11/12/2015 12:16 PM AEDT | Updated 15/07/2016 12:51 PM AEST

Court Bans Cronulla Riot Memorial, But Racist Protest Still Expected


A far right group has declared it will host a BBQ in a Cronulla park on the 10th anniversary of the Cronulla riots, hours after the NSW Supreme Court banned a similar group from hosting a rally.

The Australian Defence League announced on its Facebook page on Friday it will host a BBQ at the Don Lucas Reserve.

australian defence league

The announcement comes after a successful 11th hour bid to stop the rally was launched by the NSW Police Commissioner on the grounds it would stir up racial hatred.

Justice Christine Adamson banned the event on Friday, just a day before the rally is planned to take place and ahead of a separate Federal Court case to determine if the rally is in breach of the Racial Discrimination Act.

Following Justice Adamson's decision, Party for Freedom chairman Nick Folkes's legal representative, James Loxton, reportedly told the Federal Court in a separate hearing the effect of the prohibition "is if my client does attend he may be arrested, if he attempts to speak he may be arrested".

But he said large crowds were likely to descend on Cronulla despite the prohibition.

"They'll be looking to somebody -- not only the police, but someone from the party -- to lead them and to assist police," he is reported to have said.

Before the ruling Folkes told the ABC the memorial was about celebrating Australian culture, not violence.

"I believe it's an important time when Australians did stand up," Mr Folkes said.

The Party For Freedom Facebook Page has since shared a blog post accusing the judge of "supporting terrorists".

"Yes people are still going," the said in a comment below the post.

The Federal Court separately considering an application from Muslim community leader Jamal Rifi, who has asked the court to find the memorial event in breach of the Racial Discrimination Act.

"They have every right to express their view but their right is not absolute," he told the ABC.

"We also have a right as a citizen of this country not to be insulted, not to be humiliated and not to be intimidated.”

On Thursday Ian Temby QC, who appeared for the Police commissioner, told a court hearing the planned rally risked fresh violence.

The far-right group was planning "the biggest Aussie pride rally this country has ever seen" to "commemorate" the 10th anniversary of the infamous Cronulla riots. Busloads of counter-protesters were reportedly intending to stand in opposition to the rally.

Party For Freedom, which describes itself as "a patriotic conservative alternative to the major treasonous political parties", had been mail-dropping flyers and posting online ads for its "Cronulla 10 Year Memorial" event on December 12 at a Cronulla reserve.

The 2005 Cronulla riots, one of the ugliest episodes in recent Australian history, was the culmination of a long-bubbling undercurrent of tension and ill-will between mostly young Caucasian and Middle Eastern men in the southern suburbs of Sydney, which resulted in a day of fighting, intimidation, vandalism and mob violence.

After making headlines around the world, the riot led to 104 arrests - 51 from the original riot and 53 from later riots.