NSW Police fail to block Newcastle climate protest in the Supreme Court
Climate Defenders Australia
Friday 13 November
In a win for protest rights, New South Wales Police have lost their attempt to block a Rising Tide protest in Newcastle tomorrow, after the Supreme Court sided with the grassroots climate group.
Julia Grix, Executive Director of Climate Defenders Australia, said:
“Today's decision is a win for the right to peaceful protest in NSW. The freedom to assemble, to speak up and to hold those in power to account belongs to everyone. It is at the foundation of our democracy.
“Peaceful protest is not a threat to public safety, and these rights shouldn't have to be defended in court.
“We are pleased with the decision of the court today and what it means for our client, and for us all.
“Hopefully the government will now get out of the way, and let Rising Tide safely plan and carry out their protest.”
Rising Tide’s “Paddle for the Planet” event is scheduled to take place on Saturday, 14 November 2026. It involves a paddle out into the Port of Newcastle – the largest coal port in the world – as well as family friendly events on shore at Horseshoe Beach. The protest calls for new jobs and funding for coal workers, and a safe and livable climate for everyone. It’s separate from the group’s People’s Blockade flotilla which looks to actively disrupt the port.
Judge Edward Muston sided with Rising Tide, rejecting the NSW Police Commissioner's bid. In his judgement he said:
“The Commissioner properly recognised that the organisers of the proposed public assembly and its likely participants hold deep and sincere concerns about what they understand to be the contribution made by the burning of fossil fuels to anthropogenic climate change. That issue features prominently in public and political discourse and the Commissioner did not seek to gainsay its significance.”
On September 17 2026, Rising Tide filed a Form 1 Notice of intention to hold a public assembly, to notify police of the protest as required under NSW law. This allows police time to ensure sufficient resources are allocated to the event. However, in this case the NSW Commissioner of the Police had made an application to the Supreme Court to prohibit the public assembly.
On Thursday 5 November, a week before the event, police filed the application to the Supreme Court opposing it, and a hearing was scheduled for Wednesday 11 November 2026.
Climate Defenders Australia have represented, and continues to represent, Rising Tide protesters in courts around the country.
Photos and videos from outside court can be found here (courtesy of Rising Tide).
MEDIA CONTACT: Julia Grix, Executive Director – 0411 242 214 – [email protected]