four children continue to reside in Victoria. Fickling has returned to the United States and currently is a resident of the County of Suffolk, New York.
Florence Fickling, the natural mother of Fickling, was a citizen of the United States residing in the County of Suffolk until she died intestate on June 22, 1980. Fickling was appointed administrator of his mother's estate on July 29, 1980, by decree of the Surrogate's Court of the County of Suffolk. Fickling, as administrator of the estate, has authorized the commencement of this action.
Australia is a "foreign state" as defined by the Foreign Sovereign Immunities Act ("FSIA" or "the Act"), 28 U.S.C. § 1602 et seq. Victoria is a political subdivision of Australia and a "foreign state" under the FSIA. § 1603(a). Lyonstheir assertion on the fact that Lyons, in his affidavit dated July 6, 1990, acknowledges that section 110 of the Transfer of Land Act of 1958, enacted by the Parliament of the State of Victoria, enables a party to bring an action against him, in his official capacity, for recovery of damages.
To argue that such a provision, which allows suits to be brought under certain circumstances in the courts of Victoria, is tantamount to a waiver of immunity in United States courts, either explicitly or by implication, is sheer sophistry. As defendants accurately conclude, a sovereign government's submission to suit in its own courts does not equate with a waiver of immunity in the courts of the United States. In fact, as case law in this circuit demonstrates,