On 7 May 2026, the NSW Civil and Administrative Tribunal dismissed an application by Fairfax Media Publications and journalist Kate McClymont to end Hussein Faraj’s racial and religious vilification complaint without a full hearing. The complaint concerns a Sydney Morning Herald article first published on 12 April 2025.
What NCAT decided
The respondents argued that the complaint could not disclose a contravention of the Anti-Discrimination Act 1977 (NSW), or was misconceived or lacking in substance. Senior Member D Ziegler held that the issues required evaluation of the article as a whole, including its tone and framing, and were not appropriate to resolve at the summary dismissal stage. The Tribunal dismissed the respondents’ application and listed the proceeding for directions on 26 May 2026.
What remains unresolved
The Tribunal expressly did not make a substantive finding that the article had the capacity to incite hatred, serious contempt or severe ridicule on the ground of race or religion. It held only that the complaint was not so clearly untenable that it should be dismissed before a full hearing. A later merits decision, if any, must be reported separately.