NSW’s top court will hold an urgent hearing in the latest test case on protest rights as police seek an order blocking a planned pro-Palestine protest descending on the Sydney Opera House forecourt on Sunday.

NSW Police lodged an application last week in the Supreme Court, seeking a prohibition order over the protest. Jewish leaders back the police in opposing the march and will seek to be heard in court.

Supreme Court Justice Ian Harrison made orders on Tuesday paving the way for the state’s top court, the Court of Appeal, to hear the application on Wednesday.

Despite its name, a prohibition order would not result in the protest being banned outright, but it would expose protesters to a wider range of potential criminal sanctions, including for obstructing traffic.

Sydney barrister

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