Dyson Heydon: ACTU application over Sir Garfield Barwick emails

The ACTU has until Thursday to formally request the Royal Commissioner’s removal, but it won’t say if it will do so.

Dyson Heydon is the commissioner for the Royal Commission into Trade Union Governance and Corruption.

The ACTU has until 2pm on Thursday to present a written submission as to why Royal Commissioner Dyson Heydon should recuse himself.

After a day of high drama at the Royal Commission into trade unions in Sydney, Commissioner Heydon agreed to give the ACTU time to prepare an application for his disqualification.

He would then have a public hearing on the matter the following day - which would set the scene for a remarkable legal event.

However, the barrister for the ACTU, Robert Newlinds, SC, did not give any indication as to whether the peak union body would push ahead with this dramatic course.

ACTU: The delay strategy

Instead, he said if the ACTU decided not to do this it would inform Mr Heydon immediately.

Should the ACTU push ahead with such an application, Mr Heydon would then make a ruling about himself.

The ACTU would be able to appeal this to the Federal or High Courts, something which would throw proceedings into further uncertainty.

To read the emails in a larger window, go HERE

Union ‘grandstanding’ over commissioner

The ACTU has been accused of “grandstanding” at the trade union royal commission after the council said it would not immediately request Dyson Heydon recuse himself as commissioner.

The commission has been interrupted twice today by the ACTU, which asked Mr Heydon to produce correspondence relating to his proposed appearance at the Sir Garfield Barwick lecture, a Liberal Party event.

The ACTU wrote to the commission and advised the hearing it was considering asking Mr Heydon to recuse himself from the proceedings on the grounds of perceived bias flowing from his decision to attend the event, which has been billed as a Liberal Party fundraiser.

Mr Heydon acquiesced to the request by the ACTU this morning to hand over documents. He also gave the commission an hour to consider its position.

“I haven’t had sufficient time to receive instructions ... to work up what must be considered ... a very serious application,” said Robert Newlinds SC for the ACTU after the break.

“There is new light thrown on the facts that I must consider and give advice about”.

Mr Newlinds suggested he was being pressured to make a decision.

“To force someone on ... would be unfair in the sense if a denial of natural justice,” he told the hearing.

Counsel assisting the commission Jeremy Stoljar SC told the commission that the ACTU’s suggestion it could bring an application for the Commissioner to stand down “smacks of grandstanding”.

However Mr Newlinds responded: “The last thing I tried to do is grandstand or make this a farce.”

In parliament, Tony Abbott maintained his stalwart defence of the “impartiality and professionalism” of Mr Heydon and his commission.

“Members opposite should be very careful about smearing a distinguished former judge in an attempt to cover up their betrayals of the workers,” the Prime Minister said during question time.

“What is abundantly clear from what has been revealed at this royal commission on numerous occasions is that union officials ripped off the workers in order to help themselves.”

‘Overlooked the connection’

Earlier, Mt Heydon gave his first public statement on the Sir Garfield Barwick lecture affair, telling the trade union royal commission he did not “understand” the event to be a political fundraiser, and admitting he “overlooked the connection” to the Liberal Party.

“My understanding at all times has been that the dinner was not to be a fundraiser,” the Commissioner told the hearing today after the ACTU formally requested he hand over all correspondence relating to his decision to attend — and later withdraw from- the Liberal Party event.

The ACTU is deciding if it will ask Heydon to recuse himself from the royal commission after the Commissioner handed over the documents.

READ: Letter from ACTU to Dyson Heydon

The union declined to make an immediate application for disqualification and asked for 24 hours to decide if it will proceed.

Heydon gave the union until 1.30pm to confirm its next step. However, Mr Newlinds returned after a short break to say the unions needed more time.

He gave to Robert Newlinds SC for the ACTU, and John Agius SC for the construction union, a bundle of documents including his draft speech to the lecture and all documents he received promoting the event.

He then addressed the Commission, explaining that he was first approached “orally” to give the address in April 2014. This was confirmed in writing in March 2015.

“In March 2015 I overlooked the connection between the person and persons organising the event and the Liberal Party,” he said.

He also told the hearing: “I receive many invitations to speak at public functions”.

The ACTU application hit a stumbling block early on when the Commissioner queried the council’s right to appear to make the application alone.

The matter appeared to be resolved when Mr Agius stood up to support the application.

“What is happening is highly unsatisfactory,” the Commissioner said at one point during the application.

“There’s no intention to disrupt the ... commission any more than is necessary,” Mr Newlinds said.

He then addressed the Commission, explaining that he was first approached “orally” to give the address in April 2014.

That says: He added that he agreed to give the address if the royal commission had finished.

The ACTU application interrupted a third day of evidence from former NSW construction union boss Andrew Ferguson about union funds.

At a press conference this afternoon ACTU secretary Dave Oliver called for Tony Abbott to shut down the royal commission.

He indicated that the unions peak body will not make a formal request to the Commissioner to recuse himself today.

“We have a genuine concern that he appears to be biased,” Mr Oliver said.

However, he added: “The ACTU will need time to consult with affiliates”