Page:X Corp v eSafety Commissioner (2024, FCA).pdf/14

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We are instructed to inform you that, effective 15 March 2023, Twitter, Inc. merged into X Corp., a company incorporated and registered under the laws of the State of Nevada, USA. We have been informed that, as a result:

  • Twitter, Inc. has ceased to exist as a legal entity with effect from 15 March 2023;
  • X Corp. is the successor in interest to Twitter, Inc.;
  • All of Twitter, Inc.'s assets, liabilities, rights, etc. passed to X Corp. on 15 March 2023 by operation of law;
  • There has been no change in control and the ultimate ownership interests in X Corp. remains [sic] the same as it was for Twitter, Inc.; and
  • X Corp., being the successor in interest to Twitter, Inc., has become the provider of the Twitter service in Australia.

The address of X Corp. remains the same as Twitter, Inc., i.e. 1355 Market Street, Suite 900, San Francisco, California, 94103, USA.

The Company would prefer that X Corp. continues to be referred to as "Twitter" where references are made to the provider of the Twitter service.

34 The second topic was a request for an extension of time to respond to the follow-up questions, which was in the following terms –

In addition, Twitter respectfully requests an extension of additional time to respond to the follow up questions sent in response to our submission to the Non-periodic reporting BOSE notice (the Notice) sent under section 56(2) of the Online Safety Act 2021 (Cth) (the Act). We would very much appreciate it if our teams could be given until Wednesday May 5th to compile additional information and submit the responses then.

35 There were email exchanges that followed, in which –

(a) the office of the Commissioner noted the "change in legal entity";
(b) Thomson Geer clarified that the extension sought was until Friday, 5 May 2023; and
(c) the office of the Commissioner advised by email that an extension was granted until 16:00 Australian Eastern Standard Time on 5 May 2023.

36 That last email was dated 26 April 2023, and was in the following terms –

Thank you for the further information regarding Twitter's request for an extension, which the Commissioner has considered.

She has decided to grant an extension until 16:00 Australian Eastern Standard Time on 5 May 2023.

Let us know if you have any questions regarding the information sought.


X Corp v eSafety Commissioner [2024] FCA 1159
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