The Attorney General has announced in a Budget Estimates hearing that the Minns Labor Government will not appeal the Supreme Court judgement that rejected the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, after advice from the Crown Solicitor and Senior Counsel revealed no prospects of success.
The definition has been criticised by the Jewish Council of Australia and other peak bodies for conflating anti-Zionism and criticism of the Israeli Government with antisemitism. In State of New South Wales v Farhat [2026] NSWSC 98 5, His Honour Justice Fagan rejected the definition as "so verbose and imprecise that it could not realistically be attributed to the ordinary, reasonably informed member of the Australian public."
Greens MP and spokesperson for justice and solicitor Sue Higginson said: "The IHRA definition of antisemitism is an imprecise and wide-ranging definition which has no place in prosecutions and the justice system of New South Wales,
"Justice Fagan has rightly decried the IHRA definition as incomprehensible to the ordinary and reasonable member of the Australian public. It was bewildering to see the Minns Labor Government signalling they would appeal this decision,
"The Government's own legal experts have clearly seen the writing on the wall and told the Attorney General that any appeal of this decision would fail,
"Across the NSW Government, the public service, and many other private institutions, this definition remains in force despite this clear guidance of the Supreme Court. Jillian Segal is attempting to expand the application of this definition, but I think this judgement should pour cold water over that proposition,
"I remain concerned at the circumstances which gave rise to this decision, which was an attempt to pursue an extremely troubled young Lebanese-Australian man through the judicial system and to keep him locked up despite a statutory parole order from the Courts. That parole order required the defendant to obtain mental health and drug and alcohol support,
"A person living with financial troubles, substance abuse issues and intellectual disabilities is being mischaracterised by the State as antisemitic when in fact the Supreme Court has found that curses against Israel do not constitute antisemitism,
"I understand the Law Enforcement Conduct Commission is overseeing a police investigation into the circumstances surrounding this young man's prosecution, and I await the outcome of that investigation with great interest," Ms Higginson said.
