The Australian High Court dismissed the White Australia group's request for an injunction to halt its designation as a hate group under a newly enacted law following the Bondi attack. The group sought to pause the listing while preparing a constitutional challenge, claiming the law infringes on political communication. The government argued the group's extremist rhetoric poses a risk of violence, and the court upheld the listing.
The High Court has dismissed an application by the White Australia group for an injunction against its listing as a hate group under a new law put in place after the Bondi attack.
The group wanted the listing to be lifted ahead of a formal challenge to the validity of the new law set to be heard later this year. Members of the group had begun disbanding in January in anticipation of the listing. On Wednesday, lawyers for the group asked for an injunction against the move to allow them time to mount a case challenging the new law.
Barrister Peter King, who is acting for the group, said the law was a burden on the implied freedom of political communication. Mr King said if criminalisation of the group, which had 1,778 members, was allowed to remain there could be irrevocable damage. He said there would be a "chilling" suppression on matters of public importance as the group was stripped of its standing and funds.
Mr King suggested there would be an extinction of the association, and constitutional rights would be extinguished. But lawyers for the government argued there was a risk of real harm in granting the injunction. The court heard to restrain the regulations in the new law would be to restrain the criminal law at large when it was known the group's rhetoric encouraged violence. Today, Chief Justice Stephen Gageler dismissed the application.
High Court White Australia Hate Group Legislation Injunction Freedom Of Speech
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