The Federal Court has scheduled a hearing into the rate-rigging civil action brought against the Commonwealth Bank by the Australian Securities and Investments Commission for Friday morning in Melbourne.Justice Jonathon Beach, who last year presided over the Westpac rate-rigging trial, is scheduled to hear the CBA case management hearing.ASIC lodged a concise statement of claim with the court on Monday outlining the skeleton of its unconscionable conduct case against the bank under various sections of the Corporations Act.While the country's three other major banks - ANZ, NAB and Westpac - were all hit with similar legal claims by the regulator in 2016, the CBA case is different in at least one key aspect. Unlike the cases brought against CBA's Big Four peers, ASIC also alleges in its concise statement of claim that the bank's senior management knew their traders had engaged in rate manipulation practices.This is a potentially damaging allegation for CBA and raises the prospect that ASIC might name the senior executives who allegedly knew about the unconscionable trading in its full statement of claim.The regulator has not indicated when the full statement of claim will be lodged with the court.CBA indicated on Monday that it would defend the legal action, asserting in a filing to the ASX that it "disputes the allegations made by ASIC".The ASIC case adds to a pile of litigation weighing on the bank that could materially erode profitability this year. CBA warned investors on Tuesday it might include a provision in its first half accounts to cover penalties that might flow from the legal action brought against it by Austrac."As part of CBA's accounts preparation process, the CBA Board will consider a range of factors, including any potential penalty, in determining whether it is appropriate to recognise a provision in accordance with the requirements of Australian Accounting Standards in the half year financial statements in relation to the (Austrac) proceedings," the bank told the ASX."The recognition of any provision in the half year financial statements is subject to finalisation of CBA's half year financial statements, auditor processes and CBA Board approval."The bank is due to report its interim financial results on 7 February.