Wertheim v Haddad (No 2)

Case [2025] FCA 820


FEDERAL COURT OF AUSTRALIA

Wertheim v Haddad (No 2) [2025] FCA 820

File number: NSD 1503 of 2024
Judgment of: STEWART J
Date of judgment: 17 July 2025
Catchwords: PRACTICE AND PROCEDURE – where respondents were found to have contravened s 18C of the Racial Discrimination Act 1975 (Cth) – where applicants sought and the Court was satisfied it had the power to order publication of corrective notices pursuant to s 46PO(4)(b) of the Australian Human Rights Commission Act 1986 (Cth) – where parties were invited to make further submissions on the appropriate form and manner in which those notices would be posted on the applicants’ social media – whether those notices should be “pinned” and “featured” on certain social media
Legislation: Racial Discrimination Act 1975 (Cth), Pt IIA
Cases cited: Eatock v Bolt (No 2) [2011] FCA 1180; 284 ALR 114 Wertheim v Haddad [2025] FCA 720
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of hearing: Determined on the papers
Date of last submission: 15 July 2025
Counsel for the Applicants: P S Braham SC, H Ryan and J Chen
Solicitor for the Applicants: Deutsch Miller
Solicitor for the Respondents: I Jabbour of Macquarie Law Group

ORDERS

NSD 1503 of 2024
BETWEEN:

PETER WERTHEIM AM

First Applicant

ROBERT GOOT AO SC

Second Applicant

AND:

WILLIAM HADDAD

First Respondent

AL MADINAH DAWAH CENTRE INC

Second Respondent

ORDER MADE BY:

STEWART J

DATE OF ORDER:

17 JULY 2025

THE COURT ORDERS THAT:

1.Pursuant to s 46PO(4)(b) of the Australian Human Rights Commission Act 1986 (Cth), the second respondent, at its own expense and within 21 days of the date of this order, publish or arrange to be published, for a period of 30 days:

(a)on its Facebook page ( a post consisting of the images “Slide 1.png”, “Slide 2.png” and “Slide 3.png” (in that order), contained in the folder “Instagram & Facebook Post” on Exhibit PK-3 to the affidavit of Poppy Kambas affirmed on 7 July 2025 (Ex PK-3), accompanied by a caption consisting of the text set out in Annexure A to these orders, and cause this post to be designated a “featured” post;

(b)

a post on its Rumble page


( which includes:

(i)the video file “Rumble Post.mp4”, contained in the folder “Rumble Post” on Ex PK-3;

(ii)the thumbnail image “Rumble Thumbnail.jpg” contained in the folder ”Rumble Post” on Ex PK-3;

(iii)the title “CORRECTIVE ORDER: NOTICE BY THE FEDERAL COURT OF AUSTRALIA”; and

(iv)a “description” consisting of the text set out in Annexure A to these orders,

and cause this video to be designated a “featured” video.

2.Pursuant to s 46PO(4)(b) of the Australian Human Rights Commission Act 1986 (Cth), the first respondent, at his own expense and within 21 days of the date of this order, publish:

(a)on his Instagram page ( a period of 30 days, a grid post consisting of the images “Slide 1.png”, “Slide 2.png” and “Slide…

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Details
AGLC
Wertheim v Haddad (No 2) [2025] FCA 820
Case
[2025] FCA 820
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Wertheim v Haddad (No 2) involved a dispute concerning the enforcement of corrective notices under the Australian Human Rights Commission Act 1986 (Cth) against respondents found to have contravened the Racial Discrimination Act 1975 (Cth). The applicants sought the publication of these corrective notices on the respondents' social media platforms, arguing that the Court had the requisite power to order such publication. The specific issue at hand was whether the notices should be prominently displayed on the respondents' social media accounts, such as being "pinned" or "featured."

The Court determined that it indeed possessed the authority to mandate the publication of corrective notices on the respondents' social media platforms. The applicants argued that the notices should be prominently featured on the respondents' social media, and the Court agreed, providing detailed instructions on how the notices should be posted, including the specific platforms, the duration of the posting, and the particular format, such as being "pinned" or "featured." The Court also outlined the precise content and layout of the notices to be posted, ensuring clarity and compliance with the legislative requirements.

In its judgment, the Court granted the applicants' request for specific orders regarding the publication of corrective notices. The second respondent, Al Madina Dawah Centre, was directed to publish the notices on its Facebook and Rumble pages, with particular attention to making the posts "featured." Similarly, the first respondent, William Haddad, was instructed to publish the notices on his Instagram and Soundcloud accounts, ensuring they were "pinned" or "Spotlighted" as appropriate. The Court's orders included detailed specifications for the content, format, and duration of the posts to ensure compliance with the legal requirements.

This ruling underscores the Court's commitment to enforcing anti-discrimination laws and ensuring that corrective notices are effectively disseminated to prevent future unlawful behavior. The detailed nature of the orders reflects the Court's intent to ensure the notices are prominently displayed on the respondents' social media platforms, thereby maximizing their visibility and impact.

Orders

Orders of the court

1. Pursuant to s 46PO(4)(b) of the Australian Human Rights Commission Act 1986 (Cth), the second respondent, at its own expense and within 21 days of the date of this order, publish or arrange to be published, for a period of 30 days:

(a) on its Facebook page (https://www.facebook.com/madinadawahcentre), a post consisting of the images “Slide 1.png”, “Slide 2.png” and “Slide 3.png” (in that order), contained in the folder “Instagram & Facebook Post” on Exhibit PK-3 to the affidavit of Poppy Kambas affirmed on 7 July 2025 (Ex PK-3), accompanied by a caption consisting of the text set out in Annexure A to these orders, and cause this post to be designated a “featured” post;

(b)

a post on its Rumble page

(https://rumble.com/c/ALMADINADAWAHCENTRE) which includes:

(i) the video file “Rumble Post.mp4”, contained in the folder “Rumble Post” on Ex PK-3;

(ii) the thumbnail image “Rumble Thumbnail.jpg” contained in the folder ”Rumble Post” on Ex PK-3;

(iii) the title “CORRECTIVE ORDER: NOTICE BY THE FEDERAL COURT OF AUSTRALIA”; and

(iv) a “description” consisting of the text set out in Annexure A to these orders,

and cause this video to be designated a “featured” video.

2. Pursuant to s 46PO(4)(b) of the Australian Human Rights Commission Act 1986 (Cth), the first respondent, at his own expense and within 21 days of the date of this order, publish:

(a) on his Instagram page (https://www.instagram.com/abu.ousayd/):

(i) for a period of 30 days, a grid post consisting of the images “Slide 1.png”, “Slide 2.png” and “Slide 3.png” (in that order), contained in the folder “Instagram & Facebook Post” on Ex PK-3, accompanied by a caption consisting of the text set out in Annexure A to these orders, which grid post should be “pinned” to the top of his profile; and

(ii) for a period of 24 hours, a Story post “sharing” the grid post referred to in order 2(c)(i) above, which should be saved as a Story Highlight for a period of 30 days;

(b) for a period of 30 days, on his Soundcloud page (https://soundcloud.com/abuousaydofficial), a “track” which contains:

(i) the audio file “Corrective Notice Audio.m4a” contained in the folder “Soundcloud Post” on Ex PK-3,

(ii) as a thumbnail image, the image file “Corrective Notice – Thumbnail.png” contained in the folder “Soundcloud Post” on Ex PK-3; and

(iii) as a caption, the text set out in Annexure A to these orders,

and cause this track to be a “Spotlight” track.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Annexure A

CORRECTIVE NOTICE

PUBLISHED BY ORDER OF THE FEDERAL COURT OF AUSTRALIA

Unlawful behaviour based on racial hatred by William Haddad and Al Madina Dawah Centre Incorporated

Following action by Peter Wertheim AM and Robert Goot AO SC, Jewish members of the Australian community and officeholders in the Executive Council of Australian Jewry, the Federal Court of Australia has declared that William Haddad and Al Madina Dawah Centre Incorporated contravened section 18C of the Racial Discrimination Act 1975 (Cth) by making and publishing three lectures in a series titled “The Jews of Al Medina” which were reasonably likely to offend, insult, humiliate or intimidate Jewish members of the Australian community and which were made and published because of the Jewish race or ethnic origin.

The lectures were made and published on the Al Madina Dawah Centre’s Rumble page in November 2023.

The Federal Court of Australia found that the speeches included numerous statements which, by disparaging the Jewish people as a whole and repeating racist stereotypes about them, contravened the Racial Discrimination Act 1975 (Cth).

The Federal Court of Australia ordered William Haddad and the Al Madina Dawah Centre to remove the offending speeches and not to repeat or continue such unlawful behaviour and to pay the applicants' costs of the proceeding.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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