Three women are seeking compensation from Dyson Heydon for sexual harassment with their lawyer arguing the delay in coming forward should not count against them.
Maurice Blackburn lawyer Josh Bornstein, who is representing three of the six women who have made sexual harassment complaints against Mr Heydon, said his clients would be seeking compensation from both the Commonwealth and the former judge.
He said the federal government has already indicated it is willing to commence the process of negotiating a resolution of claims of compensation.
“At the same time, I'm instructed to pursue compensation against Dyson Heydon, and we will be writing to Dyson Heydon's lawyers shortly and inviting Mr Heydon and his lawyers to engage with us in discussion about compensation," he told reporters on Tuesday.
"Based on the response of Mr Heydon to date, I'm not optimistic that he will take up that invitation."
Mr Bornstein said he had been instructed to take the case to the Australian Human Rights Commission if Mr Heydon’s legal team does not come to the negotiating table.
If the commission looks at the claims that could open up the potential for the matter to be taken to the Federal Court.
However, there is no guarantee the AHRC will accept the complaint, due to the time that has passed since the incidents took place.
Dyson Heydon working in his chambers in 2002. Source: AAP
The AHRC must decide whether to take on cases that are more than six months old.
"In this case, the events in question go back eight to 10 years. So one of the big issues for the Human Rights Commission is whether it is prepared to deal with these complaints of sexual harassment that go back that far," Mr Bornstein said.
"I've previously spoken about the reason that these matters weren't aired or haven't been pursued to this point - and that is a visceral fear of Dyson Heydon's power," he said.
"My clients - when they commenced work at the High Court - were the best and brightest graduates of law schools from around Australia. To their horror, they are sexually harassed by a judge of the High Court."
An independent inquiry by the High Court found Mr Heydon had sexually harassed six female associates during his tenure.
An investigation report by former inspector-general of intelligence and security Dr Vivienne Thom has been provided to the six complainants and Mr Heydon.
The findings prompted a public apology from High Court Chief Justice Susan Kiefel, who said she was “ashamed that this could have happened at the High Court of Australia".
Mr Heydon has disputed the findings.
"In respect of the confidential inquiry and its subsequent confidential report, any allegation of predatory behaviour or breaches of the law is categorically denied by our client," read a statement released by his lawyers.
"Our client says that if any conduct of his has caused offence, that result was inadvertent and unintended, and he apologises for any offence caused."
Mr Bornstein said he did not know who the other three complainants were, because they had come forward at a later stage.
Mr Bornstein said the sexual harassment experienced by his three clients had caused them to become profoundly disillusioned with the legal profession in Australia.
