BREAKING NEWS “Irresponsible to allow”: Pro-Palestine Opera House protest unanimously struck down by NSW Court of Appeal

In a major ruling handed down this morning, the NSW Court of Appeal has unanimously prohibited a planned pro-Palestinian march from proceeding to the Sydney Opera House this Sunday, siding with NSW Police over concerns the event posed an unacceptable risk to public safety.

Police had argued the route from Hyde Park to the Opera House was unsafe for the estimated 40,000 attendees expected to participate, citing limited exits, bottlenecks, and crowd-control challenges near the forecourt. The court agreed, concluding the risk of overcrowding and crush injuries could not be mitigated to an acceptable level.

What was the judgment?

Justice Stephen Free, delivering the judgment, said the court found, “given the size of the crowd likely to participate…the public safety risk to participants and other members of the public is extreme”.

He pointed to “a number of pinch points” along the route “which would give rise to the risk of crowd crush as the route narrows, particularly as it approaches the Opera House forecourt.”

The ruling, however, does not ban the protest. This means that the organisers may still decide to go ahead with their intended route for march demonstrations. Nevertheless, they will not be provided immunity from being charged with offences such as obstructing traffic under the Summary Offences Act.

Why does this matter?

This decision marks the latest flashpoint in an ongoing debate over the limits of protest in Sydney’s public spaces, balancing political expression against public safety.

The timing of the decision adds further weight. It comes just two days after the two-year anniversary of the 7 October 2023 Hamas attacks, which killed around 1,200 people and saw more than 250 hostages taken into Gaza. It also follows the September release of a UN Human Rights Council report documenting more than 60,000 Palestinian deaths since the conflict began, describing Israel’s actions as consistent with acts of genocide under international law.

How is this different to the Harbour Bridge protests?

Just months ago, a planned pro-Palestinian march across the Harbour Bridge was initially blocked on safety grounds before being allowed on review. Ultimately, the court found there not to be a substantial enough safety concern to justify blocking the march. This time, the court has ruled in favour of caution, a decision likely to shape how protest rights are managed in Sydney for years to come.