IN BRIEF
- The Home Affairs Minister declared the neo-nazi organisation a prohibited hate group after advice from ASIO.
- The Judge noted that the conditions in which the neo-nazi group relied on the injunction “were of its own making”.
Efforts by the neo-Nazi group, White Australia, to temporarily evade being classified as an illegal hate organization have been stalled. However, the High Court is expected to make a decision on the matter by June.
Previously identified as the National Socialist Network, the group is challenging the government’s hate speech laws. They are seeking a legal injunction to prevent the home affairs minister from declaring them an unlawful entity.
Thomas Sewell, the leading figure in this legal action, communicated through Telegram prior to the hearing, stating the injunction’s purpose is to stop the government from implementing this legislation to arrest or detain him while the High Court assesses its constitutional legitimacy.
During a recent session, High Court Justice Jayne Jagot ruled that the case lacks urgency and can be addressed in an upcoming hearing. She noted Sewell had been aware of the possibility that the White Australia Party might be designated as a banned hate group.
Justice Jagot remarked, “The circumstances that the party relies on for interim relief are self-induced.”
“The circumstances on which the party relied for interlocutory relief … were of its own making.”
The next hearing will be held between 2 June and 5 June, when the application to block the listing could be decided.
A two-day final hearing at which the constitutionality of the hate speech legislation will be discussed is scheduled for early September.
White Australia has been seeking to establish itself as a political force aiming to run in the next federal election.
Asked whether he wanted the matter to be dealt with before the deadline for candidates to run in the 2026 Victorian election, White Australia’s barrister Peter King said that was not critical.
“I’m instructed that the Victorian election deadline, as it were, is not critical … the validity and entitlement of their political party … is critical,” he told the court.
After receiving advice from spy agency ASIO, Home Affairs Minister Tony Burke declared the neo-Nazi organisation a prohibited hate group under laws passed following the Bondi Beach terror attack.
White Australia’s predecessor, the National Socialist Network, announced it was disbanding when the hate laws were introduced.
In reality, Mr 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 now a crime to support, fund or join the group.
Islamist organisation Hizbut Tahrir has also been banned under the post-Bondi laws.
For the latest from SBS News, download our app and subscribe to our newsletter.
