St George Illawarra’s Jack de Belin drops legal action against NRL
Jack de Belin has saved $300,000 by dropping his legal challenge against the NRL’s no-fault stand-down policy, but maintains it is an “unlawful restraint of trade”.
ST George Illawarra star Jack de Belin will save about $300,000 by dropping his legal action against the NRL’s no-fault stand-down policy.
But he remains adamant it is an unlawful restraint of trade that is contrary to his presumption of innocence.
De Belin wasn’t present but his representatives were back in the federal court for a two-day hearing on Thursday morning that lasted less than five minutes.
The representative lock was appealing the validity of the NRL’s no-fault stand-down policy, which has led to de Belin being sidelined for the entire season as he awaits a criminal court hearing.
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De Belin was the first player to be stood down by the NRL’s new policy in March after being charged with sexual assault. He has been committed to stand trial over the alleged rape of a woman inside a Wollongong apartment block last December.
His lawyer Arthur Moses said de Belin dropped the appeal because of confirmation the criminal case will be heard before the start of next season and, given how late it is in the current season, it made it basically impossible for the Dragons forward to return to the field because St George Illawarra have just three matches remaining.
“Likelihood there might not have been a judgement prior to the end of the season,” Moses said in court. “There would be no utility in the matter proceeding at this stage.”
The Dragons released a statement on Thursday morning saying de Belin made the decision to drop his action as a direct result of the timing of his criminal case.
“De Belin maintains that the NRL’s stand down rule operates as an unlawful restraint of trade and is contrary to his presumption of innocence,” the statement said.
Justice Melissa Perry ruled in favour of the ARL Commission and their stand-down rule in May.
His legal stoush has financially crippled de Belin. He was ordered to pay the NRL’s legal costs after the first case, understood to be about $300,000, while his own legal fees are in excess of $100,000.
That figure has risen considerably since engaging new lawyers for his appeal, plus de Belin also has mounting legal costs for his criminal case.
As part of the decision, the NRL has agreed to waive the damages de Belin was slated to pay the governing body.
Moses asked for Justice Perry’s legal costs to be set aside, which was agreed to in court by Justice Jayne Jagot on Thursday morning.
The NRL said in a statement it “welcomed” the withdrawal of the legal action.
“The NRL’s no-fault stand-down rule introduced in March and confirmed by the federal court in May continues to apply,” the statement said.
“We have always held the view that the no-fault stand down rule is in the best interests of the game and are pleased that the legal challenge to this rule has now been concluded.
“We continue to work with the club to monitor the welfare of de Belin.
“The commission and the NRL take very seriously our responsibility to protect the reputation of the game and its stakeholders.”
He still stands to earn his $595,000 contract next season in the final year of his contract after being paid $545,000 this season.
However, it’s understood he will save about $300,000 with the NRL set to pay their own legal fees from the first court case. Had he lost his appeal it could have cost him another $200,000.
The Dragons released a statement on Thursday morning saying de Belin made the decision to drop his action as a direct result of the timing of his criminal case.
“De Belin maintains that the NRL’s stand down rule operates as an unlawful restraint of trade and is contrary to his presumption of innocence,” the statement said.
While he has dropped his legal action, the Rugby League Players Association will continue its push to have the rule scrapped.
“The RLPA remains of the view that the NRL’s stand down rule has been introduced in breach of the Collective Bargaining Agreement,” a RLPA statement said.
“The RLPA also remains of view that the stand down rule operates as an invalid and unreasonable restraint of trade, and will continue to address this with the NRL together with other issues through the CBA dispute process.
“The CBA dispute is focused both on how the NRL went about introducing the stand-down rule as well as how the rule itself impacts on the rights of players.”
The NRL released a statement shortly after de Belin’s decision, welcomed the Dragons star withdrawing his appeal.
“We have always held the view that the no-fault stand down rule is in the best interests of the game and are pleased that the legal challenge to this rule has now been concluded,” the statement read.
“The NRL’s no-fault stand down rule introduced in March 2019 and confirmed by the Federal Court in May continues to apply.
“The Commission and the NRL take very seriously our responsibility to protect the reputation of the Game and its stakeholders.”
De Belin will stand trial on sexual assault charges on March 2 just a fortnight before the start of the 2020 season. The trial is expected to last two weeks meaning de Belin — if found not guilty — will be free to play for the Dragons as early as round one.
The 28-year-old has pleaded not guilty to five charges of aggravated sexual assault in company after allegedly attacking a 19-year-old woman at a Wollongong unit in December.
His friend Callan Sinclair, faces identical charges and has also pleaded not guilty. One of the charges of aggravated sexual assault in company causing actual bodily harm carries a potential life sentence.
De Belin has continued to train with the Dragons.
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