Forrest fit to fight Facebook challenge over court jurisdiction

Andrew Forrest’s legal team is confident it can kill off any push by Facebook to challenge whether Australia’s courts have the jurisdiction to hold it responsible for fraudulent advertising on its platforms.

Australian businessman Andrew Forrest. Picture: Brook Mitchell/Pool/AFP

Andrew Forrest’s legal team says it is confident it can kill off any push by Facebook to challenge whether Australia’s courts have the jurisdiction to hold it responsible for the fraudulent advertising on its platforms.

The iron ore billionaire has taken the unusual legal step of launching a private criminal prosecution against Facebook parent company Meta Platforms after becoming frustrated over what he saw as the social media giant’s lack of action on fake ads that lured unsuspecting people into scams. Numerous Facebook users have been duped by promotions on Facebook featuring the likenesses of Dr Forrest and other prominent Australians.

In a brief hearing in the Perth Magistrates Court on Friday, barrister Paul Yovich SC said his appearance should not be seen as a concession by Facebook that it accepts the jurisdiction of the court in the matter and signalled that the jurisdiction of the court would be formally challenged.

“Meta seeks to reserve its right on that jurisdiction issue,” Mr Yovich said.

Speaking outside the court on Friday, Dr Forrest’s lawyer Simon Clarke said the billionaire’s legal team would use the next hearing in November to set a date to resolve the question of jurisdiction.

“It’s curious that it could sit offshore and not be subject to the jurisdiction, and yet run the ­entire platform and affect the user platform in Australia,” Mr Clarke said.

“We feel pretty strong that we’ve got good arguments to determine that they are subject to jurisdiction in Australian courts.

“They want to take the point and they’re going to have to put that forward on next occasion.

“We’re confident with where that will come out.”