Dyson Heydon: High Court judge harassment scandal was industry’s ‘dirtiest secret’
The sexual harassment scandal that has engulfed former High Court judge Dyson Heydon has been described as the industry’s “dirtiest secret” with three women to seek civil claims against him and the Commonwealth.
NSW
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The sexual harassment scandal that has engulfed former High Court judge Dyson Heydon has been described as the legal profession’s “dirtiest secret” as senior female lawyers revealed a culture of fear surrounded speaking out.
Three of the six female associates including Rachael Collins and Chelsea Tabart who an inquiry found were sexually harassed by the ex-judge will pursue civil claims against him and the Commonwealth for harm caused by his behaviour, their lawyer Josh Bornstein said.
It has been described as a “wake up call” to the broader legal profession amid reports of widespread sexual harassment and bullying and raises questions about judicial misconduct and the selection of judges.
Prime Minister Scott Morrison said the sexual harassment allegations were “very disturbing and very concerning”.
Mr Morrison said there would be a formal investigation into whether Mr Heydon‘s Companion of the Order of Australia should be revoked if the “incredibly serious” allegations are upheld.
Maurice Blackburn principal Mr Bornstein said his clients were the “best and brightest” in Australia’s legal profession when they were preyed upon by Mr Heydon.
Though they feel “enormous relief” that the independent inquiry ordered by the High Court upheld their complaints, they still mourn the careers they abandoned as a result of Mr Heydon’s actions, said Mr Bornstein.
“I can attest to the fear many have experienced of Dyson Heydon’s power,” he said.
“He is obviously one of the most powerful people in the legal profession. He reached the pinnacle … it doesn’t get any higher in the hierarchy of the legal profession than to become a High Court judge.
“That has unfortunately led to a situation where his conduct was the legal profession’s dirtiest secret in this country.
“That secret is now more.”
He said that Mr Heydon’s sexual harassment was an open secret in legal circles but that complaints to senior court figures went unaddressed.
More than 70 per cent of female lawyers in NSW have reported being sexually harassed including three by judges, others by barristers and the partners of law firms with some of the harassment happening even in the courtroom, a survey by the Women Lawyers Association of NSW found.
“There is a culture of fear in the legal profession about reporting this,” barrister Larissa Andelman, president of the state’s Women Lawyers Association, said.
She said there was a massive imbalance of power between younger female lawyers and the senior members of the profession.
She said some of Mr Heydon’s reported conduct which included “groping” a prominent lawyer under the table at a Canberra function at which he gave the keynote speech and inappropriately touching his young female associates could potentially amount to criminal conduct.
The High Court said the investigation into Mr Heydon’s conduct involving six young female associates did not recommend reporting him to the police. An Australian Federal Police spokesman said: “For privacy reasons, ACT Policing does not comment on whether an individual is under investigation.”
“It’s going to be a wakeup call to many in our profession,” Law Council of Australia president Pauline Wright said.
“All available statistics, as well as anecdotal evidence, suggest that sexual harassment within the Australian legal profession is a prevalent and persistent problem.”
Mr Bornstein said that if negotiations for civil claims against the High Court and Mr Heydon were not successful, the matter would be referred to the Australian Human Rights Commission.
Opposition frontbencher Bill Shorten also wants Mr Heydon to pay back the salary he earned from the royal commission into trade unions.
Mr Heydon has reportedly denied the claims through his lawyers from the firm Speed and Stracey. They did not return calls for a comment on Tuesday.
