ASIC Takes Legal Action Against ASX Over CHESS System Delay
ASIC Takes Legal Action Against ASX Over CHESS System Delay
2
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
The corporate regulator has taken legal measures against ASX due to alleged misleading statements regarding the progress of its failed attempt to replace the Clearing House Electronic Subregister System (CHESS).
On February 10, 2022, ASX had publicized that the CHESS replacement was “on track for go-live” by April 2023. However, subsequent developments painted a different picture, prompting sharp criticism and legal actions from the Australian Securities and Investments Commission (ASIC).
ASIC's complaints arise from reassurances given by the ASX suggesting that the project was "progressing well." Yet, by late March 2022, ASX consulted Accenture, whose findings led to the project's shelving and $250 million in write-offs.
In his statement unveiling the court action, ASIC chair Joe Longo remarked, “There was a collective failure by the ASX board and senior executives.” He underscored that ASX’s promises are vital for trust within the financial markets.
“Companies and investors rely heavily on ASX’s communications regarding their operations to make investment decisions. A breach of confidence at this level induces extensive repercussions across the market,” Longo added.
The legal actions come on the heels of a pre-existing penalty amounting to $1,050,000 paid by ASX after an ASIC investigation scrutinized its adherence to market integrity rules.
Moreover, criminal charges were recently directed at four individuals allegedly involved in a "pump and dump" operation via Telegram, spotlighting ASIC's dedication to regulatory compliance.
The CHESS system, originating in 1994, initially replaced a laborious paper-based clearing approach. The award-winning transaction clearing system proved instrumental for brokers who floated the exchange in 1998, now known as ASX Ltd. The shift from manual to digital processes was seen as a massive leap in operational efficiency at the time.
ASX had planned to replace the decade-old CHESS system beginning in 2016, targeting an April 2021 completion date. However, the project timeline was redefined to April 2023 after re-planning in March 2020.
Subsequently, Digital Assets, ASX’s advisory consultants, flagged the project with a “red RAG” status from June to November 2021, indicating severe risks to timely delivery without appropriate mitigations.
This red status, an IT project management term for serious concerns, was documented and presented to ASX’s audit committee in early February 2022. Nonetheless, ASX published its half-yearly report a week later, asserting that the project was "tracking to plan and progressing well," a statement that ASIC now disputes.
Longo emphasized, “We will argue that the project was not ‘progressing well’ as of February 10, 2022. The postponement and subsequent pause in November 2022 have significantly impacted ASX and the market participants dependent on these assurances.”
Highlighting the necessity for transparent and efficient management of such pivotal projects, Longo remarked, “Ineffective handling erodes confidence in Australia's market's ability to attract investment.”
The original article was published by Neale Prior for The West Australian
Published:Thursday, 15th Aug 2024 Source: Paige Estritori
Please Note: If this information affects you, seek advice from a licensed professional.
The Boating Industry Association Ltd (BIA) has recently called upon all levels of Australian government to provide strategic support to the nation's marine manufacturing and recreational boating sector. This appeal comes in response to a significant skills shortage that poses a threat to the industry's economic potential. - read more
The Boating Industry Association (BIA) has released the National Recreational Boating Statement, providing a comprehensive overview of the sector's scale, value, and future projections. The statement forecasts that by 2030, Australians will spend $20 billion annually on boating activities, underscoring the industry's significant economic and social impact. - read more
Australian Olympic swimming legend Ian Thorpe is set to make waves in a new arena by joining the crew of the supermaxi yacht LawConnect for the upcoming Sydney-Hobart Yacht Race. This marks a significant transition for Thorpe, who has previously dominated the swimming world with five Olympic gold medals. - read more
The Boating Industry Association Ltd (BIA) has unveiled its annual 'See You Out There' campaign, a key component of the 'Discover Boating' initiative aimed at inviting Australians to experience the joys and benefits of boating. Launching on November 1, this campaign seeks to highlight the freedom, connection, and well-being that come from spending time on the water. - read more
The 56th Sydney International On-Water Boat Show has successfully concluded after four dynamic days at Darling Harbour, reaffirming its status as a premier event in Australia's marine industry. Presented by the Boating Industry Association Ltd (BIA) in partnership with Mulpha Events, the show attracted over 20,000 visitors, offering a comprehensive showcase of the boating lifestyle. - read more
The 56th Sydney International On-Water Boat Show, held from 13 to 16 November 2025 at Darling Harbour, has concluded with remarkable success. This year's event attracted over 20,000 visitors, underscoring the enduring appeal of Australia's marine lifestyle and industry. - read more
Owning a boat is a dream for many Australians, offering an opportunity to explore the country's stunning waterways, enjoy recreational activities, and create lasting memories with family and friends. - read more
Understanding the excitement of being a first-time boat buyer is essential. There’s something truly exhilarating about the idea of cruising on open waters, enjoying sunsets, and creating lasting memories with friends and family. However, alongside this excitement comes the reality of making a significant investment. - read more
Navigating the financial path to securing a dream can be a thrilling journey. For many, the aspiration to own a boat and sail the picturesque waters of Australia is a dream intensely pursued. Yet, the wake of excitement is often trailed by the complexity of financial planning. - read more
Buying a boat is a relatively large financial outlay and most people need to finance their purchase. If you’re in the market for a boat and plan to apply for a boat loan, there are a few things you should know if you want to get the best deal available. Here are our 7 tips for getting the best boat loan. - read more
Welcome to the exciting world of boating! Owning a boat opens up a realm of adventures on the water, from leisurely cruises to thrilling water sports. - read more
When embarking on the thrilling journey of boat acquisition, the role of specialist finance brokers often remains a hidden key on the sail to a successful purchase. A specialist finance broker serves as a seasoned navigator in the vast sea of boat finance, expertly guiding buyers through complex financial waters to secure the best deals tailored to their individual needs. - read more
Start Here
Quotes are offered free & without obligation. We respect your privacy.
Knowledgebase
Discount Rate: The interest rate used to determine the present value of future cash flows, often used in discounted cash flow analysis.
