Traljesic v Bosnia and Herzegovina & Anor

The Full Federal Court heard an appeal in *Traljesic v Bosnia and Herzegovina & Anor*. The appellant, Mr Traljesic, sought to enforce a judgment obtained in the Supreme Court of New South Wales against the Republic of Bosnia and Herzegovina and its Ministry of Foreign Affairs. The primary judge had dismissed Mr Traljesic's application for leave to enforce the judgment, finding that the Republic of Bosnia and Herzegovina was immune from suit in Australian courts.

The central legal issue before the Full Federal Court was whether the Republic of Bosnia and Herzegovina, as a foreign state, was entitled to sovereign immunity from suit in Australian proceedings for the enforcement of a judgment obtained in an Australian court. This involved considering the scope of the *Foreign States Immunities Act 1985* (Cth) and whether any exceptions to immunity applied in this context.

The Court held that the *Foreign States Immunities Act 1985* confers immunity on foreign states from the jurisdiction of Australian courts, including for the enforcement of judgments. The Act's provisions, particularly section 9, which deals with execution against the property of a foreign state, require that a judgment be satisfied by the voluntary payment by the foreign state or by execution against property that is used or intended to be used for commercial purposes. The Court found that Mr Traljesic had not demonstrated that the property in question was used or intended to be used for commercial purposes, nor had he shown that the Republic of Bosnia and Herzegovina had waived its immunity. Consequently, the appeal was dismissed.