The lawsuit by Australian pianist Jayson Gillham against the Melbourne Symphony Orchestra (MSO) for cancelling his concert over remarks he made about the war in Gaza will be heard in May next year over a three week period.
The Federal Court case will hear the Symphony’s “security concerns” for cancelling scheduled concerts after Gillham interrupted his performance at Southbank on Aug. 11 last year to play a short piece called Witness, written by Connor D’Netto and dedicated to journalists killed in the Gaza conflict.
He also told the audience that more than 100 Palestinian journalists had been killed and that targeting them in a conflict was a war crime under international law.
But that was “an intrusion of personal political views on what should have been a morning focused on a programme of works for solo piano,” the orchestra said in an email to ticket holders.
“While the Melbourne Symphony Orchestra maintains that a concert platform is not an appropriate stage for political comment, we acknowledge Jayson’s concerns for those in the Middle East and elsewhere,” the email reads.
However, a few days later, the MSO appeared to back down, admitting it “made an error” cancelling the performance and said it was working with Gillham and his management to reschedule.
But that never happened.
Three months on, Gillham announced on social media that he was “left with no other option but to pursue legal action” after receiving what he claimed was a “hostile” letter from lawyers acting for the MSO, which he said rejected “reasonable requests to remedy the situation.”
In October 2024, the pianist filed a claim under the Fair Work Act.
The case was scheduled to start on Dec. 1, but Chief Justice Debra Mortimer vacated that date and listed it for trial on May 18, 2026.
The judge also allowed Sophie Galaise and Andrew Moore to be served subpoenas via a law firm, as both are now based overseas.
Galaise was formerly the managing director of the MSO but resigned after the orchestra faced internal backlash, including a vote of no confidence from its musicians over the handling of Gillham’s comments, and now lives in Canada.
Moore was the director of programming at the MSO, but left in March 2025 and currently resides in the UK.
Gillham is seeking $93,900 in damages from the MSO, the maximum corporate penalty available under the Fair Work Act. He is also seeking the maximum payable by an individual—$18,780—from Guy Ross, who was the orchestra’s chief financial officer until five months ago.
Gillham initially sued four respondents, including Galaise, but has subsequently withdrawn his actions against all but Ross and the MSO itself.
