Robinson v Kuwait Liaison Office [1997] IRCA 170

Robinson v Kuwait Liaison Office [1997] IRCA 170

The filing of an employer's appearance in the Industrial Commission did not constitute an entry of appearance in the proceeding for purposes of s 26 of the Foreign States Immunities Act 1985, and did not waive objection to defective service. However, in properly commenced proceedings, the Kuwait Liaison Office would not be immune from jurisdiction under s 12 regarding the applicant's employment-based claim.

Jurisdiction
Australia
Judgment Date
23 May 1997
Procedural Posture
Industrial/employment Law Application / Interlocutory Decision on Jurisdiction and Service
Outcome
Matter adjourned to a date to be fixed for parties to bring in short minutes to give effect to the reasons for judgment.
Legal Topics
['service of Initiating Process on Foreign States' 'jurisdictional Objections' 'immunity of Foreign States in Employment Disputes' 'interpretation of Foreign States Immunities Act 1985' 'application of Industrial Relations Act 1988']
['industrial Law' 'foreign State Immunity'] ['service of Initiating Process on Foreign States' 'jurisdictional Objections' 'immunity of Foreign States in Employment Disputes' 'interpretation of Foreign States Immunities Act 1985' 'application of Industrial Relations Act 1988']

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Procedural Posture

Industrial/employment Law Application / Interlocutory Decision on Jurisdiction and Service

Legal Issues

  1. 1 ["Whether filing of employer's appearance in the Commission constitutes entry of appearance for purposes of Foreign States Immunities Act 1985 s 26" 'Whether the Kuwait Liaison Office is immune from jurisdiction in an unlawful termination application under Commonwealth industrial law']

Ratio Decidendi

The filing of an employer's appearance in the Industrial Commission did not constitute an entry of appearance in the proceeding for purposes of s 26 of the Foreign States Immunities Act 1985, and did not waive objection to defective service. However, in properly commenced proceedings, the Kuwait Liaison Office would not be immune from jurisdiction under s 12 regarding the applicant's employment-based claim.

Court Disposition

Matter adjourned to a date to be fixed for parties to bring in short minutes to give effect to the reasons for judgment.

Orders

  • ['The matter is adjourned to a date to be fixed to enable the parties to bring in short minutes to give effect to these reasons for judgment.']