Royal commissioner Dyson Heydon will rule on his future on Monday, amid claims he withheld information from unions.
The ruling was originally planned for August 25, but unions raised further concerns that not all information relevant to Mr Heydon accepting an invitation to speak at a Liberal Party event had been disclosed.
The former High Court judge received submissions from the ACTU, Australian Workers Union and the construction union CFMEU on Friday which he will consider ahead of a ruling in Sydney at 2pm on Monday.
ACTU secretary Dave Oliver said it was also clear that senior counsel for the commission Jeremy Stoljar "was aware that not all of the information regarding the Liberal Party fundraising event had been disclosed to the ACTU or the public".
"This royal commission is now terminally tarnished," Mr Oliver said in a statement.
On Thursday, the commission released two emails and a note of a conversation which related to Mr Heydon's acceptance of an invitation to deliver the Sir Garfield Barwick address.
Mr Oliver described the emails as a "vital bit of information" which had been withheld when the union peak body initially applied to have Mr Heydon disqualified over perceived bias.
Solicitor for the commission Peter Gordon said the commissioner did not "presently apprehend the relevance of the (new) documents" to the unions' bid to have him step down, but was happy to allow the supplementary submissions.
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 the invitation to deliver the August 26 address, when it was clearly being organised by the NSW Liberal Party's lawyer branch.
Mr Winslow then emailed Mr Stoljar.
"Is Dyson Heydon aware that the Garfield Barwick Address, which he is due to deliver, is a Liberal Party fundraiser?" read the email.
Mr Stoljar replied that he would raise it with the commissioner.
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 dated August 12 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."
The commission heard last week that the August 12 email from Mr Burton - which Mr Heydon had read - stated the dinner is "nominally under the auspices of the Liberal Party lawyers' professional branches".
Prime Minister Tony Abbott stood by the commissioner, saying other judges had addressed Liberal and Labor events in the past.
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