Josh Lee on behalf of Palestine Action Group (PAG)'s Historic Legal Challenge Against NSW Anti-Protest Laws Heard in Supreme Court: Yesterday, our client Josh Lees, representing the Palestine Action Group (PAG), stood on the steps of the NSW Supreme Court to launch a constitutional challenge against the controversial protest laws passed earlier this year by the Minns Labor Government.
Josh was represented by a team of leading barristers, Craig Lenehan SC, Felicity Graham, and Thomas Wood, along with our Principal Solicitor, Peter O'Brien, who appeared in support throughout the proceedings and was filmed arriving alongside Josh as part of the legal team. The moment was captured on video, watch here.
Josh Lee Case: NSW Protest Laws Spark Widespread Legal and Public Backlash
The case arises from amendments to the Law Enforcement (Powers and Responsibilities) Act (LEPRA), which broaden police powers to restrict or remove protestors near places of worship. The new laws make it a criminal offence to hinder or cause fear near such sites — even when no actual intimidation or obstruction occurs.
This legal action has been covered extensively, including by The Guardian, which reported that the protest outside the Great Synagogue in Sydney, cited as the catalyst for the laws, was in fact targeting a political event, not a religious service. The event featured a speaker from the Israel Defense Forces, raising serious questions about whether the law is genuinely aimed at religious protection or is, in practice, being used to suppress political speech.
Read our other related Case Studies on protest rights.
What Happened in Court: Josh Lee Case
In court, Felicity Graham told Justice Anna Mitchelmore that the protest in question was "a political event being held at the synagogue." She also argued that the protest laws are an unconstitutional burden on the implied constitutional freedom of political communication.
Barrister Craig Lenehan SC also criticised the legislation's vague language, especially the undefined term "near", which he said creates a chilling effect on protest activity.
The challenge also hinges on the fact that the original justification for the laws, the Dural caravan incident, was later revealed to be a hoax. Just weeks after the legislation passed, the Australian Federal Police concluded that the caravan was part of a criminal ruse to distract law enforcement.
Public Scrutiny and Political Fallout: Josh Lee on Protest Laws
As the legal challenge plays out, a parliamentary inquiry is simultaneously investigating what Premier Chris Minns and other officials knew before pushing the laws through Parliament. Several staffers have been summoned to testify, though Minns has pushed back, calling the inquiry a "fishing expedition."
Greens MLC Sue Higginson and other political and civil society figures, including the NSW Council for Civil Liberties, Rising Tide, and the Jewish Council of Australia, stood in support of the challenge outside the court.
Peter O'Brien: "This Case Is About Fundamental Rights"
Principal Solicitor Peter O'Brien, who appeared with Josh Lees throughout the day, said the case reflects a vital test of constitutional accountability. "Our client is defending not just his own rights, but the right of every person in NSW to peacefully express dissent," he said.
Peter can be seen in video footage outside court, speaking with journalists and supporters, reaffirming O'Brien Solicitors' commitment to defending civil liberties and holding governments to the rule of law.
What's Next for Josh Lee?
Justice Mitchelmore has reserved her decision. Meanwhile, the case continues to draw widespread media attention and public interest, with many seeing it as a test case for how far governments can go in restricting peaceful assembly.
O'Brien Criminal & Civil Solicitors will continue to represent Josh Lees and the Palestine Action Group in this landmark challenge.