The high court has written to more than 100 former associates inviting them to speak about their experiences at the court following the Dyson Heydon scandal.
Vivienne Thom, who conducted the initial investigation into the Heydon allegations, is now making herself available to speak to a wider range of court staff about their experiences.
A spokesman for the high court confirmed that correspondence had been sent to former associates on Thursday, inviting them to speak about their experiences at the court.
But the spokesman rejected suggestions in the Australian Financial Review, which first reported the story, that the invitations to speak constituted a new investigation or fresh inquiry.
It follows revelations in the Guardian on Wednesday that the Australian Capital Territory’s director of public prosecutions, Shane Drumgold SC, had written to police recommending they investigate Heydon.
Police have since confirmed they received Drumgold’s correspondence and will assess it. Both Drumgold and ACT policing have emphasised that such correspondence is standard practice and not unique to the Heydon matter.
Further requests for comment from Heydon’s lawyers Speed and Stracey have so far been unanswered.
Heydon has previously issued a statement via his lawyers categorically denying allegations of harassment.
“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,” Heydon’s lawyers 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.”
Also on Thursday, it was also revealed that a complaint was lodged with the Office of the Legal Services Commissioner (OLSC) by a group of senior female barristers in New South Wales.
The Sydney Morning Herald reported that the confidential complaint was made by 14 silks, who did not themselves say they were victims of inappropriate behaviour.
In the wake of the Heydon allegations, the OLSC issued a public callout for anyone to come forward with complaints of sexual harassment. Such allegations, if upheld, would amount to professional misconduct, it said.
“The commissioner’s view is that such personal conduct by a lawyer is capable of amounting to professional misconduct,” it said in a notice on its website. “Professional misconduct includes conduct of a lawyer, whether it occurs in connection with the practice of law or otherwise, that would, if established, justify a finding that the lawyer is not a fit and proper person to engage in legal practice.
“We encourage anyone who has been subjected to, has witnessed or has knowledge of discrimination, sexual harassment or workplace bullying by someone in a law practice to notify us, so that we can take appropriate action.”
The NSW court of appeal, where Heydon worked before joining the high court, told the Guardian it had no record of complaints made against him during his time on the bench.
After retiring from the high court, Heydon returned to the bar with Eight Selborne, a Sydney-based practice.
Eight Selborne has removed Heydon’s page from its website.
The University of Sydney is also reviewing its association with Heydon, who still holds the title of emeritus professor, and Labor has called for him to be stripped of his companion of the Order of Australia, though the government office responsible for such honours has refused to say whether it is conducting a review.
