosecution.