Court rejects bid to halt discrimination cases
The Federal Court says key questions about the impact of the statements must be tested at trial.
A Federal Court judge has refused to throw out racial discrimination lawsuits against the University of Sydney and two lecturers, ruling that key questions about how Jewish and Israeli Australians interpret criticism of Zionism must be decided at trial.
In twin judgments delivered last Friday, Justice Geoffrey Kennett dealt significant blows to attempts to shut down the cases early, while also imposing limits on how the applicants can argue their claims.
The cases involve Dr Joseph Toltz, Professor Suzanne Rutland, Ariel Eisner, Yaniv Levy and Andy Smidt, who claim statements by Dr Nick Riemer and Professor John Keane breached section 18C of the Racial Discrimination Act after the October 7, 2023, Hamas attacks.
In the Riemer case, Justice Kennett rejected the university’s application for summary dismissal, finding that without hearing evidence, the court cannot determine how “an ordinary reasonable reader who is a Jewish person in Australia” would interpret Riemer’s statements about Zionists.
The lawsuit targets numerous statements between October 2023 and May 2024, including social media posts endorsing a “global intifada” and describing Zionists as “racists” and “genocide-enablers”.
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