news.ninemsn.com.au
A lawyer representing the Finks bikie gang says Queensland's anti-association laws are unconstitutional and will soon be struck down, as were similar laws in NSW and South Australia.
Police are attempting to have the Gold Coast chapter of the club declared a criminal organisation and ban its members from associating.
An application lodged in the Supreme Court in Brisbane in July is the first under the state's Criminal Organisation Act 2009.
But solicitor Bill Potts, who represents the Gold Coast Finks, lodged an application with the High Court Registry in Brisbane on Monday to have the club removed from the legislation.
Mr Potts says the laws are unconstitutional and precedent will guide any decision the court makes.
"Look what's happened. The High Court has, in respect to a similar application in SA and NSW, struck down the laws," he told AAP.
During the Queensland election campaign, Campbell Newman indicted he would not declare motorcycle gangs illegal.
But after a shooting at a packed Gold Coast shopping centre the Newman government's attitude changed, Mr Potts said.
Despite the government's redrafting of the laws, they were "fundamentally flawed", he said.
"We need to be sure all of this legislation is within the grounds of the constitution."
The Finks have about one month to outline the details of the High Court challenge.
