The commonwealth has reached a “historic” financial settlement with three women who were found to have been sexually harassed by the former high court justice Dyson Heydon after an independent investigation.
The attorney general, Michaelia Cash, announced the compensation payout on Monday, along with an apology to the three women who have been negotiating with the commonwealth since the findings of an independent investigation undertaken by Vivienne Thom were released in 2020.
In 2019, three former high court judges’ associates lodged complaints about Heydon’s behaviour, with Thom finding the former high court judge had sexually harassed six complainants.
Asssociates Chelsea Tabart, Alexandra Eggerking and Rachael Collins have signed a non-disclosure agreement as part of the settlement, which Cash said reflected the commonwealth taking the claims “very seriously”.
Josh Bornstein from Maurice Blackburn, who was representing the women, said he believed the claim was the first time a settlement had been reached for sexual harassment claims under the Sex Discrimination Act arising from findings against a serving federal judge.
Speaking on behalf of the associates, Bornstein said the women were relieved the claims had been finalised, and happy with what he described as a “historic” settlement of compensation.
“They have asked me to convey their strong conviction that women should not feel ashamed to pursue financial settlements in sexual harassment cases because sexual harassment will only start to recede when there is a clear recognition that it has a substantial cost to organisations and individuals who are implicated,” Bornstein said.
“The settlement of these claims is of particular importance because it shows that women can succeed in the quest for truth and accountability in cases of sexual harassment, even involving some of the most powerful individuals and institutions in the land.
“It’s not always the case, but sometimes the legal process can overcome a severe power imbalance.”
Bornstein said the women’s complaints had led to a “profound effect” on the legal profession and had also prompted others to come forward with allegations, with a number of other investigations under way.
“A cultural revolution is under way in the courts, law societies, barristers’ associations and law firms.”
Bornstein said the settlement figure reflected the fact that the women had been unable to pursue the legal careers they had aspired to as a result of their harassment, with actuarial material presented as part of the negotiation showing the “loss of a legal career for a typical high court associate”.
“Many former high court associates pursue successful careers as barristers and some are then appointed as judges.”
In a statement, Cash praised the “bravery” of the women for coming forward.
“These women have told us about what they have been through during, and since, their times as associates of the high court and the serious impacts on their lives,” Cash said.
“We have listened to them and we apologise.”
In response to the Thom inquiry, six recommendations for the high court were accepted and implemented, with Cash saying the court’s practices had been “transformed” as a result.
Last year, Heydon issued a statement through his lawyers denying “emphatically any allegation of sexual harassment or any offence”.
“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 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.
“The inquiry was an internal administrative inquiry and was conducted by a public servant and not by a lawyer, judge or a tribunal member. It was conducted without having statutory powers of investigation and of administering affirmations or oaths.”
