
ASX faces $20.5M fine over misleading CHESS updates
The Australian Securities and Investments Commission and market operator ASX (ASX:ASX) will jointly approach the Federal Court to resolve a long-running dispute over the failed Clearing House Electronic Subregister System upgrade.
ASX has admitted to making a misleading market announcement on Feb. 10, 2022, which falsely claimed the critical infrastructure project was "progressing well".
In reality, internal project teams had already classified the replacement project as "red" in December 2021 due to severe unresolved risks, reduced testing functionality, and blown-out timelines that made its April 2023 launch impossible.
The corporate watchdog and the market operator will jointly seek a $20.5 million penalty, alongside an order for ASX to pay $3 million towards ASIC’s costs.
The legal action follows a March 2022 announcement where ASX finally flagged a "strong likelihood" of delays, eventually pausing the replacement programme altogether and writing off between $245 million and $255 million in pre-tax project costs.
ASIC Chair Sarah Court emphasised that accurate disclosures are fundamental to maintaining public trust, noting that ASX's misinformation risked undermining confidence across Australia's financial markets and exposed participants to genuine financial harm.
While both parties have agreed to the admissions and financial penalties, the proposed resolution remains subject to formal Federal Court approval.
The court will ultimately determine if the fines are appropriate or if further orders should be made against the exchange operator.