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The Canberra Times
The Canberra Times
Steve Evans

Russia vacates new embassy plot after High Court defeat

Russians leave site

The Russian embassy employee who had remained on the country's new embassy site left shortly after the Russian bid to stay there was turned down by the High Court.

A Kia with diplomatic number plates arrived at the fence of the plot where the new embassy was being built and the man left his hut and was driven away, according to witnesses there.

Earlier on Monday, the High Court rejected an appeal by the Russian embassy against a decision by the Albanese government to pass a new law to deprive it of the plot which was allocated to it in 2008.

Justice Jayne Jagot threw out Russia's plea for an injunction to prevent the Commonwealth from entering the disputed site. She told the court the law of Parliament had to take precedence.

The Prime Minister Anthony Albanese welcomed the decision: "The court has made clear that there is no legal basis for a Russian presence to continue on the site at this time, and we expect the Russian Federation to act in accordance with the court's ruling."

The only part of the new Russian embassy ever built. Picture by Elesa Kurtz

The legal dispute followed the Australian government's announcement it would stop the switch to the new embassy site despite Russia winning an earlier court case allowing it to do so.

"The government has received very clear security advice as to the risk presented by a new Russian presence, and so close to Parliament House," Prime Minister Anthony Albanese said at the time.

"We're acting quickly to ensure the lease site does not become a formal diplomatic presence. The government condemns Russia's illegal and immoral invasion of Ukraine.

"To be clear, today's decision is one taken in the national security interests of Australia."

The government moved quickly after the announcement in the morning, rushing the necessary legislation through both houses of Parliament in the afternoon in little more than an hour, with the Coalition's backing.

Mr Albanese intervened after the National Capital Authority lost the court case a month ago after it had tried to evict the Russian government from the new site.

The saga started on December 23, 2008 when the 99-year lease for the new plot was agreed. The condition was that work would start within 18 months and finish within three years (by December 24, 2011).

The Commonwealth government in the shape of the NCA argues that this clearly didn't happen.

When the lease was agreed, the Russian government paid the Commonwealth government $2.75 million, with an ongoing rent of 5 cents a year. Russia would pay rates on the new property.

But that lease was terminated on August 16 last year - so the two sides meet in court.

Russia won that challenge but has lost later ones.

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