High Court ruling deals a severe blow to Russia’s embassy dispute, denying their attempt to exclude the government from contested site

The Russian Federation’s attempt to prevent the Australian government from accessing the disputed site for its planned new embassy has been unsuccessful. The High Court of Australia dismissed an injunction filed by the Russian ambassador, ruling that Russia had not provided sufficient evidence to justify its case against the legislation. The court’s decision marks a significant blow to Russia’s efforts to retain control of the land.

Russia had sought to maintain control of the Canberra site while mounting a legal challenge in the High Court against the recently passed legislation. The changes to the Home Affairs Act invalidated Russia’s lease for the Yarralumla block, where it intended to build a diplomatic complex, citing national security concerns.

During the two-hour hearing, Justice Jayne Jagot described the Kremlin’s challenge to the laws as weak and rejected their application to retain temporary possession of the site. Russia’s barrister, Elliot Hyde, failed to convince Justice Jagot that the case against the laws was compelling enough to prevent the Australian government from taking possession of the land.

The Australian government used the legislation to thwart Russia’s embassy plans due to concerns about the proximity of the Yarralumla site to Parliament House, which was deemed to pose a spying risk. Russia argued that the legislation was invalid and claimed that the Commonwealth did not provide just terms for the acquisition of the leased property as required under the Constitution.

Following the High Court’s decision, the Russian squatter, who had been living on the site in defiance of the new legislation, left the block. The Commonwealth’s barrister, Tim Begbie KC, portrayed Russia’s arguments against the laws as weak, stating that they had made no case for constitutional validity.

The court documents revealed that Russia had paid over $2.75 million in 2008 for a 99-year lease of the land, with minimal annual rental payments. However, the embassy plans faced numerous issues, and despite spending over $8.2 million on development, only a consular building has been constructed on the site after fifteen years.

The diplomatic dispute between Moscow and Canberra unfolds amidst Russia’s ongoing war with Ukraine, which has attracted international condemnation. Following the High Court’s ruling, the Albanese government announced a $110 million assistance package for Ukraine to support its defense against what Australia views as Russia’s illegal invasion of its smaller neighbor.