The federal court trial between Australian composer Jayson Gillham and the Melbourne Symphony Orchestra has commenced in Melbourne before Justice Graeme Hill.

Gillham is suing the MSO over the cancellation of a concert he was contracted to perform on 15 August 2024, alleging the orchestra unlawfully discriminated against him because of his views on Israel’s military campaign in Gaza.

In May 2025, the Federal Court rejected an attempt by the MSO to have Gillham’s lawsuit thrown out, arguing that the pianist’s claim had no reasonable prospect of success under federal workplace laws. The application was rejected by Chief Justice Debra Mortimer, clearing the way for a trial over whether Gillham was unlawfully dismissed for making political comments on stage.

Jayson Gillham. Photo © Rémi Chauvin

The dispute arose after a performance four days earlier at Southbank’s Iwaki Auditorium, where Gillham played Witness, a short work by Australian composer Connor D’Netto dedicated to Palestinian journalists killed by Israeli forces.

Opening the 15-day hearing in the Federal Court on Monday, Justice Hill acknowledged the matter had generated significant public interest but stressed the court’s role was limited to determining the legal issues before it and that he would not permit the case to become a “roving inquiry” into the conduct of the Gaza war.

In an open letter circulated last week, MSO Chair Edgar Myer and CEO Richard Wigley reiterated the MSO’s case: “A fundamental issue in dispute in the proceeding is who controls the MSO’s stage. The MSO maintains that Mr Gillham should have sought the authorisation of the MSO before making the statements he made from its stage.”

The trial is being livestreamed via the Federal Court of Australia. Watch it here.