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The Guardian - AU
The Guardian - AU
National
Nino Bucci

Women who were sexually harassed by former Victorian judge receive settlement

Statue of goddess of justice balancing scales
Maurice Blackburn principal lawyer Josh Bornstein said the conduct of judge Peter Vickery had a profound impact on the two women. Photograph: Damien Meyer/AFP/Getty Images

Two women who were sexually harassed by a former Victorian supreme court judge while serving as associates have received a legal settlement, their lawyer has confirmed.

The women made the claims against judge Peter Vickery in 2020, leading to an independent investigation by the supreme court, which upheld the allegations. Vickery, who denied the claims, died earlier this year.

The women’s lawyer, Maurice Blackburn principal Josh Bornstein, said the conduct of the judge had a profound impact on both women, who were starting their legal careers at the time of the harassment. One of them no longer works as a lawyer.

“In addition to deploying sexualised poetry and unwelcome sexual advances, Mr Vickery also put his hand between the thighs of one of the women and on another occasion kissed her on the lips,” Bornstein said.

“It was a gross abuse of power by one of our state’s most senior judges against two young women who were just starting out on their legal careers.

“The women are to be commended for their courage and tenacity in pursuing this matter against powerful individuals and institutions.”

Maurice Blackburn made multimillion-dollar claims to the state government with a request for mediation without the need to bring formal legal proceedings.

The mediation process resolved both cases, but the settlement sums are confidential.

In February this year, Vickery outed himself as the person subject to the complaints. He had retired in 2018 after a decade as a judge.

“I never for a second believed that anything I did may have hurt two of them,” he wrote in a statement released on his website.

“I accept that I should have been more alert to this possibility. Had I possessed sufficient awareness, without hesitation I would have altered my behaviour.

“The two complainants deserve respect for their courage in coming forward after such a long period of time, now more than a decade ago.”

The findings of the review, conducted by Sydney barrister Kate Eastman SC, were that the two women were sexually harassed and/or subjected to discrimination on the basis of sex.

They experienced unwelcome sexual advances, unwelcome conduct of a sexual nature and unfavourable treatment in employment on the basis of sex.

“The reports found that the actions of the judge were a serious transgression of appropriate professional boundaries,” Anne Ferguson, the supreme court chief justice, said at the time.

“The reports noted the significant power imbalance between the employees and the judge. As I read the reports I was struck by the horrible impact of these actions.”

Vickery died in April, aged 72.

• In Australia, support is available at Beyond Blue on 1300 22 4636, Lifeline on 13 11 14, and at MensLine on 1300 789 978. In the UK, the charity Mind is available on 0300 123 3393 and Childline on 0800 1111. In the US, Mental Health America is available on 800-273-8255

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