The Australian Council of Trade Unions has shifted its attention to the counsel assisting the royal commission into trade unions and what role he played in the Dyson Heydon controversy. The ACTU national secretary, Dave Oliver, has called out Jeremy Stoljar, SC, for "questionable behaviour" amid claims he failed to disclose all documents relating to Mr Heydon's planned appearance at a Liberal Party fundraiser. Mr Heydon is due to make a decision on whether he will continue as commission chair on Monday. Mr Stoljar had been regarded as a possible alternative given his knowledge of events that have come before the commission to date. But Mr Oliver, who wants the commission shut down completely, said "serious questions need to be asked about his (Stoljar's) behaviour in all of this". It follows reports suggesting Mr Heydon only withdrew from the fundraiser after Mr Stoljar alerted him to possible media interest. New documents were released on Thursday after a fresh request by unions, with an email showing Mr Stoljar was asked on August 12 by Chris Winslow, the publications manager for the NSW Bar Association, if Mr Heydon was aware the Sir Garfield Barwick lecture was a Liberal Party fundraiser. The commission also released a note from Mr Stoljar's diary which showed that he had raised this with Mr Heydon on August 13 and Mr Heydon had shown him an email from the event organiser Greg Burton in which he said the lecture was not a fundraiser. Unions have demanded to know why the documents were not released two weeks ago when they made their first application for information. "This is becoming even more murky and murkier when you look at it," Mr Oliver told the ABC's Insiders on Sunday. "Two weeks ago, we go down there, we argue for all the information to be provided. "They provide it, they say that's it, now hear your case. They gave us an hour. We pushed back. Four days later we turn up again, we run our case and they go there's another bit of information we should have provided. "So lucky we didn't run the case the first time around." Mr Oliver said media coverage of the days leading up to when the first revelations were made by Fairfax Media suggested "counsel assisting, Jeremy Stoljar, was the first point-of-contact that raised the whole issue". "I'm saying the behaviour of Jeremy Stoljar is questionable," he said. "One would imagine when we stand up and say we want all the information surrounding this Liberal Party fundraiser that Dyson Heydon agreed to speak at, Jeremy Stoljar would know that would be an important aspect of what we're after. "Yet he chose to stay mum."

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