Neo-Nazi group White Australia loses bid for temporary immunity from hate laws

High court dismisses organisation’s injunction attempt against hate group designation

Neo-Nazi group White Australia has lost its bid for temporary immunity from anti-hate laws passed after the Bondi terror attack which it says will render it “extinct”.

The organisation, which has been seeking to register as a political party, had asked the high court to temporarily block its designation as a prohibited hate group.

But on Thursday, the chief justice of the high court, Stephen Gageler, dismissed White Australia’s bid for an injunction.

White Australia is also challenging the broader constitutionality of anti-hate speech laws passed after the Bondi Beach mass shooting.

A two-day hearing on the matter is scheduled for September.

Arguing for the injunction on Thursday, White Australia’s lawyer, Peter King, said the organisation’s listing as a prohibited hate group would permanently shut it down.

“Unless restrained, there will be an extinction of the organisation,” he told the high court.

The home affairs minister, Tony Burke, declared the neo-Nazi organisation a prohibited hate group in May after receiving advice from spy agency Asio.

White Australia’s predecessor, the National Socialist Network, announced it was disbanding when the hate laws were introduced.

In reality, Burke said, the group had “phoenixed” – changing its name to White Australia and continuing operations with largely the same members.

Under the government’s declaration, it is a crime to support, fund or join the group.