Young’s List barrister Justin Castelan has secured an important and landmark decision in VCAT’s Human Rights List.
In Vorchheimer v Tayeh [2026] VCAT 134 (Vice President Judge Tran), the Tribunal found that the respondent’s initiation of the chant “All Zionists are terrorists” at a Melbourne rally contravened ss 7 and 8 of the Racial and Religious Tolerance Act 2001 (Vic).
The Tribunal held that, in the context of the rally, the chant was likely to incite hatred against Jewish people on the ground of race or religious belief or activity. It rejected arguments that the conduct was directed solely at a political ideology and found that the statutory defence under s 11 was not established. The proceeding now moves to directions regarding potential remedies under s 23C of the Act.
A significant and carefully reasoned decision in a complex and sensitive area of racial and religious vilification law, you can read the full judgment below:
VCAT Decision – AustLII
Justin Castelan appeared for the applicant, Menachem Vorchheimer.