Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022 (3 of 2022)

Schedule 1   Main amendments

Part 14   Foreign State immunity amendments

Foreign States Immunities Act 1985

77   After section 26

Insert:

26A Judgments and orders in ex parte proceedings

Judgments

(1) A judgment (other than an interlocutory judgment) must not be entered against a foreign State in ex parte proceedings.

(2) A judgment (other than an interlocutory judgment) must not be entered against a separate entity of a foreign State in ex parte proceedings unless the court is satisfied that, in the proceedings, the separate entity is not immune.

Orders

(3) An order for the registration of a foreign judgment, or for the recognition or enforcement of a foreign award, must not be made against a foreign State in ex parte proceedings.

(4) An order for the registration of a foreign judgment, or for the recognition or enforcement of a foreign award, must not be made against a separate entity of a foreign State in ex parte proceedings unless the court is satisfied that, in the proceedings, the separate entity is not immune.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).