This article is from the Australian Property Journal archive
RUSSIA, which narrowly avoided a coup launched by the Wagner mercenary group on the weekend, is launching a High Court challenge to laws rushed through Parliament designed to halt it from building a new Canberra embassy on national security grounds.
The special legislation was designed to cancel Russia’s lease over a site near Parliament House on which it was to build a new embassy, as tensions rise between the countries over Russia’s invasion of Ukraine.
Russian officials filed an injunction on Friday afternoon.
“The Russian Federation has informed the commonwealth of its intention to commence legal proceedings in the high court, in which they will challenge the validity of the legislation on constitutional grounds,” a spokesperson for Home Affairs Minister Clare O’Neil said.
“Russia’s challenge to the validity of the law is not unexpected. This is part of the Russian playbook.”
The Australian had reported on Friday that a lone Russian diplomat remain on the site in a bid to block attempts to take the land back. His diplomatic immunity has prevented federal police from taking action.
Prime Minister Anthony Albanese told reporters he was confident of the government’s position.
“Of course, we anticipated that Russia would not be happy with our response,” Albanese said.
“We expected that, but we’re very confident of our position and processes are underway for the Commonwealth to formalise possession of the site.
“The national security threat that was represented by a Russian embassy on-site are not the same as some bloke standing on a blade of grass on the site – that we don’t see really as a threat to our national security,” he said, referring to the diplomat.
Russia sued Australia last year after the cancellation of Moscow’s lease on the Canberra site, and the Federal Court ruled in favour of the Russian government at the end of May, finding the termination was “invalid and of no effect”.
“The government has received very clear security advice as to the risk presented by a new Russian presence so close to Parliament House,” Albanese said on the day the legislation was pushed through.
The legislation was supported by the Coalition, whose leadership was briefed by Albanese and security agencies, as were crossbenchers in the House and the Senate and Chief Minister of the ACT, Andrew Barr.
Russia paid $2.75 million for lease rights to the site at the end of 2008 with plans to develop a new embassy and agreed to complete construction within three years. Building approvals were granted in both March and September of 2011, but stage one works – a consular building – were only finished in January last year, after a spend of US$5.5 million.
Enforcing a “use it or lose it” policy, the National Capital Authority cancelled the lease and gave Russia 20 days to clear the site, which was challenged by the Russians.
