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Home»Latest»Palestine Action Group legal challenge decision handed down
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Palestine Action Group legal challenge decision handed down

info@thewitness.com.auBy info@thewitness.com.auFebruary 9, 2026No Comments5 Mins Read
Palestine Action Group legal challenge decision handed down
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Updated February 9, 2026 — 8:33pm,first published 4:46pm

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Thousands have gathered outside Town Hall in an at times violent demonstration against Israeli President Isaac Herzog, after a court rejected a bid to strip police of enhanced powers granted during his visit to Sydney.

The crowd on Monday night, many waving Palestinian flags and holding signs critical of Herzog, spilled onto the streets surrounding Town Hall, with a number of people arrested during clashes where police used capsicum spray on protesters.

Protesters held up signs labelling the visiting president a “war criminal” and accusing him of genocide. “Isaac you are pure evil,” one read.

Some held bloody dolls representing dead Gazan children. Other signs depicted wanted posters for Herzog, as well as Israeli Prime Minister Benjamin Netanyahu.

Others brandished signs of Premier Chris Minns and Herzog painted with moustaches evoking Hitler.

The rally came shortly after the NSW Supreme Court rejected an urgent legal challenge to sweeping powers granted to police for Herzog’s visit to Australia. Justice Robertson Wright made orders less than an hour before the planned protest.

A pro-Palestine protester outside the Supreme Court on Monday.Peter Rae

The NSW government quietly declared Herzog’s visit a major event on Friday under legislation typically used to manage crowds at large sporting events.

It triggered wide-ranging powers for NSW Police, including the ability to shut down parts of a “major events area” in the Sydney CBD and eastern suburbs, to limit the number of people who can remain in the area, and to conduct searches. The march to parliament was not an authorised route.

The major event declaration was not announced publicly until Saturday.

Minutes after the court challenge was rejected, Palestine Action Group spokesman Josh Lees said the protest at Town Hall and planned march to Parliament House would go ahead regardless.

What began as a peaceful rally spiralled into violence as protesters attempted to march from Town Hall, with a number arrested after clashes with police.

Palestine Action Group organiser Josh Lees outside the Supreme Court.Wolter Peeters

Australian of the Year Grace Tame condemned Herzog’s visit, earlier telling the crowd Australia was “a so-called democracy that punishes peaceful protesters like us, but welcomes a war criminal with open arms”.

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Israeli President Isaac Herzog (2nd from right) among families of those killed at the site of the Nova music festival on the first anniversary of the October 7 Hamas attack in 2024.

“A man … who said, and I quote, ‘there are no innocent civilians in Gaza’,” Tame said, before leading a chant of “From Gadigal to Gaza, globalise the intifada”.

Labor MPs Dr Sarah Kaine, Cameron Murphy and Stephen Lawrence were at the rally despite Minns invoking the special police powers. Several NSW Greens MPs were also in attendance.

Jewish independent journalist Antony Loewenstein told the crowd Israel’s actions “endanger all of us, including Jews.”

“[Herzog] in Israel may be seen as a Labor-left man, believe me, he is an extremist, which is very mainstream in Israel,” Loewenstein said.

The area declared to be a major event area under the Minns government’s declaration.NSW Government Gazette

Earlier on Monday, a pro-Palestinian protester who yelled “shame” and “free Palestine” as Herzog’s motorcade departed from Bondi Pavilion was issued a move-on direction by police under the major event powers while the court challenge was under way. He complied with the direction.

It is the first time the powers have been used solely for the visit of a foreign dignitary.

The government said in a media release on Saturday that “we cannot allow a situation where mourners, visitors and protesters are brought into close proximity in a way that risks conflict, violence or public disorder”.

Israeli President Isaac Herzog (left) and his wife Michal Herzog (centre) with NSW Premier Chris Minns (right) during their visit to Bondi Pavilion.Kate Geraghty

Had it been successful, the challenge to the major events powers would only have removed one source of potential criminal liability for protesters.

The Palestine Action Group has also launched a pending challenge to separate public assembly restrictions, introduced following the Bondi tragedy, which remove legal protections for protesters who block traffic or pedestrians on unauthorised protest routes.

While crowds gathered at Town Hall, chanting “from the river to the sea, Herzog to the ICC [International Criminal Court],” not far away, and still within the “major event area” declared for the Israeli president’s visit, children splashed happily in the Darling Harbour water play zone.

They were watched over by snipers and a hovering police helicopter preparing for Herzog to arrive at a different ICC.

Herzog was due to address an event organised by the Zionist Federation of Australia at the International Convention Centre on Monday night.

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Jessica McSweeneyJessica McSweeney is a reporter at The Sydney Morning Herald covering urban affairs and state politics.Connect via email.
Amber SchultzAmber Schultz is a crime and justice reporter with The Sydney Morning Herald.Connect via X or email.
Jack GramenzJack Gramenz is a breaking news reporter at The Sydney Morning Herald.Connect via email.

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