Walker v Government of the Republic of Vanuatu [2011] FCAFC 138

FEDERAL COURT OF AUSTRALIA

Walker v Government of the Republic of Vanuatu [2011] FCAFC 138 Citation: Walker v Government of the Republic of Vanuatu [2011] FCAFC 138

Appeal from: Walker v Government of the Republic of Vanuatu [2011] FCA 364

Parties: KELL WALKER v GOVERNMENT OF THE REPUBLIC OF VANUATU and MICHAEL HATCHER

File number: QUD 81 of 2011

Judges: DOWSETT, RARES AND REEVES JJ

Date of judgment: 4 November 2011

Catchwords: INTERNATIONAL LAW – sovereign immunity – proceedings brought against foreign State complaining of its government seizing a ship within foreign State's territory – foreign State claiming proceeding inconsistent with its immunity from jurisdiction under ss 9 and 38 of the Foreign States Immunities Act 1985 (Cth) – whether primary judge ought to have confirmed service out of the jurisdiction pursuant to O 8 r 3(1)(b) and (5) of the Federal Court Rules 1979 (Cth) – application of Foreign States Immunities Act 1985 (Cth) – no exception to immunity under s 9 of Foreign States Immunities Act 1985 (Cth) identified by appellant ADMIRALTY – whether jurisdiction conferred on a court by Admiralty Act 1988 (Cth) affects entitlement of foreign State to claim immunity from the jurisdiction of the Court under Foreign States Immunities Act 1985 (Cth) Held: appeal dismissed – foreign State immune

Legislation: Admiralty Act 1988 (Cth) ss 3(5), 4(2), 4(3), 9(1)(a), 10, 14, 15(1), 16, 17, 18, 19, 22 Federal Court Rules 1979 (Cth) O 8 r 3(1)(b), O 8 r 3(5) Foreign States Immunities Act 1985 (Cth) ss 3(5), 9, 18, 23, 24(1), 38 Australian Law Reform Commission, Civil Admiralty Jurisdiction (ALRC 33) Australian Law Reform Commission, Foreign State Immunity (ALRC 24)