Tony Abbott says Australia is on a ‘slippery slope' after court backs Palestine protest on Harbour Bridge
Posting to X, formerly Twitter, Mr Abbott said: 'It should not be for judges to decide when a political protest is justified. The decision to close the Sydney Harbour Bridge to facilitate this protest is a political decision and should be made by elected and accountable ministers - who as it happens, think the march should not go ahead,' he posted.
'We are on a slippery slope when unelected judges start making political judgments.'
The march, which organisers say could draw as many as 50,000 people, will now proceed with legal protections after a Supreme Court ruling found it met the threshold to be considered an 'authorised' assembly under NSW law.
Justice Belinda Rigg handed down the decision on Friday, saying there was a clear public interest in allowing the protest to proceed.
'The march at this location is motivated by the belief that the horror and urgency of the situation in Gaza demands an urgent and extraordinary response from the people of the world.' She added: 'The evidence indicates there is significant support for the march,' she said in her judgement.
Police had previously rejected the application for the march, citing a lack of preparation time and safety risks, including the possibility of a crowd crush and major traffic gridlock.
But the court found that public inconvenience alone wasn't a valid reason to shut down the demonstration, with Rigg stating: 'If matters such as this were to be determinative, no assembly involving inconvenience would be permitted.'
The court's ruling grants demonstrator's protection from being charged under the Summary Offences Act, including for obstructing traffic. However, police will still have powers to address any illegal behaviour on the day.
Protesters will be expected to comply with directions, and police can still act against antisocial conduct, violence, or the display of prohibited symbols.
Justice Rigg said the demonstration was likely to cause disruption but emphasised that peaceful protest in response to global humanitarian crises carries high democratic value.
She rejected suggestions her decision would enable violence or hinder emergency services, stating it 'does not condone any antisocial behaviour or violence at the demonstration or ambulances not getting to hospital on time'.
Police Minister Yasmin Catley confirmed the government accepted the court's decision and urged the public to avoid the CBD during the protest. 'Police, we believe, will be able to handle the protest on the bridge tomorrow, so long as people are peaceful, that they listen to what the police ask them to do,' she said. 'But make no mistake, there is going to be massive, massive disruption. So our message is, avoid the city if you can.'
The ruling has sparked political backlash, with NSW Premier Chris Minns previously voicing his opposition to the event and warning against allowing the city to 'descend into chaos'.
Despite this, at least five Labor MPs, Stephen Lawrence, Sarah Kaine, Anthony D'Adam, Lynda Voltz, and Cameron Murphy, signed an open letter on Thursday night calling on the government to support 'a safe and orderly event' on Sunday.
Palestine Action Group, which is organising the march, had already made it clear the protest would go ahead regardless of the court's decision.
A separate counter-protest, organised by the Christian group Never Again is Now, was denied legal protections due to its late application. The group had planned to rally near the Sydney Harbour Tunnel.
Justice Rigg ruled that police would retain the power to move the group on, or arrest participants if necessary.
There is no explicit right to protest in NSW law, but the High Court has recognised an implied right to freedom of political communication under the Australian Constitution.
This ruling means that protests cannot be banned outright, even when disruptive, provided organisers follow the legal process.
Sunday's march will proceed with traffic and transport disruptions expected across the city.
Police have urged participants to follow instructions closely, and the Human Rights Law Centre has reminded protesters that authorisation does not give them licence to act unlawfully.
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