Australian Federation of Islamic Councils Inc. v. Westpac Banking Corporation

Abstract

Diplomatic relations — Immunity — Proceedings in which diplomatic agent is a necessary and proper party — Proceedings relating to acts performed by diplomatic agent in official capacity — Whether joinder of diplomatic agent as party infringes diplomatic immunity and immunity of the foreign State — Proceedings relating to funds donated by Saudi Arabia on condition that control of funds exercised jointly by ambassador and recipient of donation — Whether ambassador a necessary and proper party — Whether court bound to stay proceedings — Common law — Australian Diplomatic Privileges and Immunities Act 1967, Article 31

State immunity — Jurisdictional immunity — State agent — Funds donated by ambassador on behalf of Kingdom of Saudi Arabia on condition that control of funds exercised jointly by ambassador and recipient of donation — Whether ambassador a necessary and proper party to proceedings — Whether joinder as party in proceedings would have effect of impleading foreign State — Whether partial control over funds sufficient to base claim of immunity — Whether court bound to stay proceedings — Whether party not being the representative of the State nor its ambassador can raise issue of immunity — The law of Australia