Musk had argued that by blocking the video to all Australians – including those using networks that hid their location – the watchdog was in effect seeking a global ban outside its jurisdiction.

Justice Geoffrey Kennett on Monday rejected the regulator’s bid to extend the injunction until a full trial could be held.

“The orders of the court will be that the application to extend … is refused,” he said. A full statement on the reasons for his judgment will be released in the coming days.

The decision does not represent a final legal win for X in the case. A case management hearing on Wednesday will decide on a date for the full trial, probably next month, at which the merits of the take-down order will be tested.

But senior legal sources involved in the case, who were not authorised to speak publicly, said Monday’s interim decision was an important win for X that proved the legitimacy of its case.


“Not trying to win anything. I just don’t think we should be suppressing Australian’s [sic] rights to free speech,” Musk posted on X in response to a news article on the court ruling.

The injunction had forced X to hide about 65 posts that included videos of the Wakeley church stabbing.

Authorities suspect the alleged attacker was motivated by religious extremism, and police and eSafety have raised concerns the video could be used to radicalise people online.

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