The Supreme Court of NSW has ruled against a Black Lives Matter protest planned for next week in Sydney, declaring it to be a prohibited public assembly.

The court’s order does not ban the rally outright, but it exposes those who might attend to potential criminal sanctions for breaking public health orders or blocking traffic.

Fairfax Media reports that Barrister Felicity Graham, who represents protest organisers, has said that an appeal will be lodged as early as this afternoon.

Graham said that organisers will also talk to police about moving the Black Lives Matter rally to another venue, although police have previously indicated they are against this.

The rally was originally planned to take place this Tuesday, and was organised by the family of David Dungay jnr, a Dunghutti man who died in police custody in 2015.

500 people had planned to walk from Sydney’s Town Hall to Parliament House to present a petition calling for the arrest of prison guards who restrained Dungay.

Standing outside the court, Dungay’s nephew Paul Silva said he plans to March regardless, telling reporters:

“At the end of the day this is our land, and we should be free to walk on our land. Aboriginal people own this land and have owned this land for so many years before it was taken away from us. We should have the right to peacefully protest to demand justice.”

Image: Getty Images / James D Morgan