Court blocks the Black Lives Matter protest rally in Sydney

NSW Police have been successful in their action to block the Black Lives Matter protest scheduled to take place in Sydney’s CBD tomorrow afternoon.

Federal Government has also sternly warned Australians not to attend large anti-racism protests slated for this weekend, saying the progress Australia has made in suppressing COVID-19 is at risk.

The Prime Minister Scott Morison earlier urged anyone thinking of attending to remember the "sacrifices" others had made during the coronavirus restrictions, including the cancellation of group commemorations for Anzac Day and limited gatherings at funerals.

"Our message is very clear that the health risks of gathering in such large numbers and into close proximity are real.

"Let's find a better way and another way to express these sentiments." Said Mr. Morrison

NSW Police took organisers to court, concerned the event would breach COVID-19 public health orders about large gatherings and social-distancing requirements.

In a last-minute legal bid to stop the protest, arguing that the original planned event, a gathering involving 50 people in Chippendale, had changed substantially to be a 5000-person protest outside Sydney’s Town Hall followed by a procession to Belmore Park.

Justice Desmond Fagan acknowledged he was balancing the recognised right of public assembly against health risks, but ultimately said a rally of even 5,000 people was "a very undesirable idea" given the current health advice.

"The exercise of the fundamental right of assembly … is not taken away by the current public health order, it is deferred," Justice Fagan said.

Before the hearing, organisers declared the rally would go ahead regardless of the outcome of the court case.

Justice Fagan acknowledged the rally's aim was to raise awareness about Indigenous deaths in custody, among other issues.

"There is no doubt that cause is one that is widely supported in the community and with great strength and feeling," he said.

But he said granting a court order to allow the rally would amount to "a defiance of a judgment that has been made by ministers of the government and the public health officials that advise them".

The state's Chief Health Officer, Dr Kerry Chant, was among witnesses to give evidence and told the court while there was a low level of community transmission in NSW, an event that large would increase the risk.

"At this current point in time, even despite high rates of testing, there is a possibility we are missing cases in the community," Dr Chant said.

Modelling on behalf of the commonwealth predicted an "upswing" in cases as COVID-19 restrictions eased, although the modelling did not consider specific events.

Organiser Raul Bassi told the court it would be possible to maintain social distancing within the enormous crowd and would provide masks and hand sanitiser.

Barrister Emmanuel Kerkyasharian, for the organisers, submitted the "safer course" would be to allow the rally with social distancing measures.

"What's going to happen is people are going to turn up and be more tightly packed, increasing the risk of community transmission," he said.

Justice Fagan said he could not accept that preventive measures put in place by event organisers should counter the advice from expert public health officials and  rejected that argument