In 2016, Australia’s largest market operator, the Australian Securities Exchange (ASX), revealed an ambitious plan to replace its aging trade settlement system with a cutting-edge blockchain-powered platform. The project, aimed at revolutionizing Australia’s financial infrastructure, has now become the center of a major legal dispute as of 2024.
The Australian Securities and Investments Commission (ASIC), an independent regulatory body enforcing corporate and financial services laws, has initiated legal action against ASX concerning the Clearing House Electronic Subregister System (CHESS) replacement project. ASIC’s lawsuit alleges that ASX misled investors and market participants regarding the project’s progress. The commission asserts that ASX made overly optimistic statements about the timeline and success of the project while being fully aware of significant internal challenges and delays.
ASIC highlighted specific statements made by ASX on February 10, 2022, where ASX assured stakeholders that the project was “on track for go-live” in April 2023 and “progressing well.” The regulatory body contends that these assertions were misleading and deceptive, given that ASX was cognizant of considerable delays and technical issues at the time.
The CHESS system has been an integral component of Australia’s financial infrastructure for decades, facilitating the clearing and settlement of trades on the Australian Securities Exchange. Recognizing the need for modernization, ASX embarked on the CHESS replacement project to introduce a more efficient, secure, and scalable platform. The decision to incorporate blockchain technology was particularly bold, promising to revolutionize transaction processing and recording.
In 2017, ASX engaged Digital Asset (DA) to develop the ledger and application for the CHESS replacement system. However, in 2022, ASX announced a 20-month delay in the project’s completion, attributing the setback to difficulties in achieving “scalability and resilience.” Internal reports from DA had already flagged serious concerns as early as December 2021. DA’s red ‘RAG’ status report indicated substantial risks to the project’s timely delivery, yet ASX continued to assure the market that the project remained on schedule.
ASIC had previously claimed that the issues surrounding the CHESS replacement project resulted in a $250 million write-down, causing significant repercussions for ASX shareholders and imposing substantial costs and other collateral impacts on market participants who had invested in the testing phase. Joe Longo, the chair of ASIC, underscored the importance of trust and transparency in financial markets, noting that ASX’s statements directly impacted market integrity. Longo expressed that the situation represented a collective failure by the ASX board and senior executives at the time.
Longo emphasized that companies and market participants depend on the ASX’s assertions about its operations to make informed decisions and investments. He highlighted that the ASX is expected to be a reliable place for listing and investing with confidence. When ASX falls short of these expectations, it has wide-ranging consequences across the market. The delay and subsequent pause of the project in November 2022 resulted in significant costs to ASX and market participants who relied on assurances regarding the project’s progress and scheduled go-live date. Longo stressed the necessity for effective and transparent management of the CHESS replacement project to maintain confidence in Australia as an attractive market for investment.
In response to the lawsuit, ASX acknowledged the seriousness of the allegations but affirmed its intention to defend itself vigorously. Helen Lofthouse, ASX’s managing director and CEO, indicated that the organization had cooperated fully with ASIC’s investigation and was carefully reviewing and considering the allegations. Lofthouse reiterated ASX’s critical role at the center of Australia’s financial markets and its ongoing focus on supporting and delivering for customers. She also mentioned that ASX had made significant progress as an organization over the past two years.
Following the pause of the project in November 2022, ASX revised its approach, choosing to abandon the blockchain-based solution in favor of a more conventional system developed with TATA Consultancy Services (TCS). ASX now plans to implement the new system in two phases, with the first release expected in 2026 and the second in 2028 or 2029.
The legal battle between ASIC and ASX underscores the challenges and complexities involved in overhauling critical financial infrastructure, as well as the importance of maintaining transparency and trust in the financial markets.