Court clears way for sexual harassment complaint against ex-NT judge

A former associate of a now former Northern Territory Supreme Court judge has accused him of sexual harassment over a decade ago. The ex-judge, identified as RST in court documents, claimed the commission handling the complaint should have dismissed it due to it being too old. However, the Federal Court has ruled against him, allowing the complaint to proceed.

The ex-judge alleged the judge made inappropriate comments about her appearance, suggested massages, and proposed sharing a bed. The NT Anti-Discrimination Commission agreed to hear the case, but RST appealed, arguing the 12-month time limit was not strictly enforced. Federal Court Justice Mark Moshinsky dismissed RST's arguments, finding none of his grounds for review were valid.

He also suggested the ex-judge should reimburse the complainant's legal costs. The complaint will now return to the commission for mediation, with the possibility of proceeding to the NT Civil and Administrative Tribunal if no resolution is reached. The commission can hear matters beyond the 12-month limit under certain circumstances, considering factors such as the seriousness of the allegations and the importance of ensuring judges are held accountable.

The former associate initially brought the complaint to the Supreme Court and later to the High Court, which issued an apology to six women former associates of Justice Dyson Heydon in 2020. The ex-associate's complaint was lodged in 2024, with contemporaneous communications from the alleged incident period. Despite arguments from RST about societal and cultural context, Justice Moshinsky found it appropriate to consider these factors.

The court has suppressed the names of both parties to prevent prejudice, but it is unclear if an anonymity order will be granted.