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D-Day for Israel Folau and Rugby Australia

Israel Folau. (Photo by Dan Mullan/Getty Images)

Israel Folau’s high-stakes code of conduct hearing is underway at Rugby Australia headquarters in Sydney.

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But it’s most unlikely to be D-Day with the landmark case tipped to drag on for weeks – and possibly months or even years if the matter ends up before the courts.

Folau is fighting to save his career after RA chief executive Raelene Castle issued the three-times John Eales Medallist with a “high-level” breach notice last month and threatened to tear up his four-year, $4 million contract following his latest round of inflammatory social media posts.

Folau arrived at Saturday’s hearing bang on 9am, his car piercing a posse of TV cameras, photographers and reporters as it made its way through to the underground car park.

The dual international is being represented by high-profile solicitor Ramy Quatami and barrister Adam Casselden, who recently worked on the coronial inquest into the murder-suicide of Sydney family Maria Lutz and her children Ellie and Martin at the hands of their father Fernando Manrique in 2016.

Castle, along with NSW Waratahs supremo Andrew Hore, arrived shortly after, casually walking past the press pack and through the main entrance of the Rugby Australia building.

https://www.instagram.com/p/BwG9eejAtV_/?utm_source=ig_web_copy_link

Sunday has also been reserved should the three-person panel of chair John West QC, RA representative Kate Eastman SC and the Rugby Union Players’ Association-elected John Boultbee require further deliberations on what shapes as one of the most significant legal battles in Australian sport’s history.

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Either way, RA has already declared the panel is not expected to deliver a decision on the weekend.

A final verdict could in fact take months or even years to reach, according to an employment law expert.

“There may be some kind of settlement between the parties,” said Giuseppe Carabetta, from the University of Sydney Business School, who described the complex case as a “perfect storm of conflicting religious, corporate sponsorship and moral issues”.

“But if it does end up in the ordinary courts such as the federal court, potentially, those matters can take months or even a couple of years.”

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Folau, 30, copped his breach notice for taking to Instagram to proclaim “hell awaits drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolators” unless they repent and turn to Jesus.

He had been warned last year following a similar post claiming gays were destined for hell, before signing a rich contract extension in October.

Folau’s team will argue that RA did not include a specific social media clause in his new contract and that his posts were merely passages from the Bible and not directly his words.

RA, to be represented by Justin Gleeson SC, is expected to argue, regardless of no such apparent clause, Folau seriously breached the governing body’s broader code of conduct policy and its inclusion policy.

If the tribunal determines that Folau has in fact breached his contract, the panel must then decide if the breach was severe enough to terminate his career.

The losing party will have until 72 hours after any decision is handed down to appeal.

AAP

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J
JW 19 minutes ago
'Passionate reunion of France and New Zealand shows Fabien Galthie is wrong to rest his stars'

Where? I remember saying "unders"? The LNR was formed by the FFR, if I said that in a way that meant the 'pro' side of the game didn't have an equal representation/say as the 'amateur' side (FFR remit) that was not my intent.


But also, as it is the governing body, it also has more responsibility. As long as WR looks at FFR as the running body for rugby in France, that 'power' will remain. If the LNR refuses to govern their clubs use of players to enable a request by FFR (from WR) to ensure it's players are able to compete in International rugby takes place they will simply remove their participation. If the players complain to the France's body, either of their health and safety concerns (through playing too many 'minutes' etc) or that they are not allowed to be part in matches of national interest, my understanding is action can be taken against the LNR like it could be any other body/business. I see where you're coming from now re EPCR and the shake up they gave it, yes, that wasn't meant to be a separate statement to say that FFR can threaten them with EPCR expulsion by itself, simply that it would be a strong repercussion for those teams to be removed (no one would want them after the above).


You keep bringing up these other things I cannot understand why. Again, do you think if the LNR were not acting responsibly they would be able to get away with whatever they want (the attitude of these posters saying "they pay the players")? You may deem what theyre doing currently as being irresponsible but most do not. Countries like New Zealand have not even complained about it because they've never had it different, never got things like windfall TV contracts from France, so they can't complain because theyre not missing out on anything. Sure, if the French kept doing things like withholding million dollar game payments, or causing millions of dollars of devaluation in rights, they these things I'm outlining would be taking place. That's not the case currently however, no one here really cares what the French do. It's upto them to sort themselves out if they're not happy. Now, that said, if they did make it obvious to World Rugby that they were never going to send the French side away (like they possibly did stating their intent to exclude 20 targeted players) in July, well then they would simply be given XV fixtures against tier 2 sides during that window and the FFR would need to do things like the 50/50 revenue split to get big teams visiting in Nov.

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