Dyson Heydon: Three women to sue former High Court judge over sexual harassment

Three of the women who accused former High Court judge Dyson Heydon of sexual harassment are suing him and the Commonwealth for damages.

Three of the female lawyers who accused former High Court judge Dyson Heydon of sexual harassment will pursue financial compensation from the retired judge personally and the Commonwealth.

The law firm acting for the women, Maurice Blackburn, has today outlined next steps for a legal battle against the retired judge, who has publicly denied that he engaged in predatory behaviour.

Maurice Blackburn’s Josh Bornstein said he had also been advised to take the matter to the Human Rights Commission if Mr Heydon declines to enter into mediation.

“And I can advise that our clients will be pursuing compensation, both from the Commonwealth and from Dyson Heydon,’’ Mr Bornstein said.

“And pleasingly, the Commonwealth, through discussions I’ve had with their lawyers, have indicated that they are willing to entertain negotiations in respect of claims for compensation in meetings which are to be scheduled in the next few weeks.

“So consistent with the High Court’s exemplary approach to this situation, the Commonwealth is indicating that it is willing to commence the process of negotiating about a possible resolution of claims for compensation shortly.

“At the same time, I’m instructed to pursue compensation against Dyson Heydon, and we will be writing to Dyson Heydon’s lawyers shortly, and inviting Mr Heydon and his lawyers to also engage with us in discussions about compensation.”

RELATED: ‘Disturbing’: PM on High Court sex scandal

Former High Court judge Dyson Heydon. Picture: AAP Image/Joel Carrett

One of the nation’s most respected legal minds, Mr Heydon was found to have sexually harassed six young female associates according to an independent inquiry commissioned by the High Court.

But Mr Heydon, 77, maintains that any conduct that caused offence was “inadvertent and unintended”.

High Court associates jobs are highly prized and generally awarded to young legal graduates with an impressive academic record.

“In respect of the confidential inquiry and its subsequent confidential report, any allegation of predatory behaviour or breaches of the law is categorically denied by our client,” the statement from Mr Heydon, via his law firm Speed and Stracey, said.

“Our client says that if any conduct of his has caused offence, that result was inadvertent and unintended, and he apologises for any offence caused.

“We have asked the High Court to convey that directly to the associate complainants.”

The legal path ahead could be fraught however, given that amount of time that has elapsed between when the alleged events occurred almost a decade ago and the claim being lodged.

If Mr Heydon does not agree to enter voluntarily into mediation with the women, Mr Bornstein said he was instructed to lodge proceedings with the Australian Human Rights Commission.

“One of difficulties with the law about sexual harassment in Australia at the moment is that all federal complaints are required to proceed through the Human Rights Commission, and the Human Rights Commission has a discretion about whether or not to accept a complaint that is more than six months old,’’ he said.

“I’ve previously spoken about the reason that these matters weren’t aired or haven’t been pursued to this point, and that is a visceral fear of Dyson Heydon’s power. In a number of cases, the effect of that experience led to decisions to abandon pursuing a career in law, and profound disillusionment with the law.”

Mr Bornstein rejected claims that Mr Heydon had not been afforded due process.

“There’s been suggestions that Dyson Heydon wasn’t afforded a proper process. I want to make my rejection of that suggestion very plain. The process of the investigation, I remind everybody, was an investigation commissioned by the High Court,’’ he said.

“The highest court in the land where the finest legal minds in our country happen to reside and to work each day. Each person with relevant information was given an opportunity to participate in that process and submit themselves to questioning and examination about the veracity of their accounts.”

Chelsea Tabart was an associate of Dyson Heydon in 2012. Picture: Supplied

Earlier today, Prime Minister Scott Morrison confirmed there will be a review into former High Court judge Dyson Heydon’s Companion of the Order of Australia, and that it could be revoked over “incredibly serious” and “disturbing” sexual harassment findings.

The High Court said in a statement on Monday afternoon that it was “ashamed” by the findings.

Mr Heydon was awarded the highest recognition in the Australian honours system in 2004, but asked whether he should hang on to the honour today, Mr Morrison said that was under review.

“Where those allegations have been upheld, there’s a normal process for honours to be dealt with at that time,” the Prime Minister said this morning.

“It’s not appropriate to presuppose those processes. That’s not the way these things should be handled.

“They’re very serious allegations. They’re very concerning. And very disturbing. And on that basis, I would expect those processes to do their job.”

Labor is calling for Mr Heydon to be stripped of his honour after an independent inquiry found he sexually harassed six women.

Opposition frontbencher Bill Shorten also wants Mr Heydon to pay back the salary he earned from the royal commission into trade unions.

“Why does he get to keep his AC, and if the matter goes to court or there is further investigation, why does he get to keep all his taxpayer earnings from the royal commission?” Mr Shorten said on Nine this morning.

“This is a time to strip him of all his recognition and get him sorted out.”

Addressing the findings against Mr Heydon yesterday, Chief Justice Susan Kiefel said the High Court was “ashamed that this could have happened at the High Court of Australia”, and had spoken to the six women involved to offer an apology.

“We have made a sincere apology to the six women whose complaints were borne out. We know it would have been difficult to come forward,” the Chief Justice said.

“Their accounts of their experiences at the time have been believed. I have appreciated the opportunity to talk with a number of the women about their experiences and to apologise to them in person. I have also valued their insights and suggestions for change that they have shared with the Court.”

Mr Heydon served on the High Court for a decade and was also appointed by Tony Abbott to lead The Royal Commission into Trade Union Governance and Corruption (TURC).

The appointment followed his retirement from the High Court in 2013.

The Sydney Morning Herald reported that two former female associates – Chelsea Tabart who worked for the High Court in 2012 and Rachael Patterson Collins who worked for his office in 2005 were among the group of six women who complained.

Ms Tabart told the newspaper that at the time she did not believe she would be safe from “powerful men like Mr Heydon even if I reported them”.