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ASIC appeals Federal Court dismissal of Nuix case
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ASIC appeals Federal Court dismissal of Nuix case

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The Australian Securities and Investments Commission lodged an appeal with the Full Federal Court following the total dismissal of its high-profile civil penalty case against intelligence software provider Nuix (ASX:NXL).

The corporate watchdog launched the legal battle in September 2022, alleging Nuix had breached its continuous disclosure obligations and engaged in misleading or deceptive conduct.

The claims centred on market updates regarding the company's financial performance and annualised contract value targets following its heavily publicised 2020 initial public offering.

ASIC had further alleged that Nuix's board members breached their directors' duties by failing to prevent the disclosure failures.

However, the primary judge dismissed every single claim against the tech firm last month, ruling that Nuix possessed a robust, reasonable forecasting methodology and did not mislead investors.

ASIC confirmed its decision to challenge the verdict, citing concerns that the primary judge made errors in his factual and legal findings regarding the company's disclosure compliance.

The regulator has chosen to narrow the scope of its legal challenge; it is not appealing the Federal Court's decision to exonerate the individual directors.

While the previous judgement was widely celebrated by corporate defence teams as a victory for reasonable business forecasting, this latest move ensures that Nuix's controversial market announcements will face fresh legal scrutiny.

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