The White Australia party, also known as the National Socialist Network, has secured a hearing in Australia's High Court next month as it seeks to pause its listing as an illegal hate group and register as a political party.
The group and its president, Thomas Sewell, are challenging the government's authority to designate them as a hate group under legislation enacted after the Bondi terror attack. They argue the law is invalid because it burdens freedom of political communication.
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 being designated as a hate group last Friday and another on Monday.
Justice Jayne Jagot dismissed the first application, stating there was an absence of compelling grounds. She noted that Sewell had been on notice that the group was likely to be specified as a prohibited hate group and that the circumstances for interlocutory relief were of their own making. She added that commonwealth legislation is presumed valid until proven otherwise.
Jagot set a hearing for the interlocutory application between June 2 and June 5, with the constitutional challenge scheduled for the September sitting of the High Court.
Guardian Australia understands the group planned to contest the Victorian state election in November and the federal election in 2028. They intended to submit an application to the Victorian Electoral Commission if successful in the interlocutory application. However, due to an administrative change under the Electoral Amendment Act 2026, the deadline to register a political party in Victoria was moved forward to June 1.
Jagot noted the group had not attempted to register a party in Victoria, only at the commonwealth level. Sewell swore an affidavit on May 15 stating the group planned to contest the Victorian election. The commonwealth noted the cutoff for party registration in Victoria was July 31 and suggested moving the matter to the federal court for a faster hearing, but this would allow appeals unlike High Court judgments.
King told the court the Victorian election deadline was not critical, despite Sewell's affidavit, emphasizing the validity of the political party as more important. The neo-Nazi group has applied to the Australian Electoral Commission to register as a political party, but the application is invalid until it reveals the identities of at least 1,500 members for verification. The group plans to submit membership details pending the interlocutory application, with a spokesperson stating they do not want to dox their members.
