The Melbourne Symphony Orchestra has hit a false note in its bid to bring down the curtain on legal action from an acclaimed pianist.
Australian-British pianist Jayson Gillham is suing the orchestra after his contract was allegedly terminated following a performance at an MSO event on August 11.
Before the recital, Gillham performed a solo piece called Witness dedicated to journalists killed in Gaza.
"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," he said.
"In addition to the role of journalists who bear witness, the word Witness in Arabic is Shaheed, which also means Martyr."
The orchestra allegedly agreed to allow him to perform the solo but objected to the introductory remarks and terminated his contract before another scheduled performance on August 15, sparking backlash from its musicians.
It later cancelled the entire event over safety concerns, conceded pulling Gillham was an error and ordered a review into its governance.
The acclaimed pianist launched legal action, accusing the orchestra of violating the Fair Work Act and workplace discrimination under the Equal Opportunity Act.
Mediation was ordered in November but the orchestra and chief operating officer Guy Ross pushed for summary dismissal, arguing the case had no reasonable prospects of success.
Chief Justice Debra Mortimer shot down their bid on Thursday, ordering the matter continue towards trial.
"The court will not permit this proceeding to turn into any interlocutory war of attrition," she said.
"From this point onwards the proceeding will be closely and actively case managed by the court."
Intergenerational conflicts in the Middle East region involving Palestinians and Israelis escalated on October 7, 2023.
Hamas, designated a terrorist organisation by the Australian government, launched an assault that killed 1200 people with more than 200 taken hostage, according to Israeli authorities.
Israel responded with a bombing campaign and ground offensive in Gaza that has killed more than 52,000 Palestinians, according to unconfirmed data from the United Nations provided by the local ministry of health.
The independent Committee to Protect Journalists estimates at least 176 journalists and media workers are among the dead.
