Nuix Group Proceedings (Class Actions)

Three group proceedings were brought on behalf of those who acquired shares in the first named defendant in each case, Nuix Limited, during and immediately after its Initial Public Offering (IPO), in the following time periods:

• In William Lay v Nuix Limited (Lay Proceeding), 18 November 2020 and 30 May 2021;
• In Daniel Joseph Batchelor v Nuix Limited & Ors (Batchelor Proceeding) between 4 December 2020 and 29 June 2021; and
• In Stella Stefana Bahtiyar v Nuix Limited & Ors (Bahtiyar Proceeding) 18 November 2020 and 31 May 2021.

In each case, the plaintiffs claim Nuix (and in the case of the Batchelor Proceeding, Nuix’s corporate advisors Macquarie Capital (Australia) Limited and Macquarie Group Limited, and in the case of the Bahtiyar Proceeding, the Macquarie entities and six named directors of Nuix) engaged in misleading or deceptive conduct by making certain representations in its IPO prospectus which proved false, or in omitting information which ought to have been included, in each case inflating the share price paid by group members.

The proceedings were being managed together by the Honourable Justice Nichols, who on 23 August 2022, handed down a ruling that:

• The Bahtiyar Proceeding will be permanently stayed;
• The Lay Proceeding and the Batchelor Proceeding will be consolidated, with both Lay and Batchelor remaining as plaintiffs on the record; and
• Shine will remain on the record as the solicitors for the consolidated proceeding. 

The claims of shareholders in Nuix will now be advanced only by the Lay and Batchelor plaintiffs. 

IMPORTANT INFORMATION ABOUT REGISTRATION AND OPTING OUT

If you are, or you think that you may be a group member, you should read the documents below carefully. 

The Notice (a copy of which is below) contains important information about your rights to: 

(1) register your claim in the proceeding; or 
(2) opt out of the proceeding.

In summary, if you fall within the definition of a group member, you have three options:

• If you wish to be eligible to receive compensation from any settlement that may be reached at mediation, or up to two months after mediation, must register their claim in accordance with the Notice by 4pm AEDT on 28 February 2025.
  To register, you must complete the online registration form with Shine Lawyers.
  For further information on how to register, please refer to Option 1 in the Notice below.
   
• If you do not want your rights determined by the class action you must opt out by 
  4pm AEDT on 28 February 2025.
  To opt out, you must complete the online opt out notice.
  For further information about opting out, please refer to Option 3 in the Notice below.
   
• If you do nothing in response to the Notice you will remain a Group Member of the class action but, subject to any further order of the Court, will not be entitled to receive compensation from any settlement that may be reached at mediation, or up to
  two months after mediation. If the class action is settled in that period, you may lose your right to seek compensation from the Defendants in relation to the same (or similar) claims alleged in any class action. For further information about this option please refer to Option 2 in the Notice below. 

The definition of a "group member" is set out in the Notice.

Notice to Group Members - Registration and Opt Out
Orders of Nichols J (2 December 2024) - Registration and Opt Out