ACTU leader Dave Oliver played down the survey results, saying it showed "a temporary increase in undecided voters who are prepared to give Malcolm Turnbull the benefit of the doubt". Credit:Anna Kucera The call from the ACTU chief follows a report in The Australian on Thursday that counsel assisting the commission, Jeremy Stoljar, SC, may have alerted Mr Heydon to Liberal Party links to the event, named after former High Court chief justice and Liberal MP, Sir Garfield Barwick. The report said that Chris Winslow, the publications manager from the NSW Bar Association, had called Mr Stoljar because he became concerned Mr Heydon's involvement in the event might soon appear in the media. Mr Winslow reportedly asked Mr Stoljar whether Mr Heydon knew the event was connected to the Liberal Party. Mr Stoljar is said to have replied: "I'll raise that with him." The royal commission denied this, saying on Thursday that Mr Stoljar had only received an email from Mr Winslow asking him whether Mr Heydon knew about the Liberal connection. "Mr Winslow did not communicate to Mr Stoljar that he had been contacted by a journalist or that he had a fear that a story about the matter might appear in the media."

Jeremy Stoljar said although Mr Atkin denied knowledge of the disclosure to Mr Parker, "he has a strong self interest in so denying, and there are a range of compelling circumstances which make those denials difficult to accept". Credit:Simon Bullard The commission also released a note from Mr Stoljar's diary which showed that he had raised this with Mr Heydon. "However (Heydon) showed me an email from Greg Burton (organiser of the event) to him, also yesterday 12/8, saying it is not a fundraiser. "(Heydon): 'Burton is closer to the action than Winslow - he ought to know.' So OK to go ahead if (Heydon) writes clarifying + response OK." Dyson Heydon is now due to decide on his future as royal commissioner on Monday. Credit:Anna Kucera Shortly after Fairfax Media first reported that Mr Heydon was billed as the keynote speaker of the event, the royal commission released a statement saying that "prior to any media enquiry being received" Mr Heydon had "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'."

The commission also released an email from Mr Heydon's office to Sydney barrister Gregory Burton, who had helped organise the event, in which he makes this remark. Mr Heydon has maintained he had been invited to attend the event before the royal commission's hearings were extended, and overlooked the fact it was a Liberal Party event in later emails as he was busy with commission hearings. On Friday, instead of Mr Heydon's decision on whether to stand down, the unions will be able to make "any further submissions" on the latest evidence at the commission. The ACTU's Mr Oliver said: "We believe there has been inadequate disclosure of relevant documents made by the commission as to this matter ... On 17 August in the initial hearing of the ACTU's application, counsel assisting Mr Jeremy Stoljar, criticised the ACTU's application as 'grand-standing' when in fact he knew the events described in this correspondence and today's Australian article had not been disclosed to the ACTU or to the public." Mr Oliver demanded that the commission urgently provide any further emails that could shed further light on when and why Mr Heydon withdrew. He also said Mr Heydon's decision on whether to recuse himself should be deferred "so that the ACTU can consider the implications".

Internally, the Abbott government has been making preparations to find a replacement commissioner in case Mr Heydon steps aside on Friday. A number of names have been discussed by the Attorney-General's and Prime Minister's offices as part of contingency planning. However, it is expected that cabinet would need to discuss and then sign off on a replacement appointment for Mr Heydon – should it come to that – which would mean a replacement would be unlikely to be immediately announced. A source in government suggested that on an orthodox reading of the law, Mr Heydon should not have to step aside. On Thursday, Prime Minister Tony Abbott said that if Mr Heydon took the decision to recuse himself, "the important thing is that the royal commission will continue".

"We have seen an abundance of evidence of rorts, rackets and rip-offs inside the union movement. "This is an absolutely vital royal commission, even someone of the stature of Martin Ferguson says this is an important part of cleaning up the union movement, cleaning up the Labor Party so it must and will go on regardless of any decision Dyson Heydon, QC, makes." Opposition Leader Bill Shorten said the royal commission was "now in a shambolic and politicised state". "Mr Abbott has put Mr Heydon in a very, very unenviable position. Mr Abbott should have acted to resolved this matter before now.," he said Mr Shorten also suggested Mr Stoljar and Mr Heydon "had further serious questions to answer about whether evidence which has now been revealed in The Australian should have been disclosed earlier".

On the ACTU's application, late on Thursday, a spokesman for the Attorney-General George Brandis said "it's a matter for the royal commission".



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