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.