In August 2024, Gillham performed a new work by Connor D'Netto in recital at the Owaki Auditorium, booked by the
Melbourne Symphony Orchestra (MSO). As often, he spoke prior to performing the piece (as he had done before the interval when referencing composer
György Ligeti's family plight during the
Holocaust), which he dedicated to
Palestinian journalists killed by Israel in Gaza. In the speech Gillham said: Over the last 10 months, Israel has killed more than 100 Palestinian journalists. A number of these have been targeted assassinations of prominent journalists as they were traveling in marked press vehicles or wearing their press jackets. The killing of journalists is a war crime in international law, and it is done in an effort to prevent the documentation and broadcasting of war crimes to the world. In addition to the role of journalists who bear witness, the word 'witness' in Arabic is 'shaheed,' which also means 'martyr'. The MSO management then cancelled a later scheduled performance with Gillham and the MSO. After intense backlash from the musician community, the Orchestra later claimed it had committed an "error" by cancelling Gillham's concert and stated it was working to reschedule it. Musicians at the MSO then expressed a vote of no confidence in the orchestra's managing director. In September, responding to a letter from Gillham's lawyers suggesting a way for MSO to resolve the matter and thus dispense with further legal action, MSO's lawyers revived their initial position by stating their view that his remarks were an abuse of his appointed function. On 3 October 2024 Gillham sued the MSO, alleging that he was discriminated against based on political belief or activity, contrary to the Equal Opportunity Act 2010 (Victoria) and the Fair Work Act 2009 (Commonwealth). He said he had been "silenced for speaking the truth", and that the cancellation of his performance over his political views "strikes at the heart of our right to free speech."
Case to Trial In May 2025 the Federal Court rejected an action by the MSO and its chief operating officer, Guy Ross, to have Gillham's case dismissed without trial, arguing that Gillham's claim had no prospect of success under federal workplace laws. The case will now go to trial on 1 December 2025.
Trial Postponed The Federal Court of Australia announced on 12 November 2025 a postponement of the Gillham vs MSO trial until 2026. The proceedings are now expected to run from one to three weeks after the orchestra announced plans to call at least 20 witnesses, including senior board members, executives and advisors.
Trial Scheduled The Federal Court of Australia announced the scheduling of Gillham vs MSO trial, commencing 18 May 2026. == The Visitation and other performances ==