TURC transcript Page 417 ( Say 10-10 am ?) (media reported that a note is handed to the Commissioner just before the break – NOTE NOT PRODUCED ) MS McNAUGHTON: I haven't been able to analyse the Schedule because it only came to my attention this morning, but the way I would approach it - if you have access to the Forensic Accounting Documents folder of U-Plus/Coverforce -- THE COMMISSIONER: I need to adjourn for an important problem that has just arisen. The hearing will resume in five minutes. SHORT ADJOURNMENT (Obviously the Age Latika Bourke calls the Commission about the article she was about to publish – see below. Not disclosed by the Commissioner.) TURC Transcript Page 437 ( Say 10-50 am ?) Q. The points we have just covered, though, on page 300, you found out what understanding you got from Mr Ferguson and Mr Papa? A. A combination of the two, that's right. THE COMMISSIONER: Ms McNaughton, another problem has arisen that I must attend to. If it is convenient, we might take the morning tea adjournment now. The hearing will resume at 10 past 11. SHORT ADJOURNMENT THE COMMISSIONER: Yes, Ms McNaughton. MS McNAUGHTON: Thank you. Q. Ms Mallia, we're still on page 299 to 300. Just NO FURTHER BREAKS IN THE MORNING OF 13 AUGUST TURC Transcript Page 467 ( Say 12-20 pm ?) MR AGIUS: Commissioner, I am reluctant to ask for this, but I will need just a few minutes to get some instructions from Ms Mallia. It is only one small topic.

THE COMMISSIONER: Do you want 10 minutes? MR AGIUS: Yes, I would be indebted. Thank you. THE COMMISSIONER: We will resume the hearing at, say, 25 to 1. MR AGIUS: May it please TURC Transcript Page 467 ( Say 1-00 pm ?) Q. You say he is responsible for business development across all Coverforce businesses, with a primary focus on business development for CIB, which is the Coverforce Insurance Broking Pty Ltd company? A. Yes. MS McNAUGHTON: Is that a convenient time? THE COMMISSIONER: Yes. The hearing will continue at 2pm LUNCHEON ADJOURNMENT EARLIEST REPORT – 10-33 am 13 August

Union corruption royal commissioner Dyson Heydon billed as star of Liberal Party fundraiser Date

August 13, 2015 - 10:33AM

• Read later Latika Bourke

National political reporter View more articles from Latika Bourke Follow Latika on Twitter Email Latika • EXCLUSIVE Royal commissioner Dyson Heydon during hearings. Photo: David Geraghty The f EARLIEST TWEET – 10-35 am 13 August 15

NOT PRODUCED Hansard Thursday 13 August House of Reps – 2-17 pm Page 53 Ms Julie Bishop ( Curtin etc 14.17 ) …..”I understand that the Attorney General contacted the Commissioner this morning, at which time the Commissioner informed him that he was not attending the Sir Garfield Barwick address.” NO FILE NOTE OF CONVERSATION NOT PRODUCED Based on the trasnscript of 13 August that call between the Attorney General and the Commissioner either took place at :

1. Circa 10-10 am; or

2. Circa 10-50 am.

The Australian

THE AUSTRALIAN 14 August August 14, 2015 Friday

Australian Edition Stop the clock, an important problem has just come up BYLINE: ELIZABETH COLMAN SECTION: THENATION; Pg. 6 LENGTH: 374 words Trade union royal commission watchers know Dyson Heydon as a stickler for procedure. He adjourns for the mid-morning recess. Lunch is always at or very close to 1pm. Hearings finish at 4pm, much like clockwork. He doesn't leave his seat otherwise, making a rare exception when a witness requests a bathroom break, and he doesn't vary his routine without solid reason. And he rarely minces words. So when he abruptly called for an adjournment "for an important problem that has just arisen", an important problem it clearly was. It had begun as a slow morning, with a dry technical conversation between lawyers about the confidentiality of a union insurance scheme. The first interruption came a little after 10am. Then an hour later there was another. Interrupting an examination by Sarah McNaughton SC, Heydon explained that "another problem has arisen that I must attend to". "If it is convenient, we might take the morning tea adjournment now." Yet by the time the story broke mid-morning that the commissioner had agreed to give the Sir Garfield Barwick lecture at an event hosted by the NSW Liberal Party, Heydon had returned to his seat in the hearing room. There was no hint or mention of the "important problem". By 1pm, when Heydon adjourned for lunch, the commission had been decried as biased, and ACTU secretary Dave Oliver was calling for it to be shut down.

By 2pm, when hearings were scheduled to resume, federal Labor MP Tony Burke had claimed that Heydon had disqualified himself and should resign. After four days of evidence on Construction Forestry Mining and Energy Union funds from 2005, the commission wasn't attracting the front-page headlines that came with big-name witnesses Julia Gillard and Bill Shorten. Even the allegations in recent days that former CFMEU NSW branch boss Andrew Ferguson had deliberately used charitable programs as a front for a $100,000 donation from construction firm Thiess had failed to lure reporters. But by now the media room had become more popular as everyone waited to see if Heydon would turn up.At 2.03pm, he returned to his seat. As question time raged and Twitter fumed, the proceedings continued steadily until 4pm when Heydon adjourned - like clockwork. The hearing will resume at 10am today. LOAD-DATE: August 13, 2015 The Age 14 August 2015 Union officials flag legal action against Heydon; Bias perceptions lead to calls for him to go BYLINE: Jane Lee SECTION: NEWS; Pg. 2 LENGTH: 1119 words Union officials who have appeared before the royal commission into union corruption, including Opposition Leader Bill Shorten, could take legal action against commissioner Dyson Heydon, on the basis of a perception of bias against them, an expert says.

At least one of the five unions that have appeared before the royal commission is considering civil action against Mr Heydon in the Federal Court. Fairfax Media revealed on Thursday that Mr Heydon was billed as the keynote speaker for a Liberal Party fundraiser this month. He later said he was withdrawing from the function. Labor and senior union figures have decried the commission as a political witch-hunt since it began. Patrick Keyzer, who's head of La Trobe University's law school, said he respected the former High Court judge, describing him as a "distinguished Australian jurist," but said there would be an obvious difficulty with a royal commissioner agreeing to speak at a fundraiser for the Liberal Party. Labor and the Greens called for Mr Heydon to be removed as a commissioner. Mr Abbott refused, defending him as "beyond reproach'.' "Before now [bias] wouldn't have been faintly arguable, but these circumstances may cause some parties before the commission to head for the books," Professor Keyzer, an expert on public law, said. While there was a "higher threshold" of evidence required to prove a royal commissioner has been biased compared with a sitting judge, Mr Keyzer agreed it was a "real possibility" that witnesses could argue Mr Dyson "has engaged in an activity which creates a reasonable apprehension of bias". A spokesman for the royal commission declined to comment on whether Mr Heydon would resign. A spokesman for Mr Shorten said he was not considering taking legal action against the commissioner. Last month Mr Heydon warned Mr Shorten, a former head of the Australian Workers Union that a lot of his answers at the royal commission were "non-responsive", saying: "What I'm concerned about is your credibility as a witness." A lawyer familiar with royal commissions said it was rare for bias allegations to succeed against royal commissioners, with the bias rule exercised more flexibly against them as they were not making decisions about legal rights, but presiding over factual inquiries. A spokesman for the Electrical Trade Union said the union was seeking advice on taking legal action against the commissioner.

He backed comments from the Australian Council of Trade Unions that Mr Heydon should resign or be removed. An Australian Workers Union spokesman said they did not intend to take legal action. What Fairfax Media asked Dyson Heydon about the emails 1 Can Mr Heydon release his correspondence with the organisers of the Sir Garfield Barwick address? 2 Who has Mr Heydon been in communication with regarding the event? 3 Was Mr Heydon aware of who the organisers are? 4 Did Mr Heydon personally accept the invitation? If so, when? Did anyone else accept on his behalf? 5 Was he aware of the nature of the event at the time? 6 Does Mr Heydon think it's appropriate for a royal commissioner to address political party fundraisers? 7 Does Mr Heydon claim to have been misled by the organisers? 8 In your statement, you said Mr Heydon advised the organisers he would be unable to give the address if there was ''any possibility that the event could be described as a Liberal Party event''. Should this be interpreted as: a) He had accepted the invitation but objected to it being described publicly, or advertised, as a Liberal Party event; or b) He had not yet accepted the invitation because he was concerned that it was a Liberal Party fundraiser? 9 In the statement, you also said Justice Heydon was unable to attend in these circumstances ''at least whilst he is in the position of royal commissioner''. Does this mean he would be open to attending an event like this after his term with the trade union royal commission has ended? 10 Does Mr Heydon have any connections with the Liberal Party? Is he a member? 11 Has Mr Heydon been involved with fundraising for the Liberal Party before? 12 Will Mr Heydon resign from his position as royal commissioner?

13 If not, why not? A RIGHT ROYAL SHAMBLES The Fairfax email request referred to above– NOT PRODUCED The Age

Sydney Morning Herald (Australia)

August 14, 2015 Friday First Edition

Heydon scandal: the day unfolded; Commissioner Under Fire SECTION: NEWS; Pg. 4 LENGTH: 456 words 10:30 Bill Shorten goes on the offensive as Fairfax Media's report is published "If it is true that a royal commissioner investigating Tony Abbott's political opponents is now attending a Liberal Party fundraiser, that is incredibly serious, incredibly concerning." 11:22 Office of royal commissioner Dyson Heydon says he will not attend the address "The commissioner Dyson Heydon will not be delivering the Sir Garfield Barwick address. "As early as 9.23 this morning [and prior to any media inquiry being received] he advised the organisers that "If there was any possibility that the event could be described as a Liberal Party event he will be unable to give the address, at least whilst he is in the position of royal commissioner." !