White Australia party president Thomas Sewell is challenging the government's authority to designate his group, also known as the National Socialist Network, as a hate group under legislation enacted following the Bondi terror attack. The group has secured a hearing in Australia's highest court next month as it seeks to register as a political party.
Legal Challenge Underway
The White Australia party, along with Sewell, is contesting the validity of the law that allowed the government to list it as a prohibited hate group. They argue that the legislation 'burdens the freedom of governmental and political communication,' making it invalid. The group is simultaneously pursuing an interlocutory application to prevent the government from using its powers under the act until the High Court delivers its judgment.
In the first directions hearing before the High Court on Thursday, barrister and former Liberal MP for Wentworth, Peter King, represented the White Australia party and Sewell. The group had filed two interlocutory applications—one just hours before they were designated as a hate group last Friday, and another on Monday.
Court's Preliminary Ruling
Justice Jayne Jagot dismissed the first application, citing an 'absence of compelling grounds.' She noted that Sewell was aware the White Australia party was likely to be specified as a prohibited hate group. 'The circumstances on which the party relied for interlocutory relief … were of its own making,' Jagot stated. She added that commonwealth legislation is presumed valid until proven otherwise.
Jagot scheduled the interlocutory application hearing between 2 June and 5 June, with the constitutional challenge to be heard during the High Court's September sitting.
Electoral Ambitions Stalled
Guardian Australia understands the group had planned to contest the Victorian election in November and the federal election in 2028. They intended to submit an application to the Victorian Electoral Commission if successful in their interlocutory application. However, a little-known administrative change under the Electoral Amendment Act 2026 moved the deadline for registering a political party in Victoria forward to 1 June.
Jagot noted the group had not attempted to register a party in Victoria, only at the commonwealth level. Sewell swore an affidavit on 15 May stating that the White Australia party and its members had planned to contest the Victorian state election, according to documents submitted by the commonwealth. The commonwealth pointed out that the cutoff for registering as a political party in Victoria was 31 July, suggesting the matter be moved to the federal court for a quicker hearing, though this would leave the judgment open to appeal.
On Thursday, King told the court the Victorian election deadline was 'not critical,' despite Sewell's initial affidavit, emphasizing the validity of the political party as more crucial.
Membership Verification Issues
The neo-Nazi group has applied to the Australian Electoral Commission to register as a political party, but the application has been deemed invalid until the group reveals the identities of at least 1,500 members for verification. The group plans to submit its membership details pending the interlocutory application, with a spokesperson stating on Wednesday it did not want to 'doxx' its members.
