By Jacqueline Maley
A Parramatta-based judge of the Federal Circuit Court sexually harassed two young women, according to a court inquiry that was initiated after one of the victims sought legal advice.
The court’s internal inquiry, headed by three former judges, found the judge had harassed a junior employee and a former law student.
An inquiry has found a judge of the Federal Circuit Court sexually harassed two young women.
The Chief Judge of the Federal Circuit Court William Alstergren said the court was “ashamed” one of its judges could engage in such conduct.
“The behaviour was totally unacceptable and inexcusable,” Judge Alstergren said in a statement.
He has apologised to both complainants and thanked them for “their courage and fortitude” in coming forward.
The first young woman was in a junior role working closely with the judge at the Parramatta registry. Her complaint was made in July 2020.
The second young woman was a former law student who complained to the court in September.
On receiving the first complaint Judge Alstergren constituted an inquiry chaired by former Supreme Court judge Julie Dodds-Streeton QC.
She was joined by former Supreme Court judges David Habersberger QC and Katharine Williams QC. Industrial law barrister Tessa Duthie was appointed as counsel assisting.
Both complainants and the judge were offered legal counsel and support.
The young female court employee was embarking on her legal career but has been on extended medical leave since the harassment occurred, according to her solicitor Josh Bornstein.
In 2020 the judge emailed her repeatedly and made harassing comments before his conduct escalated to two instances of unwelcome physical touching.
The young woman has been on mental health leave for much of the past year.
The judge, who The Sydney Morning Herald and The Age has chosen not to name because of his fragile mental health, has resigned.
He had been on leave since the commencement of the court investigation in August 2020. He has been a judge at the court for several years.
Following the harassment, Mr Bornstein said the young female employee made a verbal complaint, in a state of distress, to court management.
She was allegedly told words to the effect, “there’s not much you can do about it because he’s a judge”.
A Federal Circuit Court of Australia spokesperson said: “Within two days of the Chief Judge having received the formal complaint from the CEO of the Federal Court Entity, the complaint was referred to an independent committee for investigation.”
Following the alleged rebuff, the employee sought legal advice from Mr Bornstein.
Mr Bornstein wrote to the court requesting an internal inquiry similar to the one instituted by the High Court following claims of sexual harassment against former High Court judge Dyson Heydon. In 2020 the High Court inquiry found the sexual harassment claims of six women against Justice Heydon to be substantiated.
During the Federal Circuit Court inquiry process it came to light another young woman had complained of sexual harassment by the same judge.
Neither young woman was aware of the other’s experience.
Following its investigation, the Conduct Committee delivered a confidential report on April 1, 2021. It was provided to the judge and the two complainants.
“The Committee’s investigation found that, in each case, the complainant’s allegations were substantiated and that the Judge had engaged in conduct towards each complainant that was sexualised in nature and otherwise inappropriate,” the court said in its statement.
“The conduct the subject of the complaints, principally, involved inappropriate communication that occurred in 2015, 2016, 2019 and 2020. One complaint also involved two unwelcome hugs.
“The Committee found that neither the Judge’s medical condition nor his workload could justify or excuse his inappropriate conduct towards either of the complainants.”
The Committee recommended the complaints be referred to the Attorney-General Michaelia Cash for her consideration, and that Judge Alstergren take steps to ascertain whether any other people had been the subject of inappropriate behaviour by the judge.
The court has since appointed workplace specialist lawyer Stephen Price to undertake that review.
After receiving the committee’s report, the judge submitted further medical evidence but the Committee did not change its findings or recommendations.
“The Judge’s conduct is of great concern to the Court, as is the harm caused to these young women,” Judge Alstergren said.
“The Court is ashamed that such conduct could occur, especially by someone of such standing and responsibility as a serving Judge and in circumstances where he held a position of trust in respect to each of the complainants.
“The behaviour was totally unacceptable and inexcusable.”
The court has made all its judges attend a presentation on judicial misconduct and has reviewed its complaints process.
Mr Bornstein said his client, who wishes to remain anonymous, had been “severely impacted” by the matter but was satisfied with the court’s investigation and findings.
She would now pursue a claim for compensation from the court.
“My client hopes that other victims of sexual harassment will be encouraged to come forward now that courts have shown they will properly investigate complaints and hold judges to account for their misconduct,” Mr Bornstein said.
Mr Bornstein, who is representing women with claims against judges of several Australian courts, including three women who were sexually harassed by Justice Heydon, said there had been an improvement in the way courts deal with sexual harassment.
“The Federal Circuit Court should be commended for making this matter public and showing that this sort of behaviour by judges will not be tolerated,” he said.
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Jacqueline Maley is a columnist.
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2021-07-07 12:33:12Z
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