Government of the Russian Federation v Commonwealth of Australia [2023] HCA 20

HIGH COURT OF AUSTRALIA

JAGOT J

GOVERNMENT OF THE RUSSIAN FEDERATION PLAINTIFF

AND

COMMONWEALTH OF AUSTRALIA DEFENDANT

Government of the Russian Federation v Commonwealth of Australia

[2023] HCA 20

Date of Hearing: 26 June 2023

Date of Judgment: 26 June 2023

C9/2023

ORDER

1. The application filed 23 June 2023 be dismissed.

2. The costs of the application filed 23 June 2023 be costs in the cause.

Representation

E A J Hyde with M F Caristo for the plaintiff (instructed by Nelson & Hill Lawyers)

T M Begbie KC with E H I Smith for the defendant (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Government of the Russian Federation v Commonwealth of Australia

Injunctions – Interlocutory injunctions – Where plaintiff's lease of land terminated by operation of Home Affairs Act 2023 (Cth) ("Act") – Where plaintiff seeks declaration of constitutional invalidity of Act on ground Act not supported by head of legislative power and contrary to s 51(xxxi) of Constitution – Where plaintiff seeks alternative declaration that operation of Act results in acquisition of property to which s 51(xxxi) of Constitution applies from plaintiff otherwise than on just terms, such that Commonwealth liable to pay reasonable amount of compensation to plaintiff – Whether plaintiff established prima facie case or serious question to be tried – Whether, on balance of convenience, compelling circumstances existed supporting interlocutory injunction to restrain enforcement of statute.

Words and phrases – "acquisition of property", "balance of convenience", "compelling grounds", "material change in circumstances", "national security interests", "on just terms", "prima facie case", "serious question to be tried".