Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 26

                   Where a foreign State enters an appearance in a proceeding without making an objection in relation to the service of the initiating process, the provisions of this Act in relation to that service shall be taken to have been complied with.

27 Judgment in default of appearance

             (1)  A judgment in default of appearance shall not be entered against a foreign State unless:

                     (a)  it is proved that service of the initiating process was effected in accordance with this Act and that the time for appearance has expired; and

                     (b)  the court is satisfied that, in the proceeding, the foreign State is not immune.

             (2)  A judgment in default of appearance shall not be entered against a separate entity of a foreign State unless the court is satisfied that, in the proceeding, the separate entity is not immune.