Barrister Kate Eastman SC was tasked with investigating the complaints and delivered a “damning report” into the judge’s behaviour last month, which at this time is not available to the public. This behaviour, first reported in The Age, included unwanted sexual advances and giving one woman sexualised poetry.

Ms Eastman also found the judge had at one time put his hand between the thighs of one of the women and, on another occasion, kissed her on the lips. He “used his position and power to satisfy his personal needs”, Ms Eastman reported.

Commenting on the findings, Maurice Blackburn lawyer Josh Bornstein said the two women he represents welcomed the findings in Ms Eastman’s report.

“Regrettably, the legal profession is a high-risk profession when it comes to sexual harassment. A reckoning is underway and a critical part of that reckoning is confronting the truth of what has happened and ensuring that there is appropriate accountability,” Mr Bornstein said, adding that, in due course, claims for compensation for both of these women will be pursued.

In a statement, Victorian Supreme Court Chief Justice Anne Ferguson said she was “struck by the horrible impact” that these actions had on the women.

“The employees experienced panic, feelings of being powerless, embarrassed, trapped, anxious, deeply uncomfortable, distressed, intimidated and fearful for their employment and future careers,” Chief Justice Ferguson said, adding that the behaviour of the Supreme Court judge was “wrong and reprehensible”.

“I am profoundly sorry that the behaviour the women endured occurred. It should never have happened. Every person who works in and with our court has a right to feel safe. They must be able to feel that they are respected and can trust everyone in their workplace.

VIEW ALL

“I thank the women involved for coming forward. I know that was not easy. I acknowledge the trauma that they have experienced.”

The Chief Justice added that the Victorian courts are committed to building a culture of “respect, fairness and inclusion with equal opportunity for all employees to thrive”. The courts will continue to roll out recommendations from Dr Helen Szoke’s Review into Sexual Harassment in the Victorian Courts and VCAT.  

In addition to the sexual harassment while they worked as his associates, the report found that he also “kept tabs” on them after they left court. After learning of the investigation in August 2021, he also contacted one of the women.

“I acknowledge his actions in August 2021 have caused (the former associate) significant distress and further anxiety. She fears retribution, embarrassment and holds concerns about her privacy and safety,” Ms Eastman wrote.

One of the women no longer works in the legal profession.

Law Institute of Victoria (LIV) president Tania Wolff said it is disappointing that there is “yet another account of sexual harassment” in the legal profession.

“Unfortunately, we can’t change what has happened in the past, but as a profession we need to take collective responsibility for that past, to acknowledge the distress and trauma that has been inflicted on those affected by sexual harassment, and be strong and determined in our efforts collectively to change the future of our profession,” Ms Wolff commented in a statement shared shortly after the news.

CEO Adam Awty added that the profession “must of course ensure that we have the workplace structures and policies in place to make behavioural expectations clear”.

This comes days after confidential compensation settlements were reached with three of the six victims of justice Heydon’s sexual harassment.

The Victorian Legal Services Board + Commissioner has an online reporting tool. LIV has also published practice and ethics support lines for practitioners, model policies, employer guides, education and training sessions, available on the website.

More to come.