Comment: BBSW saga has far to run
Skirmishing over final positions and a chance at victory in the Australian banking sector's war with regulators over alleged malfeasance in the bank bill swap market is being played out in the national newspapers.ASIC may be seeking leverage in proceedings already approaching the trial stage in connection with alleged BBSW rate setting shenanigans at ANZ, National Australia Bank and Westpac.Justice Beach of the Federal Court has already rebuffed proposals by ASIC to deal with its claims against ANZ (the first bank to be sued) as a test case. Its trio of cases is now grinding its way to a hearing in the second half of 2017. ANZ and Westpac are due to present their defence later this month.Commonwealth Bank (the one major bank yet to be formally served as a defendant on allegations likely to parallel those already laid against ANZ, NAB and Westpac) was the centrepiece of reports in The Australian on Friday and Saturday.John Durie, The Australian's key business commentator, produced a follow-up on Saturday to his paper's initial report on Friday last week that serious settlement talks are underway between Commonwealth Bank and ASIC to resolve claims of misconduct in the bank bill swap market.ASIC chief Greg Medcraft "would like CBA to settle in an attempt to get the other banks to also fold their hands but while CBA is still deciding, the others are more determined than ever to fight the cases against them, claiming the regulator is just plain wrong," Durie wrote.We wonder."CBA is still deciding?" Maybe.More than likely it is ASIC that is still deciding on its prospects in the case and the practicalities of managing a monumental litigation that may rival the marathon Bell litigation for court time and cumulative document load.