Pianist Jayson Gillham sues Melbourne Symphony Orchestra over cancelled show

Jayson Gillham claims the cancellation of one of his concerts amounted to discrimination based on political belief or activity.

Australian-British pianist Jayson Gillham is taking legal action against the Melbourne Symphony Orchestra. Picture: Supplied.

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Pro-Gazan pianist Jayson Gillham is suing the Melbourne Symphony Orchestra in the Federal Court, and seeking crowd-funding cash to help cover the action, claiming he is pursuing the right to free speech.

Gillham revealed the move on Thursday, claiming the cancellation of one of his concerts over his outspoken support for Gazan journalists amounted to discrimination based on political belief or activity.

The court action was detailed in the lead-up to the first anniversary of the October 7 Hamas atrocities and on Rosh Hashanah, the Jewish New Year.

The MSO said it was reviewing the court documents and would respond at the appropriate time.

Gillham claims the cancellation violated his human and workplace rights protected by Victoria’s Equal Opportunity Act and the federal Fair Work Act.

Gillham said in a statement he had initiated a crowd-funding campaign to support his legal costs in “this fight for artistic freedom and free speech”.

“I was silenced for speaking the truth – that Israel targets journalists,” Gillham claimed.

“This situation goes beyond just artistic freedom; it strikes at the heart of our right to free speech and the role of art in addressing important social issues.

“The MSO’s extreme reaction to factual statements highlights a disturbing trend of silencing voices that speak to uncomfortable truths.”

He accused the MSO of rejecting reasonable requests to remedy his concerns, claiming dissatisfaction with a letter from its lawyers, Arnold Bloch Leibler.

Gillham is being represented by Michael Bradley of Marque Lawyers and Sheryn Omeri KC.

Ms Omeri is a barrister practising in London and Sydney. In 2023, she was appointed King’s Counsel, the most junior barrister to be appointed King’s Counsel that year.

“This battle is about ensuring artists can perform with integrity and without fear of censorship or reprisal,” Gillham added. “More broadly, it’s about defending everyone’s right to express opinions on important issues without being silenced.”

In August, Gillham performed a solo piano recital at Melbourne’s Iwaki Auditorium, which included a piece dedicated by the composer to Gazan journalists.

Gillham claims he had provided factual context about the deaths of Palestinian journalists, corroborated by what he claimed were reputable sources.

The MSO then removed Gillham from a scheduled performance at the Melbourne Town Hall on the basis his comments were personal political views.

The ensuing row then contributed to the end of MSO boss Sophie Galaise’s reign as managing director.

Former federal Labor minister Peter Garrett has been hired to conduct a review of the events at the MSO.

Ms Galaise ­left the MSO after taking a five-star flying visit to Singapore where supporters and performers dined in luxury and drank cocktails at Raffles.

The MSO board split over Ms Galaise’s decision to leave Australia amid the crisis engulfing the not-for-profit charity, which is heavily funded by ­taxpayers and rich-lister donations, many from the Jewish community.

The bungled handling of Gillham’s support for Palestine exposed deep cracks in the MSO.