Israel Folau ‘strong’ in his convictions, heading for February trial
Israel Folau still wants an apology, and remains “extremely strong” in his fight against his sacking.
Former Wallaby Israel Folau still wants an apology from Rugby Australia, and remains “strong” and “amazing” in his convictions, his lawyer says.
Speaking after Folau’s unfair dismissal case first hit court this morning, his solicitor George Haros said his client was still seeking the apology, which “would come a long way to resolving the dispute”.
Mr Haros said Folau was looking forward to an expedited hearing but was strong and “amazing” in his convictions.
“Discussions have been afoot, it’s obviously a very intense matter and no doubt these discussions will continue but Israel is very forthright in his views and extremely strong at this stage of the proceedings,” Mr Haros said.
It came as it emerged Folau’s fight may go to trial in February 2020 after Rugby Australia’s bid to move the case from Melbourne was dealt a blow by Chief Judge William Alstergren today.
Rugby Australia has filed an application for the case to be heard by the Federal Court or in the alternative by the Federal Circuit Court in Sydney.
Barrister Adam Hochroth today told the court in Melbourne the application wasn’t brought to delay the case.
He said Folau had the right to file his lawsuit in any court but the case would raise issues of general public importance which may be better suited to the Federal Court.
Folau’s barrister Stuart Wood QC said the Federal Circuit Court was well able to deal with the subject matter of the dispute.
He said the application had “no merit and will only lead to delay and increased costs”.
“We are conscious that there are going to be attempts to further delay the rights of my client to have this matter quickly dealt with,” he said.
Judge Alstergren said he wasn’t going to allow anything to delay the proceeding.
He said a lot more material would have to be presented before he was minded to transfer the case to the Federal Court.
Mr Hochroth also sought measures to protect the confidentiality of the tribunal proceedings with Rugby Union Players Association which led to Folau’s termination.
Mr Wood however said the proceedings from the tribunal would have to be brought in “public glare” if Rugby Australia intended to rely on them.
“There are significant public interests in this case and the respondent shouldn’t be allowed to [divert] the normal option of open justice,” he said.
Mr Hochroth said Rugby Australia had “no motive to try and keep anything out of public glare”.
Judge Alstergren encouraged the parties to settle their dispute through mediation on December 13, but if that failed, to proceed to trial on February 4 next year. The December directions hearing would decide whether to transfer the case to Sydney and a potential trial date in February. He said the trial would likely go three to five days.
Folau was not present for the hearing in Melbourne.
Rugby Australia tore up his contract following an Instagram post in April in which Folau claimed “drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolaters” would go to hell unless they repented.
Folau is claiming unfair dismissal after his contract was terminated for uploading “religious content” on his social media accounts.
“This benign conduct, which the community accepts is a recognised fundamental human right and freedom, did not justify any punitive action being taken against him by his employer under the Player Contract or otherwise,” Folau’s claim states.
He is suing for financial compensation and the right to resume his career.
Folau was sacked for alleged high-level breaches of the professional player code of conduct over the social media posts, which he said were an expression of his religious beliefs.
Folau, 30, played rugby league and rugby union for Australia and also played professional AFL. In his rugby union career, he was capped 63 times for the Wallabies.
with AAP
Legal representatives for Israel Folau, Stuart Wood, centre, and George Haros arrive at the Federal court in Melbourne. Picture: AAP
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