The High Court of Australia has dismissed a bid by Russia to prevent the Commonwealth from taking control of a site it leased for a new embassy.
Key points:
- High Court Justice Jayne Hagot threw out Russia's bid for an injunction, telling the court the law of the parliament had to take precedence while it remained in place
- The prospect of a future challenge to the validity of the law itself is unknown
- Russia was required to have completed construction of the embassy years ago, but when it did not, the National Capital Authority tried to rescind its lease
Earlier this month, the Albanese government rushed through legislation terminating Moscow's tenancy on land adjacent to Parliament House, citing a possible national security risk.
This morning, High Court Justice Jayne Jagot threw out Russia's bid for an injunction, which would have prevented the Commonwealth from entering the disputed land while any court action was underway.
Justice Jagot told the court the law of the parliament had to take precedence while it remained in place.
But the prospect of a future challenge to the validity of the law itself is unknown because events in Russia over the weekend meant lawyers in the case were unable to get instructions.
Only one building completed on the site
The challenge in the High Court had been brought as an "original jurisdiction" case, meaning it did not have to be referred by another court, but could be taken on by the High Court as a direct constitutional challenge.
The embassy wanted the law ruled invalid on the basis it was not supported by a head of power in the constitution.
In documents filed to the High Court, lawyers for the embassy said if the court did not agree that the law was invalid, then Moscow should be eligible to be paid just terms, as a compulsory acquisition under the constitution.
The case has a long history, after the lease for the site was first granted in 2008.
Russia had been required to have completed the work within three years under an agreement with the National Capital Authority.
But it has been revealed in the documents submitted to the court that only the consular building was finished.
That building has even been furnished, although services are yet to be connected.
The embassy cited a dispute with the initial builder, and later COVID-19 lockdowns, for the delays.
The National Capital Authority tried to rescind the lease last year on the grounds the covenant had not been met.
But after some Federal Court action and mediation, it was agreed the lease should not be terminated.
That prompted the government to put forward the new law earlier this month, after Prime Minister Anthony Albanese cited possible national security concerns.
More to come.
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June 26, 2023 at 08:32AM
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High Court throws out Russia's bid to stop Australian government taking control of embassy site - ABC News
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