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	Row over Abuse Claim Settlement By Barney Zwartz The Age June 1, 2010 http://www.theage.com.au/national/row-over-abuse-claim-settlement-20100531-wrd0.html A MELBOURNE woman allegedly abused by two Jesuit priests has been unable to pursue the second priest because of a mysterious legal settlement giving up her rights. Noreen Wood says she did not see - and never would have approved - the binding settlement lodged in the County Court on her behalf by leading barrister Tim Tobin, SC. She claims Mr Tobin acted without instructions and against her interest when he signed the settlement on December 20, 1999. Mr Tobin acknowledges that he signed the document, but neither he nor Mrs Wood's solicitor at the time, Meta McAllester, remembers the events leading up to the settlement. Nor do they have records. Mr Tobin, who met Mrs Wood last month in the presence of The Age to try to reconstruct events, said he would not have settled without instructions from Mrs Wood or Ms McAllester. It would be highly unethical, and he had no reason to do so. Meanwhile, the Jesuits, who apologised and paid compensation for the first abuser, have declined to discuss the second allegation - which they deny - on the grounds that the settlement finalised the matter. In November 1999, at Ms McAllester's request, Mr Tobin provided advice that Mrs Wood would not have a strong case in a civil action against the second alleged abuser or the Jesuits. Ms McAllester and Mrs Wood met Mr Tobin in his chambers on December 7, after which Ms McAllester advised Mrs Wood that she would no longer act for her as the case was too weak. Mrs Wood says that, terrified she would lose her house over a court costs bill, she rang Mr Tobin, who said he would see what he could do. She never heard from him again, never received a bill, and discovered the settlement by chance six months later. But Mr Tobin cannot remember any negotiations in pursuit of the settlement, and his diary has no records after the December 7 meeting. He said he would not favour the Catholic Church over his client. Mr Tobin said he often did not charge clients in Mrs Wood's circumstances and that instructions were often made verbally. He said he accepted that Mrs Wood gave a truthful account as she recalled it, but nevertheless he would not have acted without instructions. According to the settlement, Mrs Wood renounced any claims and the Jesuits did not seek payment of $15,000 in costs from a writ that was withdrawn.
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