Government of the Russian Federation v. Commonwealth of Australia

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.