Legal stoush between Russia, Australia reaches the High Court

ABC NEWS (Australia)

The High Court has heard Russia should be paid compensation after the Australian government revoked its lease on a block of land near parliament house in Canberra where it planned to build a new embassy. The court is hearing a challenge to the validity of a law passed by the Commonwealth two years ago stripping Russia of the lease on the grounds of national security.

Transcript

00:00Flying the flag for Russia, as the battle over the cancelled lease for a new embassy

00:08raged inside.

00:09The relationship between Russia and Australia is at a low point, after the war in Ukraine

00:15and the downing of MH17, and there's no Russian ambassador at present.

00:21In friendlier times, the new embassy lease was granted for a site close to Parliament

00:26House, but in 2023 it was taken away.

00:30The government has received very clear security advice as to the risks presented by a new Russian

00:36presence so close to Parliament House.

00:39Today Russia's lawyer Brett Walker told the High Court the Constitution did not convey the

00:44power to the Parliament to make such a law.

00:48But even if it did, Russia was still entitled to be paid what's known as just terms compensation,

00:55usually paid for compulsorily acquired property.

00:58The key question here is whether or not the termination of the lease is actually an acquisition

01:03of property for those purposes.

01:05Mr Walker said it was a bit rich to be targeted by legislation in an acquisition of property,

01:10only to be denied just terms compensation, telling the court, no one would dream that

01:16the person whose property is acquired should not get just terms.

01:21Mr Walker also took aim at the rationale, saying there was no evidence of a threat or even

01:27potential threat from Russia.

01:29The Commonwealth Solicitor-General told the court the national security concerns were a

01:34critical factor.

01:35Your honours should find this act was to remove a national security threat.

01:41Brett Walker told the High Court it was an irony the land remained set aside for diplomatic

01:46purposes, just not for Russia, but the Commonwealth said it didn't want the land back for any

01:53particular purpose, it just wanted Russia out.

01:57The High Court has reserved its decision.

01:58The High Court has reserved its decision.

01:59The High Court has reserved its decision.

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