ASIC sues tech firm Nuix while spending millions on its software

This masthead brought word last month that troubled tech company Nuix – a CBD usual suspect – was in strife with the corporate regulator for allegedly breaching continuous disclosure obligations,allegations the company denies.

ASIC claims that Nuix chairJeffrey Bleich and board membersRodney Vawdrey,Susan Thomas,Daniel Phillips andIain Lobbanbreached their duties by failing to take reasonable steps to prevent Nuix from making misleading statements and breaching continuous disclosure obligations and the Federal Court will have to sort the whole thing out.

Field of dreamers:Ryan Papenhuzen and Laurie Daley.

Field of dreamers:Ryan Papenhuzen and Laurie Daley.Shakespeare

But CBD’s sharp-eyed informants have spotted a delicious irony in this matter.

Federal government tender documents show that ASIC is a NUIX client,and a handy one at that,signing a $5 million with the company for services between April this year (well after issues at the outfit werefirst reported) and 2024 on “early case assessment and evidence management software and support”.

So it looks like the regulator could have built and managed its case against NUIX,using the company’s own software.

But here’s the thing,ASIC wasn’t alone. Last year,Nuix’s Sydney offices were raided by the Australian Federal Police,in relation to a separate criminal investigation being conducted by ASIC.

At the time,the AFP were locked in a $2.1 million contract for “provision of software licenses” with,you guessed it,Nuix,which is not talking publicly about the ASIC prosecution.

An ASIC spokeswoman said it would not comment on its investigative sleuthing techniques,especially in a matter before the courts.

“ASIC does not consider that the use of NUIX’s services to be relevant to,or impact upon,ASIC’s enforcement action against NUIX,” she said.

“ASIC has robust processes and procedures in place to ensure that its regulatory and enforcement decisions are independent of its procurement activities.”

No doubt. But those client-vendor meetings must be,um,interesting.

Matt misses Mosman

CBD tookgreat mirth at the Mosman Liberals’ decision to invite Queensland LNP SenatorMatt Canavan to give a talk on “winning the energy battle” at a dinner event slated for next week.

Given the Senator’s outspoken opposition to net zero and pro-coal activism,we can’t imagine his message would resonate too well with voters in Warringah,where anger at the Coalition’s stance on climate change has helped turn the electorate deep teal.

Regrettably,we’ll never be able to find out what he had to say (although Canavan isn’t exactly shy about sharing his views). Thanks to Senate Estimates running into Friday next week,the coal enthusiast won’t be able to attend.

In his place is the safe and obvious choice of Menzies Research Centre Executive DirectorNick Cater,who is what passes for an intellectual powerhouse to the right wing of the Liberal party.

We’re not sure Cater will be any more successful at winning back the Mosman moderates – after all,he was a big supporter ofKatherine Deves,the Warringah candidate whose anti-trans views were deeply alienating to many a Liberal voter in the former blue-ribbon heartland.

Laurie’s Oaks

Rugby league legend and former NSW state of origin coachLaurie Daley has been a regular face around the race track this spring,and his presence at the Tabcorp Marquee during Tuesday’s Melbourne Cup drew the attention of more than one starstruck pollie.

But it was Thursday’s Kennedy Oaks,a quieter suffix to the Cup’s glamour,which held the biggest stakes for Loz,as Foxy Cleopatra,the horse he owns a joint share in,hit the track.

He wasn’t the only NRL man with skin in the race – gloriously mulletted Melbourne Storm FullbackRyan Papenhuyzen is also one of the three-year-old filly’s co-owners. Things didn’t go down so well for the duo,with hot favourite She’s Extreme cruising to victory,and Foxy Cleopatra failing to even place.

Gleeson’s get-off

On Monday,this column reported on provocative Courier Mail columnistPeter Gleeson’s plagiarism howler,where four paragraphs ripped straight from a 2020 ABC report somehow made it into his 12-page special on Queensland premier Annastacia Palaszczuk.

The paper was quick to remove the error and apologise,and now,five days later,Gleeson has done the same. In an apology published on page four,Gleeson said he felt “deep regret” at the error.

“This was not a deliberate act by me to use another person’s work and present it as my own,” he wrote.

Gleeson claimed he’d archived the material,from a story by ABC-turned-Nine reporterJosh Bavas,during the research process,and that including it was an unintentional mistake made under the pressures of deadline.

“I recognise the seriousness of plagiarism even if it is unintentional,” he conceded.

Meanwhile,the paper’s editorChris Jones,who told this column on Sunday the masthead was investigating the incident,wouldn’t confirm whether any further action was being taken.

Perhaps Pete’s managed to get away with this one.

Cut through the noise of federal politics with news,views and expert analysis from Jacqueline Maley.Subscribers can sign up to our weekly Inside Politics newsletter here.

Kishor Napier-Raman is a CBD columnist for The Sydney Morning Herald and The Age. Previously he worked as a reporter for Crikey,covering federal politics from the Canberra Press Gallery.

Noel Towell is Economics Editor for The Age

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