I don't know about the courts, but ASIC is certainly familiar with the Gutnick setup.
https://www.takeovers.gov.au/content/DisplayDoc.aspx?doc=reasons_for_decisions/2016/018.htm
Have a search for 'ASIC' in this document and particularly look at sections 154/155.
Section 154b rings a bell in the light of current events: "Regals and Mordechai Gutnick provided incomplete responses to certain questions and some information was only made known to the Panel as a result of ASIC's use of its compulsory information gathering powers."
I have a feeling that if ASX were to flick the current problems over to ASIC, for the use of their compulsory powers, then the response of ASIC would be Gawd - not them again.
