High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Government of the Russian Federation v. Commonwealth of Australia

Case No. C9/2023
Case information

Catchwords

Constitutional law – heads of power – acquisition of property – where plaintiff held lease granted by defendant in 2008 over parcel of land (“land”) in Australian Capital Territory – where in 1990 National Capital Plan took effect under s 21(2) of Australian Capital Territory (Planning and Land Management) Act 1908 (Cth) (“PLM Act”) - where land fell in designated area under s 10(1) of PLM Act – where land is ‘national land’ under s 27(1) PLM Act – where lease limited use to diplomatic consular or official purpose of Government of Russian Federation – where limited work undertaken on land – where in 2023 Home Affairs Act 2023 (Cth) (“HAA”) came into effect – where plaintiff’s lease terminated under s 5 of HAA – where defendant maintains lease terminated on basis of national security – whether HAA invalid on ground that not supported by head of Commonwealth power – whether if HAA otherwise valid operation of HAA results of acquisition of property from plaintiff under s 51(xxxi) Constitution requirement payment of reasonable compensation under s 6(1) HAA.

Case Summary

Download this detailed case study to gain deeper insights.

Documents

23/06/2023 Writ of summons

26/06/2023 Hearing (Single Justice, Canberra)

26/06/2023 Reasons for decision (Jagot J)

16/10/2024 Draft Special Case Stated

18/12/2024 Order referring special case to the Full Court

14/03/2025 Special Case Stated

17/04/2025 Written submissions (Plaintiff)

30/05/2025 Written submissions (Defendant)

27/06/2025 Reply (Plaintiff)

06/08/2025 Hearing: [2025] HCATrans 052 (Full Court, Canberra)

06/08/2025 Outline of oral argument (Plaintiff)

06/08/2025 Outline of oral argument (Defendant)

12/11/2025 Judgment (Judgment summary)

Case recording