Leading law firm Maurice Blackburn Lawyers today welcomed findings made by eminent barrister Kate Eastman SC that a former Victorian Supreme Court Judge sexually harassed two women who worked as his associates.
The women were prompted to contact Maurice Blackburn Principal Josh Bornstein in July and October 2020 following findings that claims of sexual harassment by former High Court Judge Dyson Heydon were upheld by an independent investigation.
Mr Bornstein formalised the women’s complaints to the Victorian Supreme Court and Ms Eastman was engaged to investigate them, delivering a damning report into the Judge’s behaviour last month.
Ms Eastman found the Judge wrote sexualised poetry to one of the women, sent her renaissance art featuring a naked cherub, told her he loved her and made unwelcome sexual advances.
Ms Eastman also found the Judge put his hand between the thighs of one of the women and on another occasion kissed her on the lips.
“(The Judge) used his position and power to satisfy his personal needs,” Ms Eastman’s report found.
The Judge kept tabs on the women after they left the Court and also contacted one of them after he learned of Ms Eastman’s investigation in August last year.
“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.
Mr Bornstein’s said the Judge’s behaviour was disgraceful and left both women traumatised.
“The two women I represent welcome the findings of the Eastman 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.
“In due course, claims for compensation for both women will be pursued, he said.
One of the women no longer works in the legal profession.
Mr Bornstein added that further 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 At Work Inquiry. Most of the recommendations of that inquiry have not been adopted.
Mr Bornstein is representing a number of other women who allege sexual harassment by judges at both the federal and state level, with further claims for compensation arising from those other cases likely.