The Court of Appeal held that s 24 of the Foreign States Immunities Act 1985 (Cth) provides a self-contained method of service on foreign States through diplomatic channels that remains effective when its terms are complied with, even if such service is inconsistent with Australia's obligations under the Hague Service Convention. The presumption of statutory construction favouring consistency with international law does not render s 24 inoperative where the statutory text clearly prescribes when service is taken to have been effected, and the provision was not formulated with a view to achieving general consistency with international law as it might develop over time. The Court further held that Article 9(2) of the Convention permits use of diplomatic channels 'for the purpose of service' on a foreign State (being an exceptional circumstance), without requiring an additional step of onward service under the destination State's internal law, but left unresolved the broader question of whether the Convention provides the exclusive mechanism for service of documents abroad.
The full text is available to signed-in members.