Australia High Court rejects White Australia bid to block hate-group designation

Australia's High Court has dismissed an urgent bid by the neo-Nazi group White Australia to temporarily block its designation as a prohibited hate group. The ruling means the organisation remains subject to anti-hate laws passed after the Bondi Beach mass shooting. The group had argued that the designation would effectively end its operations.

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Chief Justice Stephen Gageler dismissed the injunction application on Thursday, according to the court hearing. White Australia had asked for temporary immunity while it continues a separate constitutional challenge to the laws. A two-day hearing on that broader case is scheduled for September.

The group is also seeking to register as a political party, adding another legal dimension to the dispute. The home affairs minister, Tony Burke, declared White Australia a prohibited hate group in May after receiving advice from the domestic intelligence agency ASIO. Under the government's declaration, it is a crime to support, fund or join the group.

Burke has said the organisation was effectively a continuation of the National Socialist Network, which announced it was disbanding when the hate laws were introduced. The case is significant because it tests how far Australia's post-Bondi legal response can go in restricting extremist organisations. The laws were introduced after the Bondi Beach attack and are being used to target groups the government says have simply changed names rather than ceased operating.

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White Australia's lawyers told the court that the listing would cause the organisation's "extinction", while the government argues the group has "phoenixed" into a new form. The dispute also highlights the wider legal and political debate over anti-hate speech laws in Australia. White Australia is challenging the constitutionality of those laws in a separate proceeding, which could affect how the legislation is applied in future.

The involvement of ASIO, the home affairs minister and the High Court shows the matter has moved beyond a single organisation and into a broader test of the state's powers against extremist activity. What remains unclear is how the court will rule on the constitutional challenge when it is heard in September. It is also not yet clear whether White Australia will continue to operate under its current name while the case proceeds.

The immediate effect of Thursday's ruling is that the group does not have temporary protection from the hate-group designation, and the legal fight now shifts to the wider validity of the laws themselves.

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