The federal court has delayed hearing an injunction application to stop a rally commemorating the Cronulla riots after its organiser, Nick Folkes, requested an extension of time.
Folkes, who leads the Party for Freedom, has been planning to hold a rally 10 years after the riots, when racially driven violence swept across Sydney.
Sutherland shire council and a community leader, Jamal Rifi, have sought an injunction under the Racial Discrimination Act to prevent the rally, and also to seek the removal of some material from the Party for Freedom website.
On Wednesday Folkes – who came dressed in a white robe which he described as “Islamic garb” – asked the court for an extension of time. “I just thought it’s in the spirit of natural law to defend my case,” he said.
He is facing a second injunction from New South Wales police in the supreme court, which is due to be heard on Thursday. That injunction is to try to prevent the rally being held on the grounds that Folkes has been refused a permit to hold the event.
Justice Steven Rares said on Wednesday he would stand the matter down – most likely until Friday – to give Folkes time to prepare his case. “It seems to me at the moment its going to be very difficult for Mr Folkes to deal with the two matters,” he said.
“Mr Folkes, I think, has got to have a reasonable opportunity to get ready to prepare the case. The only other alternative is for me to look at hearing it on Friday if the police commissioner matter is unable to be cross-vested.”
Folkes said he would continue with the rally even if the injunctions were successful.