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.