Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 28

             (1)  Subject to subsection (6), a judgment in default of appearance is not capable of being enforced against a foreign State until the expiration of 2 months after the date on which service of:

                     (a)  a copy of the judgment, sealed with the seal of the court or, if there is no seal, certified by an officer of the court to be a true copy of the judgment; and

                     (b)  if English is not an official language of the foreign State:

                              (i)  a translation of the judgment into an official language of the foreign State; and

                             (ii)  a certificate in that language, signed by the translator, setting out particulars of his or her qualifications as a translator and stating that the translation is an accurate translation of the judgment;

has been effected in accordance with this section on the department or organ of the foreign State that is equivalent to the Department of Foreign Affairs.

             (2)  Where a document is to be served as mentioned in subsection (1), the person in whose favour the judgment was given shall give it, together with a request in accordance with Form 2 in the Schedule, to the Attorney‑General for transmission by the Department of Foreign Affairs to the department or organ of the foreign State that is equivalent to that Department.

             (3)  Where the document is delivered to the equivalent department or organ of the foreign State in the foreign State, service shall be taken to have been effected when it is so delivered.

             (4)  Where the document is delivered to some other person on behalf of and with the authority of the foreign State, service shall be taken to have been effected when it is so delivered.

             (5)  The time, if any, for applying to have the judgment set aside shall be at least 2 months after the date on which the document is delivered to or received on behalf of that department or organ of the foreign State.

             (6)  Where a judgment in default of appearance has been given by a court against a foreign State, the court may, on the application of the person in whose favour the judgment was given, permit, on such terms and conditions as it thinks fit, the judgment to be enforced in accordance with this Act against the foreign State before the expiration of the period mentioned in subsection (1).