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Compensation claims against more judges ‘likely’

Following reports that three women sexually harassed by former High Court justice Dyson Heydon had reached compensation settlements, their lawyer has flagged that further claims for compensation may arise out of other cases involving judges.

user iconNaomi Neilson 16 February 2022 Big Law
Compensation claims against more judges ‘likely’
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Federal Attorney-General Michaelia Cash confirmed in a statement that undisclosed compensation settlements had been reached with Rachel Patterson Collings, Chelsea Tabart and Alex Eggerking, three of six victims of Justice Heydon. All three women worked at the High Court as associates when the misconduct took place.

It is likely the first time a settlement has been reached for sexual harassment claims under the Sex Discrimination Act based on findings against a serving federal judge. While the amount of the settlement agreements falls under a non-disclosure act, all three women are able to speak about their experiences if they wish to.

Maurice Blackburn lawyer Josh Bornstein, who represented the women, said the legal team was “very happy and feel privileged” to have represented them. He added that the bravery of victims to come forward has a “profound effect” on the profession.

“A cultural revolution is underway in the courts, law societies, barristers’ associations and law firms. Other women alleging sexual harassment against judges have come forward and investigations have either concluded or are underway,” he said.  

Mr Bornstein is currently representing a number of other women who have alleged sexual harassment by judges at both the federal and state level and has flagged that further claims for compensation arising from those other cases are likely.

The firm added that progress could be made to address gender inequality if the federal government were to legislate to require organisations to proactively take steps to stamp out gender inequality in their workplaces, as recommended by the Respect@Work inquiry. Most of the recommendations have not yet been adopted.

Referring to his three clients, Mr Bornstein added: “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 the individuals who are implicated.”

In June 2020, the High Court confirmed that an independent inquiry headed up by Dr Vivienne Thom found justice Heydon had sexually harassed six women while they worked as associates. In a statement, Chief Justice Susan Kiefel AC said the findings were of “extreme concern” and was “ashamed this could have happened”.

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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