The University of Sydney may face a class action for a breach of duty of care to protect its students against anti-semitism, among other claims.
Barrister Adam Butt is working with law firm Levitt Robinson in developing a representative action against the University of Sydney to be filed in the federal court, alleging racial vilification as a breach of the Racial Discrimination Act (sections 9 and 18c), a breach of duty of care, breaches of contract between academics and students and Work, Health and Safety (WHS) law contraventions.
This legal team is currently seeking academics and students to join the action.
Section 9 of the Racial Discrimination Act outlaws “any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life.”
The hotly-contested provision of 18c outlaws a reasonably likely offensive public act that is done “because of the race, colour or national or ethnic origin of the other person”.
In a document seeking interested students and academics, Levitt Robinson claims, “the sustained and toxic nature of the attacks on Jews at Sydney University have had a grave effect on the psyche of students and academics alike”.
The document also labels Hamas as “Islamist terrorists” and criticises encampment organisers for “barely [raising] a ripple” when the Voice to Parliament was rejected.
The Gaza solidarity encampment has consistently denied accusations of antisemitism and multiple Jewish students and activists have been apart of the demonstrations since they began months ago.
Butt won a class action in 2023 against Brighton Secondary College in Melbourne for the principal’s failure to address antisemitic bullying directed toward the claimants. In this case, the antisemitic bullying adduced as evidence included students being sent videos of Adolf Hitler and one being told their father, “must be burnt because he is a Jew”.
A University of Sydney spokesperson said the university would “consider [its] response”, adding, “We never tolerate any form of racism, hate speech, threatening speech or unlawful harassment, including anti-Semitic or Islamophobic language or behaviour”.
The SRC President was contacted for comment.