ASIC has filed an appeal against a Federal Court decision dismissing its case against intelligence software provider Nuix Limited (Nuix).
ASIC commenced proceedings in September 2022 alleging Nuix breached its continuous disclosure obligations and engaged in misleading or deceptive conduct in connection with statements to the market about its financial performance. ASIC also alleged breaches of directors' duties by Nuix's board.
The Court delivered judgment in April 2026, dismissing ASIC's case.
ASIC is appealing the decision because it is concerned that there were errors in the primary judge's findings.
ASIC is not appealing the Court's decision in relation to the directors.
The appeal will be heard by the Full Federal Court on a date to be determined.