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ASX Market Rules Guidance Note 14 - Trade Errors, Error Disputes

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ASX Market Rules Guidance Note 14 - Trade Errors, Error Disputes

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									                                           ASX Market Rules
                                       Guidance Note No. 14
KEY TOPICS            TRADE ERRORS, ERROR DISPUTES AND
1. Trade Errors
                      CANCELLATIONS
2. Error Disputes
3. Cancellations
                      Purpose
ASX Market            The purpose of this Guidance Note is to provide guidance to
Rules                 Trading Participants as to the intent and general operation of
                      ASX Market Rule 15 that deals with trade errors and the
1. Section 15
                      available rectification steps for all Products made available for
2. Rule 14.1.1        trading by ASX.
3. Rule 28.15 to
   28.17              This Guidance Note provides guidance to Trading Participants on
                      those Rules in Section 15 that address Error Disputes. It does not
                      provide guidance to Trading Participants on those Rules in
Guidance Note         Section 15 that address Dealing Disputes.
History
                      This Guidance Note supersedes Guidance Note 04/02.
Re-Issued –
1 July 2004
                      Background
Amended –             Section 15 empowers ASX:
31 March 2008
28 November 2005      (a)       to authorise and permit the cancellation or amendment of
                                a trade entered into on the basis of an Error where such
Previously: ASX                 action is agreed to by the Trading Participants who
Guidance Note 03/02             effected the trade; and
and 04/02
                      (b)       to cancel or amend a trade entered into on the basis of an
                                Error where:

                                (i)    the Trading Participants who effected the trade are
                                      in dispute as to whether it should be cancelled or
                                      amended; and

                                (ii) ASX considers that the trade may give rise to
                                     circumstances contrary to the interests of a fair and
                                     orderly Market.




                            GN 14 – Trade Errors, Error Disputes and Cancellations
                            31 March 2008                                          Page 1 of 9
The following principles underpin these Rules:

•   Trading Participants are responsible for all their transactions and should not rely on the
    dispute resolution process as a substitute for ensuring adequately trained and diligent
    personnel or the implementation of appropriate automated filters.

•   ASX believes it is in the interests of all Market Participants that traded prices properly
    reflect prevailing market prices and that Market Participants should not seek windfall
    profits from trading which is not fair and orderly.

•   A trade that would appear to any competent Designated Trading Representative (DTR) to
    be significantly outside prevailing market prices or volumes may be eligible for recognition
    as an obvious error.

•   A Trading Participant must ensure the conduct of an orderly market. This includes not
    intentionally taking advantage of a situation where a breakdown or malfunction in ASX
    procedures or systems management results in an erroneous trade. These trades will
    constitute an Error for the purposes of these Rules.

•   ASX believes it is in the best interests of all Market Participants that Trading Participants
    take immediate steps to minimise any flow-on effects of trades made in Error.

•   The financial significance of the trading loss may be taken into account when deciding to
    refer an Error Dispute to a Dispute Governors Committee.


Obligations

A Trading Participant is obliged under Market Rule 15.2.1 to notify ASX of an Error if it
wishes to have, or retain the right to request to have, the trade cancelled or amended by ASX
(even if it is also conducting negotiations aimed at mutual agreement to resolve the erroneous
trade in the meantime). Additionally, should an Error Dispute arise, the Trading Participant is
obliged to comply with the direction given by ASX under Market Rule 15.4.7.

For the purposes of meeting these obligations, ASX Market Control will be the primary contact
point within ASX for Trading Participants. Notification should be delivered through a
recorded telephone call or email.




                                  GN 14 – Trade Errors, Error Disputes and Cancellations
                                  31 March 2008                                          Page 2 of 9
Timings
A Trading Participant that proposes to notify ASX Market Control of an Error under Rule
15.2.1 must do so within 15 minutes of the execution of the Market Transaction if it wishes to
have, or retain the right to request to have, the trade cancelled or amended by ASX.

Where ASX is the initiator of a notification under Rule 15.2.2 that an Error has occurred and
has requested a submission from a Trading Participant as to the facts surrounding the cause and
subsequent trading implications of the transaction, this information must be delivered within 3
hours of the ASX request.

If Trading Participants cannot agree to resolve an Error a Trading Participant that chooses to
refer the alleged Error to ASX under Rule 15.2.6 must refer the Error to ASX Market Control
immediately and within 15 minutes of making the referral, provide a statement presenting
details of the disputed transactions and the efforts used to try and achieve agreement (see ASX
Market Rule Procedure 15.2.6 for further procedural requirements).

All communications relating to Errors and disputes involving erroneous trades must be carried
out on the day of the event. Trading Participants are well aware of the practical constraints
surrounding amendment or cancellation of trades and the need for timely action. In the case of
trades in Derivative Market Contracts amendments or cancellations must occur before the close
of trading on the Trading Day (T). Trades in Cash Market Products may be amended or
cancelled up to the end of T+1, however this does not alter the timing for initial notification
nor does it alter the principle of immediacy of action in order to minimise flow-on effects.

A Trading Participant that fails to adhere to these short time limits may not be able to refer a
dispute to ASX under Section 15 Rules.


Errors resolved by Mutual Agreement
Transactions arising from erroneous orders may, with the consent of the counterparty, be
resolved in accordance with ASX Market Rule 15.2.4. Where a Trading Participant is unable to
identify a counterparty the Trading Participant may request ASX to facilitate agreement with a
counterparty by following the procedure set out in Rule 15.2.8 and Procedure 15.2.8. ASX
will notify the Trading Participant of the counterparty’s response to a request that a trade be
amended or cancelled as soon as reasonably practicable. If the counterparty acknowledges to
ASX its agreement to the Trading Participant’s request that a trade be amended or cancelled the
parties will be taken to have agreed to the cancellation or amendment. If agreement cannot be
reached, because the counterparty does not agree or ASX cannot contact the counterparty, the
Trading Participant may refer the Error to ASX under Rule 15.2.6 (within 15 minutes of being
notified) and ASX will decide whether to refer the Error Dispute to a Dispute Governors
Committee.


                                  GN 14 – Trade Errors, Error Disputes and Cancellations
                                  31 March 2008                                          Page 3 of 9
ASX expects Trading Participants to agree to rectify obviously erroneous trades in appropriate
circumstances, particularly where there may be unfair or disorderly market concerns. The
scope of a rectification event may encompass all trades that specifically resulted from the
identified error transaction within a single Product made available for trading by ASX but may
not extend to positions created in other Products as part of a broader trading strategy.

Some examples are:

    •   An erroneous trade in a Warrant, which has had an associated equity transaction to
        create a hedge position, is identified. After discussion between the Trading
        Participants involved in the Warrant trade, an agreed amendment to the price of the
        Warrant trade is struck in order to rectify the abnormality of the trade itself and permit
        the equity hedge to remain in place. This rectification methodology recognises the
        separation of Products and avoids fair and orderly market impacts on the related
        Trading Participant(s) involved in the other side of the equity hedge transaction.

    •   An Equity Combination order that matches against another Equity Combination order
        with an error in its pricing or volume will be treated as a single transaction. However,
        another Combination order that transacts against multiple individual Option orders
        may be treated as separate trades for each leg with only one leg being cancelled or
        amended. Again this methodology avoids fair and orderly market impact upon the
        Trading Participant(s) involved in the other side of a reasonable individual Option
        transaction.

    •   An obviously erroneous buy order entered for an equity that immediately transacts and
        generates 20 trades and pushes the sell side price up to 30 price steps away from the
        pre-existing spread. This event triggers a release of a buy order in another Product.
        The Trading Participant responsible for the erroneous order may propose to let trades
        within prevailing intra-day price volatility levels stand and seek cancellation for the
        remainder. The released buy order would be unknown and may not figure in this
        proposed solution.


Initiating the Dispute Process

As noted above, Trading Participants are obliged to correctly execute trades and so, as a general
rule, ASX will not intervene in the first instance to rectify errors that can be resolved by mutual
agreement. However, in some situations, a dispute arising from an erroneous trade may be
dealt with under the dispute handling process in Market Rule 15.4.

The aim of the dispute resolution action is to resolve the dispute and restore the Market as
rapidly as possible to a fair and orderly position. It is possible that this will be a different
position from that which the market was in just prior to the occurrence of the erroneous


                                   GN 14 – Trade Errors, Error Disputes and Cancellations
                                   31 March 2008                                          Page 4 of 9
transaction. Trading Participants should not expect the re-establishment of trading priority as a
common solution for resolving erroneous trade disputes.

Market Rule 15.4 describes the powers of ASX and the role of a Dispute Governors Committee
to resolve disputes. Market Rule 15.4.7 provides ASX with discretion to take any action
necessary to restore a fair and orderly market. The sorts of actions that are contemplated
include:

a) ASX may cancel and amend a trade;
b) ASX may restore an Order;
c) ASX may direct Trading Participants to cancel, amend and enter into a new position in
   order to achieve a substantially similar result; and
d) ASX may request a clearing facility to give effect to ASX’s actions by cancelling or
   amending the registration of an Open Contract.

The Dispute Governors Committee considers and recommends action to resolve disputes
between Trading Participants in relation to Error Disputes and Dealing Disputes.

For the purposes of invoking the dispute process pursuant to Rule 15.4, a recognised dispute
must be based on either an Error Dispute where the relevant Trading Participants do not
mutually agree to cancel or amend the transaction, or a Dealing Disputes between Market
Participants arising in relation to any Dealing Rules. Disputes relating to errors with trades
must be of sufficient market impact or financial consideration to warrant the convening of a
Dispute Governors Committee.

In order to assess whether relevant dispute criteria have been met, the main characteristics and
rules of each Product will be used and ASX will involve the appropriately skilled internal staff
to provide opinion. It is not appropriate for ASX to be prescriptive on assessment criteria given
the diversity of Products and causes involved although guidance may be provided to Trading
Participants from time to time.

For example, in the case of an obviously erroneous transaction in an equity outside the
S&P/ASX100 index in which multiple impacted Trading Participants have not been able to
come to mutual agreement, criteria for considering an erroneous trade of sufficient substance to
warrant convening a Dispute Governors Committee may be made as follows:

•   The Trading Participant responsible for entering the erroneous order is carrying a trading
    loss;

•   A reference price will be defined as the last traded price immediately before the erroneous
    transaction or another more appropriate price as the Product might dictate;




                                 GN 14 – Trade Errors, Error Disputes and Cancellations
                                 31 March 2008                                          Page 5 of 9
•   A “reasonable pricing” range will be set using prevailing market prices as, say, 7 price steps
    above and below this reference price; and

•   A minimum trading loss before a dispute may be recognised will be set at $5,000 between
    the value of a trade if the disputed volume is priced at the reference price against the value
    of the trades under dispute.

Where the erroneous trades do not stretch outside the criteria relevant to the market for the
Product involved, the trades will be considered as falling within the normal course of business
and will not be entitled to any dispute action. The fact that an erroneous trade is outside the
relevant criteria does not oblige ASX to refer the matter to a Dispute Governors Committee.

However, issues of maintaining a fair and orderly market would take precedence over the
relevant criteria when appropriate.

Where it is decided that a Dispute Governors Committee shall be formed ASX will seek to
include Governors with strong experience in the Product involved.

Errors that will not be referred as Error Disputes to the Dispute
Governors
Simple errors in order entry by Trading Participants as a result of carelessness which result in
trades at prevailing market prices may not trigger the dispute process. These types of errors
should be resolved by agreement between all parties involved.

Some examples include:

For all Products
•   Trading the incorrect Product at prevailing market prices;
•   Buying a single Product at prevailing market prices when selling was the intention and vice
    versa;
•   Trading at prevailing market prices more than once by entering the same order multiple
    times; or
•   Trading reliant upon erroneous announcements by Listed Companies.

For Derivatives Market Contracts
•   Trading a combination the wrong way around at prevailing market prices;
•   Trading at prevailing market prices when price / quantity figures have been transposed; or
•   Incorrectly pricing a spread that trades at prevailing market prices.

In examples such as these, failure to reach agreement means the transaction stands.


                                  GN 14 – Trade Errors, Error Disputes and Cancellations
                                  31 March 2008                                          Page 6 of 9
ASX is more concerned with whether a competent DTR would regard the price or quantity of
the resulting trades to be unreflective of the prevailing market conditions in normal trading
circumstances than the underlying reason for the error in its assessment as to whether an Error
should be referred as an Error Dispute.

Steps in considering an Error Dispute
When an Error Dispute occurs timeliness is critical and ASX will endeavour to finalise action
and, if necessary, restore a fair and orderly market as rapidly as possible.

Subsequent to contact through ASX Market Control and application of the appropriate
assessment criteria, the following major dispute resolution steps result:

•   ASX assesses whether the extent of the error is of sufficient market impact to warrant any
    immediate action, and in the extreme case to halt continuous trading in the relevant
    Product, on a fair and orderly market basis and takes action accordingly.

•   ASX assesses whether the transaction in question should or should not be referred to a
    Dispute Governors Committee by application of the appropriate internal resources, rules
    and suitable assessment criteria given the circumstances.

•   ASX convenes a Dispute Governors Committee comprising one ASX Dispute Governor and
    two non-conflicted non-ASX Dispute Governors.

•   The Dispute Governors Committee examines the details and makes a recommendation to
    ASX for appropriate resolution of the dispute as soon as practical and on the same day as
    the dispute arose.

•   ASX decides, under Market Rules 15.4.7 or 15.4.8, upon a course of action to resolve the
    dispute and informs all impacted parties of the decision. The impacted Participants and
    ASX perform all necessary actions.

•   All relevant details of actions and decisions are recorded as they occur.

Appeals
A Trading Participant may appeal against a decision of ASX taken pursuant to Market Rules
15.4.7 or a decision not to refer a matter for dispute to a Dispute Governors Committee.

The appeals process and the powers of the Appeals Tribunal are set out in the Australian
Securities Exchange Disciplinary Procedures and Appeals Rulebook.




                                  GN 14 – Trade Errors, Error Disputes and Cancellations
                                  31 March 2008                                          Page 7 of 9
Dispute Governors
ASX invites, and will continue to invite, individuals to perform this role for a period and on
terms and conditions ASX considers appropriate. The role of the Dispute Governor is to bring
their significant expertise as a market practitioner to provide a pragmatic and impartial
resolution recommendation to ASX on a case-by-case basis in a timely manner.

The diversity of Product now tradeable and potential complexities involved in valid disputes
requires Dispute Governors to be drawn from many and varied backgrounds in order for this
important industry function to operate effectively.


Fees
Where a trade Error Dispute is referred to a Dispute Governors Committee, a fee will be
charged to the Trading Participant (if any) who referred the dispute to ASX under Rule 15.2.6.
The fee prescribed is set out in the Procedures supporting these Rules.

Both the dispute assessment criteria for each Product and the fee applied can be modified by
ASX from time to time and applied as the circumstances of a particular transaction dictates.
Changes to standard dispute fee levels will be notified to the market.

Confirmations and Client Relations
It is the responsibility of Trading Participants to manage the relationship with their clients
where a transaction has been cancelled.

Clients may be confused by the cancellation of trades after they have been issued a confirmation
and may object to having a trade resulting from the error of another Trading Participant
cancelled or amended. It is a requirement, pursuant to Market Rule 15.8, that Trading
Participants provide written notice to all clients, prior to submitting messages, that ASX has the
power to cancel and amend Market Transactions.

Whilst ASX does not require Participants to modify existing client agreements to reflect these
Rules, this is a highly recommended step to take, particularly for all new clients. It is also
highly recommended that Trading Participants reinforce expectations that cancellations should
occur by agreement in the first instance.




                                  GN 14 – Trade Errors, Error Disputes and Cancellations
                                  31 March 2008                                          Page 8 of 9
Role of DTRs
DTRs are reminded of their obligation to accurately enter orders. ASX may take disciplinary
action, particularly in cases of repeat errors. DTRs who repeatedly enter orders in error may be
required to be retested in order to retain their access rights or may be suspended from access
for a period of time.


Potential Disciplinary Actions
ASX may take a range of disciplinary actions against a Trading Participant responsible for
entering erroneous orders into the Market. These include, but may not be limited to, actions
for:

•   Doing anything which results in a Market for a Product not being both fair and orderly, or
    failing to do anything where that failure has that effect (Rule 14.1.1); or
•   Unprofessional Conduct (Rule 28.3.7),

Disciplinary action will generally be directed towards the Trading Participant responsible for
causing the dispute. However, it is possible that the circumstances of the transaction may
require disciplinary action to be taken against other Trading Participants seeking to take
advantage of the situation.


Qualification
ASX has published this note to promote commercial certainty and to assist Participants.
Nothing in this note necessarily binds ASX in the application of the Rules in a particular case.
In issuing this note ASX is not providing legal advice and Participants should obtain their own
advice from a qualified professional person in respect of their obligations. ASX may replace
this Guidance Note at any time without further express notice to any particular person.
Readers should contact ASX to ensure they have the latest version.


Enquiries
Enquiries about this Guidance Note can be made to ASX Market Control
Phone: 1800 024 000

Email: seatsmarketcontrol@asx.com.au




                                 GN 14 – Trade Errors, Error Disputes and Cancellations
                                 31 March 2008                                          Page 9 of 9

								
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