Four sources with direct awareness of the case,who spoke anonymously because of legal sensitivities,said Rugg’s and Ryan’s lawyers had spent weeks attempting to strike a pre-trial settlement,potentially involving compensation.
The Commonwealth – which is also a party to the trial,and is accused of breaching the Fair Work Act by allowing a culture of excessive work – has not agreed to repeated offers to settle,the sources said.
Three of the sources expressed frustration with the government’s lawyers,who they said had slowed the case down by indicating the prospect of settlement until days before a hearing last week.
“They’ve blocked any agreement. It would have been much better had they made it clear before multiple rounds of mediation,”a source with knowledge of the negotiations said. “Neither Sally nor Monique want to see this play out over months;the distraction and trauma just grows.”
The law firm representingthe Commonwealth,Sparke Helmore Lawyers,was contacted for comment.
Rugg’s legal team has already appointed Herman Borenstein,KC,to take over from barrister Angel Aleksov,who presented arguments on Friday about the limits of reasonable hours and the problems with parliamentary culture.
“I take difficult briefs and do what I can with them,” Aleksov said in response to questions about his exit from the case.