Latest Banco News

29-Sep-2015

High Court Appeal - Foreign State Immunity

Recently, three members of Banco Chambers appeared in a High Court Appeal to determine whether the Republic of Nauru was entitled to foreign state immunity pursuant to the Foreign States Immunities Act 1985 (Cth). Robert Dick SC, Darrell Barnett and Naomi Oreb represented the Republic of Nauru. The Solicitor-General, Justin Gleeson SC, appeared for the Commonwealth. Nauru had a judgment entered against it in a Japanese Court. Firebird Global Master Fund II Ltd sought to enforce that foreign judgment in Australia against assets located in Australia. The questions on the appeal were: (1) whether Nauru was entitled to jurisdictional immunity; (2) whether Nauru's assets attracted enforcement immunity; and (3) whether the Foreign States Immunities Act required that the relevant initiating process ought to have been served on Nauru. A link to the video of the hearing can be found here: http://www.hcourt.gov.au/cases/case_s29-2015. The High Court reserved its judgment.