11 November 2026
New South Wales Police will challenge Rising Tide in the Supreme Court today in an attempt to block the grassroots climate group from putting on a protest in Newcastle next week.
Dr Josh Pallas, Legal Director at Climate Defenders Australia, said:
“Rising Tide has a long history of peaceful protests about the fossil fuel transition in the Hunter. We’re proud to support them in defending this application today.
“This case is important for protest rights, as our client tries to have a short and safe protest on waters that carry Australian coal out of the country to be burnt offshore contributing to climate change and causing more intense extreme weather events.”
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 liveable climate for everyone. It’s separate from the group’s People’s Blockade flotilla which looks to actively disrupt the port.
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, instead of letting the process work and allowing the Form 1 protest to happen the NSW Commissioner of the Police has made an application to the Supreme Court to prohibit the public assembly.
“While Chris Bowen is in Turkey playing a crucial role at COP31, and NSW parliament is debating a bill to overturn a High Court case about Mount Pleasant mine extension, the NSW Police Commissioner has initiated proceedings in the NSW Supreme Court to stop an entirely peaceful protest about the climate from going ahead. Surely there are better uses of taxpayer money than this?
“Coal in the Hunter is a red hot issue right now. Instead of heaping coals on the fire, governments could be listening to the science and transitioning away from fossil fuels today. It’s no wonder people want to protest. And they should be allowed to.”
Rising Tide had followed up with police multiple times for a response to their Form 1, but it wasn’t until Thursday 5 November, a week before the event, that police filed the application to the Supreme Court opposing it, and a hearing was scheduled for Wednesday 11 November 2026.
“We have prepared this case under extreme time pressure. The Commissioner sat on our client’s Form 1 Notice from 17 September until they commenced proceedings on 5 November. It’s hard to have a fair fight under these time constraints, but we are ready.
“This is not how the government should be treating concerned citizens who want to peacefully protest about a political issue.”
Climate Defenders Australia have represented, and continues to represent, Rising Tide protesters in courts around the country.
“We are optimistic that the court will side with our client and uphold protest rights,” Dr Pallas said.
Audio for radio news grabs attached
MEDIA CONTACT: Dr Josh Pallas, Legal Director, Climate Defenders Australia – 0458 605 281 – [email protected]
