(Image: Private Media)

This piece is part two in a series. For the full series go here.

When Dyson Heydon AC QC retired as a High Court judge in 2013, aged 70, it was as an eminent jurist with an international reputation.

Nine years later, his legal pre-eminence has been overshadowed by a different reputation: as a sexual harasser of young females in the prestigious court and university where he presided.

Allegations of sexual harassment perpetrated by Heydon first came to light in June 2020 when the report by Dr Vivienne Thom, commissioned by the High Court to investigate the claims, was released. The report found that six former associates had been sexually harassed by Heydon, resulting in an apology from the court.

Shortly after, a multi-year investigation by The Sydney Morning Herald reporters Jacqueline Maley and Kate McClymont revealed Haydon’s “lecherous behaviour towards young women students at Oxford University” where he was on a three-year appointment as a visiting professor at the faculty of law, and was known as “Dirty Dyson” and “Handsy Heydon”.

Their investigation revealed that the High Court independent inquiry found Heydon had “sexually harassed six associates and that other women including a judge and the former head of the ACT Law Society alleged he indecently assaulted them”. (Through his lawyers, Heydon denied all the allegations against him.)

Report of Dr Vivienne Thom

In a statement, Chief Justice Susan Kiefel said she had become aware of allegations against Heydon in 2019, which led her to initiate an independent inquiry.

Although the full report has never been made public, Kiefel’s statement revealed the key findings made by Thom’s months-long investigation. They were that six former associates were harassed by Heydon. Five were associates in Heydon’s office, and one worked for another judge. 

Kiefel’s statement said the findings were of “extreme concern” to her and the court, and that “we’re ashamed that this could have happened in the High Court of Australia”.

The statement revealed that all allegations were believed, and that apologies had been given to the six women, in some cases in person.

The investigation also identified a number of recommendations around human resources, inductions, mentorship and clarifying confidentiality requirements and social obligations. All recommendations were adopted and enacted by the court. 

Compensation paid

Three of the women referenced in the report, Alex Eggerking, Rachael Patterson Collins and Chelsea Tabart, successfully claimed compensation under the Sex Discrimination Act. The settlement agreement with the federal government keeps the figure under wraps, supported by non-disclosure agreements for all those involved.

In a statement relating to the settlement agreement, Attorney-General Michaelia Cash said “the Commonwealth has taken these claims very seriously” and “the settlements we have reached are consistent with that”. 

Further allegations

After The Sydney Morning Herald published its investigation into Heydon, which spanned years and continents, more women came forward alleging that similar harassment took place during Heydon’s time as commissioner of the royal commission into trade unions and while a guest at the Commonwealth Club in Canberra.

In response to both the High Court and the SMH’s investigation, Heydon denied “emphatically any allegation of sexual harassment or any offence”.

“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,” a statement said. 

“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.”