The NSW Court of Appeal has blocked a major demonstration planned for Sydney Opera House this weekend.
The ruling came after three judges unanimously agreed the protest posed unacceptable public safety risks. The Palestine Action Group had expected 40,000 people to converge on the iconic landmark’s forecourt on Sunday, 12 October.
But police raised alarm bells about potential disaster.
Court Cites Deadly Historical Precedent
Chief Justice Andrew Bell referenced the 1989 Hillsborough stadium tragedy during Wednesday’s hearing. Nearly 100 people died in that crowd crush before an FA Cup semi-final in the United Kingdom.
The Palestine Action Group lost their court case and were denied access to the Sydney Opera House. They must pay court and NSW police costs, potentially bankrupting the group.
— Rob Smith (@Ausbobsmit) October 8, 2025
Bell warned Macquarie Street could become a “narrow funnel” during the planned march from Hyde Park. The forecourt, surrounded mostly by water, offers limited escape routes in an emergency.
Assistant Police Commissioner Peter McKenna didn’t mince words. “It has disaster written all over it,” he testified before the court.
Justice Stephen Free delivered the Thursday morning decision. A protest of that size would have “given rise to a risk of crowd crush,” he said.
The unanimous ruling strips protesters of immunity from criminal sanctions like traffic obstruction. Police can now move on or arrest anyone gathering at the forecourt.
What Sparked This Legal Battle
Palestine Action Group has held weekly Australian protests for two years. This weekend marks exactly two years since the 7 October 2023 Hamas attacks that killed 1,200 people in Israel.
Israel’s subsequent military response has killed over 67,000 Palestinians according to Gaza’s Health Ministry.
Organisers wanted to use the Opera House’s symbolic power. The landmark has hosted anti-war demonstrations before, including “No War” painted on its sails in 2003 opposing the Iraq War.
Key concerns raised by police:
- Estimated crowd could balloon well beyond 40,000 people
- August’s Sydney Harbour Bridge protest drew between 90,000-300,000 despite rain
- Opera House security requires X-ray screening and bag checks for all entrants
- Forecourt exit points create bottleneck risks
- Good weather forecast could drive higher attendance
Government Leaders Back Court Decision
NSW Premier Chris Minns welcomed the ruling. “It’s very important and very clear from this judgement that the protest should not take place down at the Sydney Opera House,” he told reporters.
Minns referenced an October 2023 demonstration at the same venue. An Israeli flag was burned and some protesters chanted antisemitic slurs during that rally.
Prime Minister Anthony Albanese had earlier discouraged demonstrations marking the October 7 anniversary. He called for “decent human behaviour” around the sensitive date.
The Australian federal government has faced ongoing criticism over its Middle East policy from multiple sides.
Protesters Pivoting to Plan B
Palestine Action Group organiser Damian Ridgwell addressed media after the decision. “The court proceedings did not go our way today and we won’t be marching to the Opera House,” he confirmed.
The group will march down George Street in Sydney’s CBD instead. They’re coordinating with police on the alternate route.
Ridgwell urged leaders to light the Opera House sails in Palestinian flag colours. “Our right to protest is paramount in a democratic society,” he insisted.
The group’s lawyer, Nick Hanna, characterized the legal battle as “David vs Goliath.” The Opera House Trust, Botanic Gardens, and Jewish groups all supported the police challenge.
He warned anyone defying the order could face contempt of court charges.
The Broader Context
Between October 2023 and September 2024, NSW Police deployed 13,320 officers to 52 pro-Palestinian demonstrations in Sydney alone.
The estimated policing cost exceeded $3.8 million for those events based on standard deployment rates.
NSW operates under a permit system that generally allows protesters to block roads unless courts specifically deny permission. This makes the Opera House ban relatively rare.
In August, police tried blocking a Sydney Harbour Bridge protest but lost that court challenge. That demonstration proceeded and became one of the largest in Sydney’s history.
Civil liberties groups have expressed concern about increasing protest restrictions. However, authorities maintain public safety must come first.
The Executive Council of Australian Jewry intervened in the case. Their barrister Vanessa Whittaker argued the rally would “cause further fear of antisemitism” in the community.
Pro-Palestinian protesters previously gathered at Sydney Opera House in October 2023, sparking heated debate about appropriate protest locations.
What Happens Next
Sunday’s demonstration will proceed along the alternative George Street route. Exact timing and gathering points will be confirmed by organizers.
Police have indicated they’ll work cooperatively with the group on the modified plan. The alternate location doesn’t face the same physical constraints as the Opera House forecourt.
However, the symbolic impact won’t be the same. The Opera House was chosen specifically for its global recognition and historical protest significance.
Legal experts suggest this case could influence future protest decisions across Australia. The ruling balances free speech rights against genuine public safety imperatives.
Also Read: Israel and Hamas Reach Historic Peace Agreement After Two Years of Devastating War
FAQs
Q: Can the Sydney Opera House protest be completely banned?
A: No, the court didn’t ban the protest entirely. It removed legal immunity from certain offences for protesters who gather at the Opera House forecourt specifically.
Q: Where will the protest take place instead?
A: Palestine Action Group will march down George Street in Sydney’s CBD in cooperation with police.
Q: Why did the court cite Hillsborough?
A: The 1989 Hillsborough disaster killed nearly 100 people in a crowd crush. Judges used it as an example of what can happen when crowds exceed a venue’s safe capacity.
Q: How many people attended previous Sydney protests?
A: The August Sydney Harbour Bridge protest drew between 90,000-300,000 people, far exceeding the 10,000 organisers estimated.
Q: What’s the estimated cost of policing these demonstrations?
A: NSW Police deployed over 13,000 officers to 52 protests between October 2023 and September 2024, with estimated costs exceeding $3.8 million.
