Saudi Arabian Cultural Mission v Alramadi [2024] FCA 1060

Federal Court of Australia

Saudi Arabian Cultural Mission v Alramadi [2024] FCA 1060 File number(s): ACD 63 of 2023

Judgment of: RAPER J

Date of judgment: 12 September 2024

Catchwords: PUBLIC INTERNATIONAL LAW – Private International Law – application for leave and to extend time to appeal from an interlocutory decision of the Federal Circuit and Family Court of Australia (Division 2) which dismissed the applicants' application for the respondents' proceedings to be summarily dismissed for want of jurisdiction because it was immune from jurisdiction by reason of s 9 of the Foreign States Immunities Act 1985 (Cth) – whether the primary judge erred in finding that the applicants were duly served pursuant to s 24 of the Foreign States Immunities Act 1985 (Cth) – whether the rules of court regarding service out of jurisdiction are "facultative" – whether an embassy can be the department or organ of the foreign State equivalent to DFAT for the purposes of s 24(1) – whether service on a diplomatic mission through the diplomatic channel pursuant to s 24 infringes the inviolability conferred on the premises of missions by art 22 of the Vienna Convention on Diplomatic Relations 1961 – whether a certificate issued pursuant to s 40 of the Foreign States Immunities Act 1985 (Cth) is conclusive evidence of service – whether a foreign State is required to put on evidence that service was not authorised – whether the primary judge erred in failing to determine the applicants' claim for immunity from jurisdiction – whether costs should be awarded under s 570(2) of the Fair Work Act 2009 (Cth) – applications and appeal allowed – no order for costs

Legislation: Consular Privileges and Immunities Act 1972 (Cth) s 5 Diplomatic Privileges and Immunities Act 1967 (Cth) s 7 Extradition Act 1988 (Cth) s 5 Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 24(1A) Foreign Judgments Act 1991 (Cth) Foreign States Immunities Act 1985 (Cth) ss 6, 12, 23, 24, 25, 38, 40 Racial Discrimination Act 1975 (Cth) State Immunity Act 1978 (UK) s 12(1) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 1.06(3), 1.07 sch 1 item 6, Federal Court Rules 2011 (Cth) rr 2.25(3)(a), 2.25(3)(b), 10.42, 10.43, 10.51, 35.13, Divs 10.4, 10.5, Uniform Civil Procedure Rules 2005 (NSW) Charter of the United Nations art 102(1) International Law Commission, Report of the International Law Commission covering the work of its tenth session, 28 April-4 July 1958, 10th sess, UN Doc A/CN.4/117 (4 July 1958) Vienna Convention on Consular Relations, opened for signature 24 April 1963, 596 UNTS 261 (entered into force 19 March 1967) arts 31, 32, 33, 35 Vienna Convention on Diplomatic Relations, opened for signature 18 April 1961, 500 UNTS 95 (entered into force 24 April 1964) arts 22, 24, 27 Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980) arts 31, 32