In 2005 a riot broke out between Muslim and non-Muslim Australians

The right wing group plan to hold a memorial rally on December 12

Sutherland Shire Council also intend to seek an injunction to stop it

summoned to appear on Friday

Nicholas Folkes of Party for Freedom was

Police are seeking an injunction in NSW Supreme Court to block a proposed anti-Islam rally to celebrate the 10th anniversary of the Cronulla riots by Party for Freedom.

And the Sutherland Shire Council will go to the Human Rights Commission on Monday to seek an injunction against the rally planned for Don Lucas Reserve in Cronulla, in Sydney's south, on Saturday December 12.

Shire Mayor Carmelo Pesce told Daily Mail Australia he would not tolerate racism and violence which he believed would be the outcome of the rally going ahead.

'That's not what the Shire is all about... It's just and excuse to come here and use the Shire as a backdrop to push their political views across.

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Chairman of the Party for Freedom Nicholas Folkes arrives at the Supreme Court in Sydney

Chairman of the Party for Freedom Nicholas Folkes (centre) is confronted by Shayne Hunter (left) as he arrives at the Supreme Court in Sydney on Friday

Party for Freedom leader Nicholas Folkes, on behalf of the right wing group, was served a notice to attend court on Friday by officers on Thursday night.

The summons was filed under the Summary Offences Act 1988 (NSW) with respect to conduct in public and other places, according to a post on Mr Folkes website.

Mr Folkes appeared briefly in court and a further date of December 10 was set for him to reappear.

Sutherland Shire Council also served Folkes with papers on Thursday asking his group to refrain from the rally.

Cr Pesce said Folkes responded to the council on Friday afternoon.

'In a nice way [Folkes said] get lost, we're coming down.'

A post from October asking for support to help fund the Cronulla Riots Memorial

Mr Folkes also hit out against the council in a post on his website saying it was the 'council's sorry attempt at trying to portray Islam as a race or ethnicity is flawed'.

'Sutherland Shire Council demands that Party for Freedom agrees not to hold a public assembly at Don Lucas Reserve, Cronulla,' he wrote.

'The Council also demands that any online and social media material regarding the Cronulla memorial be removed within 48 hours.

'In summary, the Council has basically said the years of intimidation and harassment perpetrated by Muslim gangs did not happen.

'Over the past five weeks, Party for Freedom have engaged with NSW Police and Sutherland Council and amended our plans to seek agreement and closure but still both parties refuse to accommodate our democratic right to hold a free assembly'.

Police are seeking an injunction in NSW Supreme Court to block a proposed rally to celebrate the 10th anniversary of the Cronulla riots (pictured) by Party for Freedom

Tensions boil over at Cronulla on December 11, 2005 after 'Anglo' Australians and Muslim Australians clashed at the beach in Sydney's southern suburbs in alcohol-fuelled riots following a violent attack on a lifesaver

Cr Pesce said he had no issue with freedom of speech.

'What I'm concerned about is is it really freedom of speech or is it hate speech?

'I believe, in my personal opinion, it is hate speech.'

The group claimed they would fight both injunctions in order to hold the memorial.

Cr Pesce said if the injunctions failed he was confident police would contain the situation.

The 'memorial rally' at Cronulla Beach in southern Sydney is ten years after a spate of violence erupted between Muslim and non-Muslim Australians.

The riots were the result of boiling community tensions, which were ramped up when a group of surf lifesavers were attacked by a group of young Middle Eastern men on December 4.

On the morning of December 11, about 5000 people gathered on Cronulla Beach to protest against the violent attacks.

Cr Pesce said businesses in the Shire had 'suffered quite dramatically' after the riots, which gave the area a bad reputation.

On the morning of December 11, 2005, a crowd gathered on Cronulla Beach to protest against Muslim attacks

A file photo showing youths jumping the fence at Cronulla railway station in pursuit of non-locals in Sydney during the Cronulla riots in 2005