Foreign state immunity
According to a general principle of international law, foreign states are entitled to be granted immunity from the jurisdiction of another state. This is known as the principle of ‘state immunity’.
Foreign states are granted immunity from jurisdiction in Australian courts under the Foreign States Immunities Act 1985. In accordance with the Act, foreign states will not be granted immunity in certain cases, including those involving commercial transactions, contracts of employment, personal injury and possession and use of property.
The Foreign States Immunities Act sets out procedures relevant to legal action in Australian courts against a foreign state. Requests for service of legal documents on a foreign state should be made on the relevant form, which can be found in the schedules to the Foreign States Immunities Act.
The Attorney-General’s Department is responsible for transmitting the request for service under the Foreign States Immunities Act to the Department of Foreign Affairs and Trade, which then transmits the request to the foreign state.
A short information paper on the operation of the Foreign States Immunities Act and the procedures for service of initiating process under the Act, including contact details, can be downloaded from the downloads box at the right of this page.
