Two of some 40 people fined have launched a NSW Supreme Court challenge the fines and orders that were later amended to allow people to gather for such purposes.
"Unfortunately too late for my clients," Shane Prince SC said in his opening address on Thursday.
Mr Prince represents Chad Stratton who was fined in Sydney's Domain during a Black Lives Matter protest on July 28, 2020.
He also represents Ruby Pandolfi who was arrested on October 10, 2020 during a protest against One Nation MP Mark Latham's controversial Education Legislation Amendment Parental Rights Bill, "widely referred to as the Trans Erasure Bill".
Mr Prince said the list of exceptions in these particular health orders "tell you a lot about what the government priorities were in exercising these powers," and pointed to large sporting events still being held.
Professor Catherine Bennett, chair of epidemiology at Deakin University in Victoria agreed under cross-examination by Michael Sexton SC, that organised events included registration for contact-tracing purposes.
But Prof Bennett said an outdoor transmission had not been recorded before 2021, and the fact people were sitting for longer periods of time in one spot meant the risk of infection was potentially higher.
Outside court protest organiser Paddy Gibson, who was also fined during the Black Lives Matter rally, said the laws were draconian and targeted at protesters raising critical issues such as deaths in custody of First Nations peoples.
"It was part of a global movement that was really blowing up around the world," he told reporters.
"Aboriginal people here in Australia and their supporters wanted to join in with those protests and highlight the critical issues we face here in Australia.
"And we were met with police ... despite all our efforts to make the protest COVID-safe, despite all our efforts to actually work with health experts."
Joshua Lees from Newtown said he attended a protest at Sydney University along with about 30 people, all masked, when police gave the orders to disperse.
"It was as we were leaving that the police came and grabbed a couple of us and fined us for the protest," he told AAP.
"This wasn't about COVID. This is an excuse to clamp down and intimidate and beef up their own repressive powers against protesters."
The hearing continues and is expected to last two days.
