A neo-Nazi group allegedly involved in last year's attack on Camp Sovereignty has suffered a setback in the High Court in its attempt to shield itself from prosecution as a prescribed hate organisation.
Last month, Home Affairs Minister Tony Burke announced the white supremacist organisation formerly known as the National Socialist Network (NSN), now operating as White Australia, would be formally listed as a hate group under the Criminal Code. It is only the second organisation to be listed under Australia's new prohibited hate group framework.
In response, lawyers acting on behalf of NSN leader Thomas Sewell and the group's proposed political vehicle, the White Australia Party, launched a High Court challenge against the Commonwealth.
However, on Thursday, Chief Justice Stephen Gageler dismissed an application for an injunction that would have prevented enforcement of the laws — including any reprieve from potential arrests — before the substantive challenge is heard in September.
Justice Gageler said there weren't "compelling grounds" to interfere with the legislation as it currently stands.
"This is not a case in which compelling grounds have been shown for refusing to defer to the legislative enactment pending judicial determination of a challenge to its validity," Justice Gageler said.
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The applicants had sought orders preventing authorities from prosecuting the group over its "membership, political association, political communication, party registration, campaign activities or distribution of electoral matters" until the matter is determined later this year.
They argue the legislation underpinning the hate group designation is invalid because it "burdens the freedom of governmental and political communication" and grants the executive punitive powers without judicial review. They rely in part on the 1951 High Court decision in Australian Communist Party v Commonwealth.
In his brief ruling on Thursday, Justice Gageler noted: "Undoubtedly, Mr Sewell and other current members of the party are in jeopardy of committing offences if they choose to maintain their membership or participate in activities of the party pending the final determination of the proceedings.
"Those, however, are risks inherent in the existence of the impugned provisions for so long as their validity remains undetermined. The risks would not be lessened by any temporary restraint of their enforcement or implementation."
In January, hate speech laws introduced following the Bondi attack prompted the NSN to announce it would disband rather than risk prosecution.
However, Mr Sewell — who is on bail over his alleged role in an attack on the sacred Aboriginal site Camp Sovereignty in August 2025 — later confirmed the group intended to continue pursuing its goal of establishing a neo-Nazi political party. An application was lodged with the Australian Electoral Commission in April under the name White Australia Party.
When announcing the hate group designation, Mr Burke said the organisation would remain listed even if it rebranded — with members facing penalties of up to 15 years' imprisonment — through what he described as a "simple regulation change".
The NSN has been accused of attacking Camp Sovereignty in August last year.
Established in 2006 by Krautungalung Elder Robbie Thorpe, Camp Sovereignty is a peaceful site for community gathering, reflection and ceremony, and is also the resting place of repatriated remains of 38 Aboriginal Victorians.
The attacks followed a series of anti-immigration rallies held nationwide. Footage showed about 40 men dressed in black — many allegedly linked to the NSN and some carrying flagpoles and sticks — storming the Indigenous camp at Melbourne's Kings Domain.
Seven men accused of involvement in the attack have pleaded not guilty to affray charges and will appear in Melbourne's County Court in June. Mr Sewell has already been committed to stand trial over the alleged attacks.
In Parliament, Minister for Indigenous Australians Malarndirri McCarthy described the attack as "hateful violence".
"These kinds of attacks — be they on religious institutions or be they on these culturally significant Aboriginal sites — use hate and violence to divide us. But we will not let them divide us," she said last year.
To date, the Australian Federal Police has declined to charge any NSN member with a hate crime, despite many — including more than 20 federal crossbench MPs — arguing the attacks fit the criteria.
