Al-Attar v Consulate General of the Republic of Iraq, Sydney (No 2)

The applicant, Mr Al-Attar, sought to bring proceedings against the Consulate General of the Republic of Iraq, Sydney, and the Republic of Iraq. The dispute concerned allegations of unlawful discrimination and breach of contract. The matter came before Manousaridis J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the Consulate General and the Republic of Iraq were entitled to sovereign immunity from suit in the Australian courts. This involved an examination of the relevant principles of international law and their application under Australian domestic law, particularly the *Foreign States Immunities Act 1985* (Cth). The Court also considered whether any exceptions to sovereign immunity applied to the circumstances of the applicant's claims.

Manousaridis J applied the principles established in the *Foreign States Immunities Act 1985*, which codifies the restrictive theory of sovereign immunity. His Honour found that the commercial activities exception under section 11 of the Act did not apply to the applicant's claims, as the employment relationship in question was not of a commercial character in the relevant sense. Furthermore, the Court determined that the applicant had not established any other basis for overcoming the immunity afforded to the foreign state and its diplomatic mission.

Consequently, the Court found that the Consulate General and the Republic of Iraq were immune from suit and dismissed the applicant's proceedings.