Unions royal commissioner Dyson Heydon has delayed a decision on his future until Monday.
The decision follows revelations in The Australian newspaper of further emails regarding Mr Heydon's acceptance of an invitation to speak at a Liberal Party function in Sydney.
The ACTU has been given until 5pm on Friday to make written submissions regarding the emails.
Mr Heydon has not set a time for his ruling on Monday.
On August 12, the NSW Bar Association's publications manager Chris Winslow received a phone call from former journalist and lawyer Marcus Priest expressing surprise at Mr Heydon's acceptance of an invitation to speak at a Liberal Party function, the Sir Garfield Barwick address.
Mr Winslow then emailed Jeremy Stoljar SC, the counsel assisting the royal commission.
"Is Dyson Heydon aware that the Garfield Barwick Address, which he is due to deliver, is a Liberal Party fundraiser?" read the email, released to the ACTU on Thursday.
Mr Stoljar replied: "I'll raise that with him (Heydon). Thanks."
Mr Stoljar did not show the emails to Mr Heydon but made a note of a meeting with the commissioner at 9am on August 13.
He wrote of the meeting that Mr Heydon had shown him an email from the event organiser, lawyer Greg Burton, which stated it is not a fundraiser.
"Burton is closer to the action than Winslow - he ought to know," Mr Stoljar noted.
"So OK to go ahead if JDH (Heydon) writes clarifying + response OK."
In response to a query from the ACTU, James Beaton - the solicitor assisting the inquiry - downplayed the relevance of the material saying the commissioner "does not presently apprehend the relevant of the documents" to the issue of him standing aside from the commission.
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