Two lawsuits have been brought against University of Sydney professor John Keane and senior lecturer Nick Riemer over a series of posts on X, formerly known as Twitter.
Jewish academics and students have accused the pair of discriminating against Jewish people through social media posts between late 2023 and mid-2024 about the conflict in Gaza.
Dr Riemer and Prof Keane maintain the posts are not anti-Semitic because they were criticising Israel and Zionism. They have not yet filed a defence.
At a preliminary hearing, Justice Geoffrey Kennett raised concerns that proposed amendments to the statements of claim could lead to a wider inquiry if they weren't precise.
"I have a fear of the case becoming another royal commission into anti-Semitism," he told the Federal Court on Tuesday.
Barrister Jessie Taylor, for Dr Riemer and Prof Keane, shared his concern and argued that the suggested changes were a "vast expansion" of the complaints.
She pointed to a statement about the Jewish experience in Australia, noting it was unnecessary and difficult to prove that a group of people collectively hold the same view.
Statements about Palestinian intifadas that were previously struck out were sought to be included under the umbrella of Australian Jewish beliefs, Ms Taylor said.
Laughter and scoffing erupted throughout the packed courtroom when she argued the word "intifada" has multiple meanings.
"There is a lot of baggage around the term which is why it's so important to keep the pleadings tight," Ms Taylor said.
But Adam Butt, the barrister for the Jewish academics and students, argued that it only matters what the term meant to Jewish Australians as the alleged victims.
"The other side of this history is entirely irrelevant," he said.
Mr Butt rejected the suggestion he was trying to present a monolithic Jewish view, saying the amendments were relevant to state of mind and context in relation to the offensiveness of the posts.
An unambiguous test can be applied to determine whether a majority of Jewish Australians would be offended or insulted by the posts, he said.
Dr Riemer and Prof Keane continue to offend Australian Jewish people because they haven't taken down the social media posts, Mr Butt claimed in the amended statements.
But Ms Taylor urged the judge to reject the changes, which she said would shift the nature of the allegations against the academics from single acts of racial discrimination to ongoing conduct.
Prof Keane is being sued over two posts, including one featuring five flags of the designated terrorist organisation Hamas posted on the day after it killed 1200 people in Israel.
The suit against Dr Riemer covers a wider range of posts, one of which called on students to attend a meeting in November 2023 about a "global intifada" or uprising by Palestinians.
Justice Kennett will hand down his decision about the amended statements of claim at a later date.
