The NSW Attorney-General will seek advice about stripping Dyson Heydon of the title of Queen's Counsel after an investigation found the former High Court judge sexually harassed six staff members.
Attorney-General Mark Speakman told the Herald "the allegations against Mr Heydon are appalling" and he understood community concerns about the former judge keeping the title.
Former High Court justice Dyson Heydon was found in an inquiry ordered by the High Court to have harassed six associates.Credit:Ben Rushton
Mr Heydon was admitted as a barrister in NSW in 1973 and was appointed Queen's Counsel (QC), or silk, in 1987. The highly prized post-nominals set barristers apart from their peers as advocates of particular skill.
At the time of Mr Heydon's appointment, the state government was involved in the appointment of QCs by issuing letters patent and it would need to strip him of the title.
In 1992, the Fahey Liberal government announced the state government would cease to play a role in the silk appointment process and said the government "should not be asked to mark out particular lawyers for special treatment".
The process of appointing silks, now known as Senior Counsel (SCs) rather than QCs, has been managed by the NSW Bar Association since 1993.
Mr Speakman noted Mr Heydon had not renewed his barrister's practising certificate for the new financial year, starting Wednesday, which meant he was "forbidden to practise as a lawyer, regardless of the initials after his name".
However, he said he understood "community concerns" about Mr Heydon retaining the title and said he had "requested the Department of Communities and Justice provide me with advice on this matter".
On June 22, the High Court released a statement revealing an internal investigation led by former inspector-general of intelligence and security Vivienne Thom concluded Mr Heydon harassed six former young female associates at the court, five of whom had worked for him.
Mr Heydon’s lawyers, Speed and Stracey, said in a statement: "Our client denies emphatically any allegation of sexual harassment or any offence."
On the same day as the High Court statement, Mr Heydon resigned as an international judge of the Singapore International Commercial Court.
Queensland and Victoria have reintroduced the title of Queen's Counsel for barristers in recent years and South Australia is set to follow suit.
The debate about dumping the SC post-nominals in favour of QC – or KC if the reigning monarch is a man – rears its head periodically in NSW and has previously led to bitter battles for control of the Bar Association.
Michaela Whitbourn is a legal affairs reporter at The Sydney Morning Herald.
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2020-07-02 14:02:40Z
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