Melbourne academic sues over suspension for anti-indigenous email leak

Law professor sues the University of Melbourne, claiming suspension was for political opinion on indigenous issues.

A University of Melbourne law professor is suing Australia’s top-ranked university, alleging he was suspended for expressing political opinions in a leaked internal email. Dr Eric Descheemaeker, who has taught at the Melbourne Law School since 2017, claims the university targeted him because of views expressed in 2023 about Indigenous activism and cultural reform.

The controversy centres around an August 2023 email Descheemaeker sent in response to the university’s announcement of an Indigenous cultural safety review. In the message, he described the initiative as “ideological re-education,” accused the school of “celebrating the noble savage,” and warned that “‘Blak’ activists” were leading the institution to “destruction.” The email resurfaced in June this year when it was posted on noticeboards and circulated on social media around the university’s Parkville campus.

Following the leak, Descheemaeker was suspended from his post. He has now filed a claim in the federal circuit and family court, arguing that the suspension was unlawful discrimination based on political opinion—an attribute protected under section 351 of the Fair Work Act. That section prohibits employers from taking adverse action against employees due to characteristics such as race, sex, religion, or political opinion.

According to court documents, Descheemaeker fears he will be dismissed unless the university is legally restrained. His case also invokes section 340 of the same legislation, which protects workers from punishment for exercising workplace rights or for refraining from doing so.

At a preliminary hearing on Friday, the university agreed not to dismiss or further discipline Descheemaeker until the court rules on his injunction request. The interlocutory application is set to be heard on 9 September.

When asked to explain the suspension, the university declined to comment, citing privacy around employment matters. The Dean of Melbourne Law School, Professor Michelle Foster, had previously issued a statement noting that sensitive correspondence from August 2023 had been publicly posted and that immediate steps were taken to remove it. She acknowledged that some staff and students may have been “offended or upset” by its contents.

Foster reaffirmed her commitment to building a diverse, multicultural and culturally safe environment at the university. She stated that investigations are underway to determine how the email became public.

The case has triggered intense debate on the limits of academic freedom, free speech, and political expression within Australian universities. Descheemaeker’s supporters argue that internal dissent, particularly when raised privately, should be protected under workplace laws. Critics say the content of the email veered into offensive and racially charged territory, crossing a line under the university’s cultural safety policies.

Descheemaeker’s legal team maintains that his email constituted a legitimate expression of political opinion in the context of proposed institutional reforms. They argue that no university employee should face dismissal for questioning policy directions, especially in internal correspondence.

At present, Descheemaeker has not made public comments about the matter, with his lawyer stating last week that he was unable to comment while proceedings are ongoing.

The University of Melbourne has faced growing scrutiny over its handling of the case. Students and faculty remain divided—some demanding stronger protections for marginalised voices on campus, others concerned about what they view as punitive treatment of dissenting academics.

With the court process now under way, the outcome of the lawsuit may set a precedent for how Australian universities address internal political expression—especially when it collides with institutional commitments to equity and inclusion.