Dyson Heydon is preparing to reveal whether or not he will continue in his role as royal commissioner inquiring into trade union corruption.
But even if he does go on Monday, unions still want the commission shut down.
The ACTU, CFMEU and AWU are all trying to have Mr Heydon disqualify himself over perceived bias, after he accepted an invitation to speak at a Liberal party event.
The former High Court judge has admitted he “overlooked” the political connection of the Sir Garfield Barwick address – which should have been held on August 26 – and has spent more than a week deliberating about his future.
On Friday unions made further submissions after it was revealed counsel assisting Jeremy Stoljar spoke to Mr Heydon about the function before he agreed to withdraw, making notes in his diary.
The conversation was prompted by an email from the NSW Bar Association’s publications manager Chris Winslow.
“Is Dyson Heydon aware that the Garfield Barwick Address, which he is due to deliver, is a Liberal Party fundraiser?” Mr Winslow asked Mr Stoljar on the evening of August 12.
ACTU Secretary Dave Oliver believes Mr Stoljar’s behaviour is also “questionable” after he failed to provide emails and a diary note.
“Some serious questions need to be asked about Jeremy Stoljar’s behaviour in this,” Mr Oliver told ABC TV on Sunday.
Instead of providing all correspondence when the unions asked during earlier hearings he “chose to stay mum”, he said.
Regardless of whether Mr Heydon disqualifies himself, Mr Oliver wants the whole commission to end immediately.
“It should be shut down.”
Prime Minister Tony Abbott has insisted the inquiry will continue, with or without Mr Heydon, who he has strongly backed.
Liberal frontbencher Mathias Cormann wasn’t prepared to offer public advice to Mr Heydon on what decision he should take.
“But that doesn’t mean in anyway, shape or form that I have got any concerns in relation to Commissioner Heydon, not at all,” he told Sky News.