16/04/2026

The Australian Lawyers Alliance (ALA) welcomes the decision of the New South Wales Court of Appeal today to strike down a NSW government law, passed in the wake of the Bondi massacre which meant that protestors could not march for up to three months after the attack in areas designated by police.

The law was challenged by three activist groups – the Blak Caucus, the Palestine Action Group and Jews Against the Occupation ’48 – in January and the Court found the law impermissibly burdens the implied constitutional right to freedom of communication on government and political matters.

ALA spokesperson Greg Barns SC said the Alliance welcomed the Court's decision because the laws represented a knee jerk reaction by the New South Wales government to the Bondi attack.

“Laws that effectively ban protest and other forms of freedom of expression, or which severely curtail them, are in most cases anathema to a democratic society,” said Greg Barns SC.

“Like the federal government's hate speech laws these laws were drafted in a hurry and did not allow for genuine consultation. When dealing with human rights law making, this should never be the case.

“The case demonstrates yet again the need for a national human rights charter that would prevent governments from passing anti free speech laws.”