Far-right activist Nicholas Folkes will find out on Friday morning whether he will be allowed to push ahead with plans for a Cronulla riot "memorial" this weekend.
The NSW Police commissioner has launched an 11th-hour legal bid to prevent Mr Folkes and his Party for Freedom from holding a rally on Saturday near Wanda Beach, just north of the Cronulla CBD in Sydney, citing safety concerns.
Friday marks the 10th anniversary of the clashes that made headlines around the world and sparked waves of violence across Sydney's southern beaches in 2005.
"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 told a hearing.
"We are basing our case on the rally and its likely consequences."
Mr Temby described the tensions that erupted at Cronulla beach and its surrounds 10 years ago as violence "between people of different persuasions", and said the commissioner fears the proposed rally will give rise to fresh violence.
But Mr Folkes told reporters outside court he and his associates had tried to do the right thing by authorities.
"We've compromised every step of the way," he said outside court.
Asked whether violence was inevitable, he said: "Well, I don't have a crystal ball."
He has indicated that he and others are likely to descend on Cronulla this weekend even if they are denied formal permission for their rally, and the Party for Freedom took to Facebook on Thursday afternoon urging "patriots" to turn out in force and "defend freedom of speech".
Either way, the most senior local police officer hopes calm heads prevail.
Superintendent Michael O'Toole, who heads up Miranda Local Area Command, says police have plans in place to address any violent flare-ups.
"We're satisfied that people should just go about their business in Cronulla, and not breathe life into the situation," he told reporters outside court.
Justice Christine Adamson will hand down her decision at 9.30am on Friday.
