“I was surprised to learn of the investigations and have been advised by Fortescue’s legal team that they were necessary in order to be granted search orders from the Federal Court,” Forrest said.

“Fortescue’s external legal team have been reminded that they also have an obligation to comply with the company’s values and their engagement is now under review.”

The ex-staff members accused of intellectual property theft have denied the allegations.

Masterman, who is Element Zero’s chief executive, has called Fortescue’s claims “spurious” and said that their “green metals technology was developed independently of, and is very different from, anything that Fortescue is doing or has done in this space”.

Fortescue secured court orders to raid the offices and homes of two of the men from mid-May. An independent lawyer was present, and a computer expert was allowed to search and copy any electronic devices, including family members’ computers, while also being required to hand over all passwords and passcodes.

A summary of the private investigator’s report, already released by the court, included photographs and Google Maps images of Kolodziejczyk and Winther-Jensen’s private residences, floor plans, and also photographs of their wives and family members, including children.

Kolodziejczyk is a co-founder and chief technology officer of Element Zero. Winther-Jensen departed Element Zero in January.

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Element Zero was formed by Kolodziejczyk and Masterman at the end of 2022. Masterman has had a long career in the energy industry, including as Fortescue Future Industries’ chief financial officer.

Element Zero said it wanted to reduce the carbon footprint of iron ore, Australia’s most lucrative export industry. It has patented a technology that aims to convert metal ores to metals, not only iron ore, with zero carbon emissions.

Fortescue has said it would “vigorously” defend its intellectual property in the development of cutting-edge solutions to decarbonise its Australian iron ore operations by the end of the decade.

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