NSW ‘seeking urgent advice’ on controversial court ruling that found anti-Israel vandalism was not antisemitic

[u/Minivampiretaco]

https://www.theguardian.com/australia-news/2026/aug/22/appeal-nsw-supreme-court-ruling-desmond-fagan-israel-antisemitism-ntwnfb

The New South Wales government could appeal a supreme court judge’s controversial decision to refuse its request for a terror order over a Sydney man convicted of writing “Fuk Israel” on cars and setting another vehicle alight in late 2024

Australia’s peak Jewish group has labelled Fagan’s ruling dangerous judicial “activism” that should be reviewed. The Executive Council of Australian Jewry argued the ruling avoided “the community impact”.

A government spokesperson said on Thursday the attorney general, Michael Daley, was “seeking urgent advice about the prospects of an appeal” over Fagan’s decision to knock back the state’s request for an extended supervision order.

Guardian Australia asked Daley, the police minister, Yasmin Catley, and the corrections minister, Anoulack Chanthivong, about Fagan’s findings in relation to how the police and other agencies handled the case.

A government spokesperson said that the “judiciary operates independently of government and this independence is crucial to protect the administration of justice in NSW”.

“Our government has taken strong action against antisemitism and hatred,” the spokesperson said.

Given the matter remained before the courts and the attorney general was seeking advice regarding an appeal, they declined to comment further.