X Corp v eSafety Commissioner [2024] FCA 1159
Whether X Corp (new owner) was subject to online safety penalties imposed on Twitter (old owner) depended on the status of X Corp and whether ‘liabilities’ under Nevada law included regulatory obligations10. Wheelahan J first observed (at [134]) that ‘Australian courts know no foreign law’11.
Foreign law is a question of fact to be proved by expert evidence. The judge accepted that Nevada statutes take their plain meaning in the absence of ambiguity. In finding that the penalties imposed were now ‘liabilities’ of X Corp, Wheelahan J rejected one expert’s conclusion. Foreign law is a matter of fact but the ultimate issue is for the judge to decide.
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Footnotes:
10 NRS § 92A.250, s 7(3) Foreign Corporations (Application of Laws) Act 1989.