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ARTICLE · 04 JANUARY 2016

Dyson Heydon decision: a refresher on managing conflicts of interest

Declared or identified conflicts of interest should be recorded in a register to avoid controversy and issues of bias.

AustraliaLitigation, Mediation & Arbitration

In brief - Declared or identified conflicts should be recorded in a register

The recent controversy surrounding whether the private activities of John Dyson Heydon AC QC could reasonably give rise to an apprehension that he might not be impartial as a Royal Commissioner of the Royal Commission into Trade Union Governance and Corruption, is a timely reminder for organisations to consider afresh the broad topic of conflict of interest which includes issues of bias.

Reasonable person test critical element of conflicts of interest management

There is almost universal agreement regarding the need to manage conflicts of interest but a more limited understanding as to what constitutes a conflict of interest and how it might be managed. At a macro level, it is generally accepted that, while conflict of interest is not the same thing as corruption, conflicts of interest can directly lead to corrupt activity (see Conflicts of Interest in the Public Sector,

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