CHAPTER TWENTY-SIX
The Human Rights Tribunal pretended to provide cheap and cheerful justice to litigants. Hearings were informal and barristers did not robe. The next morning, wearing a sober suit and carrying a folder containing my brief, I strolled several blocks to the gleaming officer tower that housed it on an upper floor. I stepped out of a lift into a large waiting area with half-a-dozen hearing rooms spread around it. Tania and Vince Davies were already there, sitting in a corner.
I moseyed over and looked down at Tania. "How do you feel?"
She squeezed her hands together and smiled bravely. "Pretty crap. But I'll make it."
"Good."
Carol Rolfe from the Sydney Morning Herald sat about twenty metres away, fiddling with her phone. I smiled and waved, and she waved back.
Vince said: "Who's that?"
"A journo."
"What's she doing here?"
"I tipped her off. I thought her presence might persuade Hoogland to settle."
"Hah. Do you think he will?"
"I don't know. He bowled into my room yesterday and said that he's determined to fight. But push hasn't come to shove yet."
Tania said: "I would like to settle, I really would."
"Let's wait and see."
Five minutes later, a lift door opened. Hoogland emerged with Toby Hendricks and a thin man I assumed was his solicitor. Toby was a senior silk with a sizeable defamation and equity practice. Tall and handsome, he looked like a barrister from Central Casting. I had never seen him in court. However, Wayne had told me that his hands were very eloquent. "It's when he opens his mouth that the trouble starts."
Toby detached himself from his group and strolled over to me, trying to look casual. "Hello Brad. Fancy meeting you here."
"Yes, it's like a Floor get-together. I hope you're charging him your full rate."
"I can't do that. He's my Head of Chambers."
"More fool you."
He looked annoyed already. "Umm, can we have a chat?"
"About what?"
"Settling this matter."
That was a good sign. "Let's go for a stroll."
We strolled towards the far wall, and he said: "You know, I was a bit surprised to hear you had this brief?"
"Why?"
"Because we're from the same Floor, I thought you might be worried about the, umm, impact of this case on Derek. It's causing him a lot of stress."
"Really? I wasn't aware he had any feelings."
"Don't be ridiculous."
The slimy bastard was obviously testing my loyalty to my client. Best to push back. "Look Toby, I don't give a damn how much stress he's under. I've never liked him and now like him even less. I have absolutely no doubt that the allegations against him are true. That's the main reason I took this brief. So, if you have an offer, put it. Otherwise, let's get on with the show."
Toby looked a bit shocked. "What about the potential embarrassment to the Floor?"
I scowled. "Toby, I'm here to represent my client to the best of my ability. Please don't play that card."
"What card?"
"Floor loyalty."
"I'm not."
"Good. Then I'll hear no more about it."
He rolled his eyes. "Anyway, I've got an offer for your client."
"What?"
"If she agrees to drop her claim and walk away, Derek won't demand she pay his costs."
"You're kidding, aren't you? Even if she loses, she won't have to pay his costs. They're not usually awarded in this jurisdiction."
"They can be, if there is a frivolous claim."
"Stop being silly. Why don't we settle on a different basis?"
"What?"
"Hoogland pays Tania $60,000 and agrees to give her a good job reference. Then we can all get on with our lives."
Toby scowled. "Forget it. He won't pay a cent."
"Why not? Even if he wins this case, he loses."
"What do you mean?"
I nodded in the direction of the court reporter. "That's Carol Rolfe from the Herald over there."
He looked alarmed. "What's she doing here?"
I delivered, with a few amendments, the speech I had mentally prepared in the lift. "Her job, of course. She's here because she knows this hearing will be front-page news. I mean, the headline writes itself, doesn't it: "Senior barrister accused of groping receptionist". I'm sure Carol will try to write a balanced report. But I'm afraid a lot of readers will be biased against Hoogland and jump to the conclusion he's an over-entitled white male who can't keep his hands to himself. His name will be mud from one end of this city to the other. His reputation will go splat on the pavement."
Toby started looking decidedly un-debonair. "Who told her about this hearing?"
"I did."
"You bastard. That is outrageous."
"No, it's not. This is a free country. Hoogland's other big problem, of course, is the buggers in the Bar Association. They love looking progressive and trendy. If he loses this hearing, they'll drink from his skull. And he can forget about a judicial appointment."
"This is blackmail. He's not going to surrender to that."
"I admire his courage. Let's get on with the hearing."
Toby looked alarmed. "No, no. I will speak to him and get his instructions."
"Good."
He strolled off and had a furious discussion with Hoogland during which Toby pointed a couple of times at Carol Rolfe. After about five minutes, Hoogland nodded angrily and Toby strode back towards me. Toby was obviously going to offer Tania some money. To amuse myself, I tried to guess how much. $15,000?
Toby cleared his throat. "Look, this wasn't easy. You saw how he behaved. But he'll pay her $20,000, terms to be kept confidential, and provide a reference."
Crumbling already. I shrugged. "Won't be enough, of course. But I'll get some instructions."
"OK." He glanced at his watch. "Five minutes before the hearing starts. If you don't mind, I'll get word to the Tribunal Member that we're negotiating and ask him to stay off the bench."
"Fine."
I strolled over to Tania and Vince, and told them about the offer. Tania smiled. "Great. Should I take it?"
I said: "Vince is going to charge you $10,000. So, if you take this offer, you'll get about $10,000 in the hand and a reference. In my opinion, that's not enough. You should squeeze harder and ask for, say, $55,000 and a job reference, and see what he comes back with."
"OK."
I didn't want to look too keen to settle, so I chatted with them for another five minutes before meeting with Toby on neutral carpet and conveyed the counter-offer.
He frowned. "She's being very greedy."
"She's got a good case and that's chump change to him."
"I'll get instructions."
He strolled back to see his client and, after another furious argument, came back and said Hoogland would pay $25,000, terms to be kept confidential, and provide a job reference. Eventually, after several more counter-offers were exchanged, the parties agreed that Hoogland would pay Tania $42,500, with the terms to be kept confidential, and provide her with a job reference.
After informing a delighted Tania that her claim had settled, I strolled over to Carol Rolfe, from the Herald, and said: "I'm afraid we've settled this one."
A frown. "Drat. This would have been a cracking story. What are the terms?"
I smiled. "They're confidential, I'm afraid."
"Bugger." She rose and glanced at her watch. "Oh, well, if I hurry, I can cover the sentencing hearing of that rugby league player who exposed himself. I'd better get moving."
"Where would you be without football players?"
"Out of a job, I guess." A suspicious look. "You didn't use me to settle this case, did you?"
I looked offended. "Of course not. But I'll buy you a nice lunch one day, I promise."
She laughed. "Make sure you do."
She headed for the lifts and I went back to see Toby. We sat in a small room and d
rafted terms of settlement and a job reference. He showed both documents to Hoogland, who signed them angrily and stormed off into a lift. Then he gave the documents to me. I gave Tania the reference and got her to sign the terms of settlement.
We strolled into the hearing room and told the attendant that we wanted to hand up terms of settlement. Five minutes later, the Tribunal Member appeared on the bench and congratulated the parties on settling the case. I gave him the terms of settlement. He noted the agreement between the parties and vacated the hearing.
The Tribunal Member left the bench and I turned to Tania and Vince, and smiled. "Alright, let's have coffee."