Speaking outside court, Mr Folkes, who does not live in Cronulla, defended the rally as "peacefully assembly" and said he was "more than happy to go to court" over it. Nick Folkes leaves court dressed in mock Islamic outfit after appealing against a Federal Court injunction to stop the commemorations of the 2005 Cronulla race riots. Credit:Jessica Hromas "I live in the inner west. There's protests there all the time. Haven't we got a right to hold a free assembly?" he told journalists. As part of the commemorative service, Mr Folkes' party encouraged attendees to buy official memorial merchandise, including a T-shirt with the slogan "Sydney is fun. Cronulla, a riot" and commemorative glass platters. Mr Rifi and Sutherland Shire Council lodged a joint application for the Federal Court injunction on Monday, seeking to shut down the rally on the grounds it contravened s18C of the Racial Discrimination Act.

If successful, the injunction will prevent Mr Folkes and former United Patriots Front leader Shermon Burgess from holding, attending, or speaking at, the rally. Mr Rifi's lawyer Craig Leggatt, SC, told the court his case was based upon material taken from Mr Burgess' website as well as two video clips of his band's songs. With both parties due to return to court on Friday to hear the outcome of the injunction, Justice Steven Rares limited Mr Rifi's lawyers from submitting any further evidence beyond two additional A4 pages from Mr Burgess' website. "I think you've had a fair go at putting your case together. I'm not persuaded I should allow you to rely upon any further material," Justice Rares said. Mr Folkes, who was self-represented, said he had "made controversial remarks about Islam" and told the Federal Court: "I do believe I can factually back them up."

But he argued he had not had time to prepare his case as he was already fighting a separate injunction lodged by the NSW Commissioner of Police in the NSW Supreme Court, which required him to return to court on Thursday. The "spirit of natural" law meant he should be granted an extension, he said. Justice Rares briefly adjourned the proceedings so Mr Leggatt could discuss the possibility of joining his client's injunction with that lodged by the NSW Police Commissioner. "Mr Folkes can't be expected to be in two places at once," Justice Rares said, noting he was due to return to the Supreme Court on Thursday to fight the separate injunction. But Mr Leggatt argued for the two hearings to remain separate due to the fact they were grounded in two separate statutes. The commissioner's injunction was sought through NSW law while the Racial Discrimination Act was Commonwealth legislation.

Though he agreed to the request, Justice Rares said he failed to see why they could not be treated as "part of the one matter." "I think there is a consistency with the Racial Discrimination Act. "The lawfulness from the commissioner's point of view is obviously impacted by the lawfulness of this country. "It seems to be an overlap of the court system for a Supreme Court judge to be taken up with the same substantive issue as a Federal Court judge the next day." Justice Rares set down the hearing for Friday, one day before the rally is due to take place.

Outside court, Mr Folkes vowed the rally would go ahead regardless of the outcome of both injunctions. "We are still going to continue. Absolutely."