Federal Court Upholds Melbourne Symphony Orchestra’s Cancellation of Pianist’s Concert

Federal court Justice Graeme Hill ruled against pianist Jayson Gillham on Friday in his discrimination case against the Melbourne Symphony Orchestra. Gillham alleged the orchestra cancelled a concert he was contracted to perform on 15 August 2024 because of his public comments on Israeli forces killing Palestinian journalists. He had launched the action almost two years earlier.

The dispute began on 11 August 2024 when Gillham performed a short piece titled Witness and told the audience that more than 100 Palestinian journalists had been killed and that targeting journalists in conflict constituted a war crime under international law.

The orchestra cancelled the 15 August concert in an email to patrons, stating Gillham had made personal remarks without seeking approval and that it does not condone the use of its stage as a platform for expressing personal views. The email added that the remarks had caused distress.

Gillham’s barrister, Sheryn Omeri KC, argued that nothing in the contract prevented the statement. Justin Bourke KC, for the orchestra, said Gillham was not permitted to share personal views on the most hotly contested controversial issue around the world. Gillham claimed the cancellation was an attempt to silence him over his stance on Israel’s attacks in Gaza.