High Court dismisses White Australia's bid to remove hate group listing

White Australia's bid to remove its listing as a hate group has been dismissed by the Hight Court.

In May the government listed the Neo-Nazi group as a prohibited hate group under laws introduced after the Bondi terror attack.

What's next?

A formal challenge to the validity of the new law is set to be heard later this year.

The High Court has dismissed an application by White Australia for an injunction against its listing as a hate group under a new law put in place after the Bondi attack.

The group wanted the listing to be lifted ahead of a formal challenge to the validity of the new law set to be heard later this year.

The Neo-Nazi group is the second to be listed as a prohibited hate group under new law.

White Australia has also been known as the National Socialist Network.

The new laws make it a criminal offence to support, fund, train, or recruit for the organisation.

The penalties range up to maximum sentences of 10 to 15 years.

Members of the group had begun disbanding in January in anticipation of the listing.

On Wednesday, lawyers for the group asked for an injunction against the move to allow them time to mount a case challenging the new law.

Barrister Peter King, who is acting for the group, said the law was a burden on the implied freedom of political communication.

Mr King said if criminalisation of the group, which had 1,778 members, was allowed to remain there could be irrevocable damage.

He said there would be a "chilling" suppression on matters of public importance as the group was stripped of its standing and funds.

Mr King suggested there would be an extinction of the association, and constitutional rights would be extinguished.

"None of this can be undone by final relief," Mr King said.

But lawyers for the government argued there was a risk of real harm in granting the injunction.

The court heard to restrain the regulations in the new law would be to restrain the criminal law at large when it was known the group's rhetoric encouraged violence.

The government said rejecting the injunction would not cause "injury" to the group.

On Thursday Chief Justice Stephen Gageler dismissed the application.

No date has been given for a formal hearing.