Josh Lees Lawyers: On Sunday, August 3, 2025, more than 300,000 people took to the streets for the " March for Humanity," a pro-Palestinian rally that traversed Sydney's iconic Harbour Bridge. This historic moment was only possible thanks to a pivotal legal victory delivered by O'Brien Criminal & Civil Solicitors, affirming the fundamental right to peaceful protest in New South Wales.
The Legal Battle: Police vs Protest
Last week, concerns around public safety led the NSW Police Commissioner to seek an urgent prohibition order in the Supreme Court, aiming to prevent the scheduled rally organised by the Palestine Action Group, represented by Josh Lees. Police argued that the late notice and scale of the proposed march, originally estimated by police to attract up to 50,000, but ultimately far surpassing that, posed unacceptable risks.
O'Brien Criminal & Civil Solicitors, led by Principal Solicitor, Peter O'Brien, and Tim Rayner, worked alongside an outstanding barrister team, Felicity Graham, Amanda Sapienza, and Mahmud Hawila. This team took up the defence on behalf of Mr Lees and the organisers. In court, our team emphasised the organisers' commitment to safety, their history of successful cooperation with authorities, and the urgent humanitarian impetus for the demonstration.
Courtroom Highlights
During proceedings, the Court interrogated witnesses on the practicality of last-minute planning for such a large event, with references made to past protests and the police's ability to maintain public order regardless of a protest's "authorised" status. These exchanges reinforced a key principle: police are always equipped with a suite of powers to address antisocial or unsafe behaviour during public assemblies.
Our legal team addressed police concerns about potential crowd crush at Lang Park and possible traffic congestion due to bridge and road closures. We highlighted the collaborative planning between Transport for NSW and event organisers, and the in-depth experience of the marshals tasked to help the rally run safely.
Justice Rigg's Decision
On Saturday, August 2, Justice Belinda Rigg delivered a comprehensive judgment. Her Honour canvassed the profound challenge of balancing competing public interests, freedom of expression versus safety, and minimal disruption. However, ultimately found insufficient grounds for blanket prohibition.
Justice Rigg noted that while "ideally, a year or many months of planning would have made Sunday's event more safe and more predictable," the reality of responding urgently to a humanitarian crisis made such planning "not a practical reality."
The judge credited the Palestine Action Group's experience and their established cooperation with police as crucial to her reasoning. Importantly, she observed that "the extensive powers available to police, whether the march is authorised or not, is important," and found no evidence that a prohibition order would improve public safety.
A Peaceful, Historic Rally
Built upon this legal foundation, the rally proceeded, peacefully and with strong public order measures, in the full view of the nation and the world. The march garnered support from diverse communities, with significant endorsements and statements provided in court, including from NSW parliamentarians and civic groups.
Police, recognising the court's decision, worked with organisers to ensure the rally's safety, and a substantial police presence was maintained throughout the city to protect all involved.Commissioner-of-Police-v-Josh-Lees-hearing-010825-transcript-v2.docx
The Significance
This case reaffirms the principle that the right to peaceful protest remains at the core of a free and democratic society, even in the face of significant logistical and public order challenges. The judgment underscores the importance of judicial oversight in safeguarding civil liberties against unnecessary state restriction.
For O'Brien Criminal & Civil Solicitors, this victory is a testament to our unwavering commitment to justice and the protection of fundamental legal rights. We commend our clients, barristers, and the entire legal team for their dedication, skill, and advocacy.
Costs in the proceedings have been reserved, and we remain engaged on that front.
Josh Lees Lawyers: Protect Protestors
At O'Brien Criminal & Civil Solicitors, we continue to stand by individuals and communities fighting for their rights and freedoms. Whether representing clients in actions against the state or defending the right to be heard, our team is dedicated to upholding justice, integrity, and equality.
If you seek expert legal advice in criminal, civil, or protest-related matters, contact us today. Your rights deserve our expertise.
Contact us today for a confidential consultation and take the first step towards resolution.
- Call (02) 9261 4281
- Email info@obriensolicitors.com.au
- Or enquire online for a confidential consultation.