Sutherland Shire Council v Folkes

Sutherland Shire Council and Dr Rifi sought interlocutory relief to restrain Mr Folkes and Mr Burgess from holding or addressing a public event that was planned for the Reserve, which is a public recreation area in the Sutherland Shire local government area. The Council and Dr Rifi were concerned that the event would result in unlawful racial discrimination against persons of Lebanese or Middle Eastern race, nationality or ethnic origin, in breach of the Racial Discrimination Act 1975 (Cth). The court considered the application under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) for an interim injunction to prevent the respondents from holding and or addressing a public event. The court also considered the construction of ss 18C and 18D of the Racial Discrimination Act 1975 (Cth) in relation to publication of material that created apprehension of future unlawful acts or speech. The court rejected the arguments put forward by Mr Folkes and his party that the application should be refused due to the delay by the Council and Dr Rifi in seeking interlocutory relief and its futility. The court found that the Council and Dr Rifi had made out a prima facie case and that the injury they would suffer if an interlocutory injunction were refused outweighed the injury that Mr Burgess would suffer if an injunction were granted. The court made orders to restrain Mr Burgess from holding or speaking at a public assembly at the Reserve and either or both Cronulla or Maroubra until further order. The proceedings were stood over for directions to 5 February 2016. The third respondent was also ordered to pay the costs of the application for interlocutory relief.