"Both courts have made a decision we can't proceed," he said before criticising the decisions as "censorship" and "sharia law in action". Cronulla memorial organiser Nick Folkes at court dressed in a mock Islamic outfit. Credit:Jessica Hromas Mr Folkes, who is chairman of the Party for Freedom, faced significant opposition from the NSW Police, the Sutherland Shire Council and the Cronulla community, including two legal injunctions, over his decision to organise the rally on Saturday to commemorate the 10th anniversary of the violent race riots. Despite his defiance, he agreed to a series of orders in the Federal Court on Friday, where he was facing a joint injunction lodged by community leader Jamal Rifi and the Sutherland Shire Council to have the event declared in violation of the Racial Discrimination Act. He agreed to refrain from holding, and speaking at, the proposed rally, and to publish a cancellation notice on the Party for Freedom's website, as well as his personal website and Facebook page by 7pm on Friday.

"I believe it is an unjust request but I will submit to you," he told Mr Rifi's lawyer Craig Leggat, SC. A man confronts police, holding a beer bottle during the Cronulla riots. Credit:Rob Griffith The agreement followed an attempt by Mr Folkes to amend the demands while under oath before the Federal Court's Justice Steven Rares, arguing for his right to hold a halal-free barbecue at the planned location instead. "I am prepared to not hold the memorial service or rally but we are going to hold a barbecue instead. An angry mobduring the Cronulla beach riots on December 11, 2005. Credit:Andrew Meares

"As a citizen and free man of Australia I have a right to go down there and hold a barbecue." Speaking outside court Mr Folkes said the court order prevented him from confirming whether the barbecue would go ahead but said people would turn up despite the cancellation notice. He said the risk of bankruptcy and his aspirations for a political career meant he would not attempt to defy the orders and the rally as planned would be abandoned. "I can't afford to have my property taken from me if I breach the orders. If I am found in contempt of court, I could lose my house," he said. United Patriots Front leader Shermon Burgess, who was also named in the injunction, failed to show up to court, resulting in an ex-parte hearing to have him prevented from speaking at the rally.

The Federal Court orders followed a ruling in the NSW Supreme Court by Justice Christine Adamson, that the rally was prohibited under section 25 of the Summary Offences Act. Justice Adamson's decision was an 11th-hour victory for the NSW Police Commissioner, who sought to have the event shut down amid mounting concerns that a counter rally was being organised. Ian Temby, QC, appearing for the NSW Police Commissioner, told the Supreme Court on Thursday that Mr Folkes could not control the planned rally, which risked sparking fresh violence. "We make clear that we are not basing our case on the views that are held by Mr Folkes and others, and we are not basing our case on the expression of those views," Mr Temby said. "We are basing our case on the rally and its likely consequences."

Mr Folkes conceded that he could not control the actions of the 400-1000 people he expected to attend and at one point told the court he could not prevent people from bringing explosives on the day. "I am not responsible for other people's behaviour," he said. In the Federal Court on Friday, his lawyer James Loxton said his client was "walking into a legal nightmare here [with] possible breaches of state law and possible breaches of federal law." He said the Supreme Court's prohibition meant "if my client does attend he may be arrested, if he attempts to speak he may be arrested." Michael O'Toole, superintendent of the Miranda Local Area command, which takes in the Cronulla region, said police would continue to monitor the Don Lucas Reserve on Saturday.

"There will be a police operation in place. We understand there is considerable interest in the matter on a range of fronts." It is understood that some of Mr Folkes' associates, who were not named in the legal action, still planned to speak at a gathering at the reserve on Saturday. In December 2005, tensions simmered after two volunteer surf lifesavers were assaulted when they responded to complaints that young men of Middle Eastern appearance were insulting girls on the beach in the Sutherland Shire. A week later, thousands rallied in Cronulla and people of Middle Eastern appearance were violently assaulted. Loading

Mr Folkes is due back in the Federal Court in February to contest Mr Rifi's allegations of racial vilification under s18C of the Racial Discrimination Act. With AAP