The High Court has dismissed an injunction bid by the neo-Nazi group White Australia, allowing hate speech laws passed after the Bondi Beach terror attack to remain in effect. The group now faces arrest for gathering, fundraising, or recruiting.
Court Ruling
Chief Justice Stephen Gageler rejected White Australia's request for a temporary block on its designation as a prohibited hate group, stating that 'compelling grounds have not been shown.' The group had argued it would suffer 'irrevocable and irreparable' harm if the laws stood unchallenged, but Justice Gageler noted that an injunction would not alleviate that prejudice.
Legal Challenges
White Australia is also challenging the constitutionality of the anti-hate-speech laws, with a two-day hearing scheduled for September. The group's lawyer, Peter King, argued that the listing as a prohibited hate group would lead to its 'extinction.' However, the court found that the injunction would not address the risk of the group's incorporation being cancelled in Victoria.
Reactions
Following the ruling, White Australia's president Thomas Sewell sought advice on whether he could continue fundraising for legal representation. Another neo-Nazi, Jack Eltis, dismissed the decision as a procedural matter. On encrypted social media, sympathizers labeled the ruling 'woke nonsense.'
Government Action
Home Affairs Minister Tony Burke declared White Australia a prohibited hate group in May after advice from ASIO. The group is considered a rebranding of the National Socialist Network, which disbanded when the hate laws were introduced. Under the declaration, supporting, funding, or joining the group is a criminal offense.
