Judge sets Folau trial but urges mediation

Rugby Australia and former Wallaby Israel Folau could go head-to-head in a trial next February.

Israel Folau’s solicitor, George Faros, left, and barrister Stuart Wood QC outside the Federal Circuit Court in Melbourne yesterday. Picture: AAP

Rugby Australia and former ­Wallaby Israel Folau could go head to head at a trial in February, with Folau’s lawyer saying the star player still wants an apology for his alleged unfair dismissal.

Folau launched legal action seeking an apology, $10 million in damages­ and his contract to be reinstated by the NSW Waratahs and Rugby Australia, which claim the world-class player breached their code of conduct with a social media post in April.

In his Instagram post, Folau said “drunks, homosexuals, adult­erers, liars, fornicators, thieves, atheists and idolaters” would go to hell unless they repented.

Outside the Federal Circuit Court in Melbourne yesterday, Folau’s solicitor, George Haros, said Folau was strong and “amazing” in his convictions.

“Discussions have been on foot, it’s obviously a very intense matter and no doubt these discussions will continue,” he said.

“But Israel is very forthright in his views and extremely strong at this stage of the proceedings.”

Mr Haros said an apology would “come a long way to resolving­ the dispute”.

The parties have already appeared­ before the Fair Work Commission and in the Federal Circuit Court yesterday Chief Judge Will Alstergren said he wasn’t going to allow anything to delay the proceeding.

Barrister Adam Hochroth, for Rugby Australia, told the court an application filed this week to move the matter to the Federal Court 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 that 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.

Chief Judge Alstergren said he would need to have to a lot more material presented before he was minded to transfer the case to the Federal Court.

He said the Federal Circuit Court had substantial jurisdiction over employment law and there was a protocol that employment cases were heard in that court in the first instance.

Mr Hochroth also sought measures to protect the confidentiality of the tribunal proceedings with the 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 the ­“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.

Chief Judge Alstergren encourage­d the parties to settle the dispute by mediation, either through court mediators or ­privately. He set a potential trial date in early February.

More than 20,000 people have donated about $2.2 million to a fund set up by the Australian Christian Lobby to contribute to Folau’s legal fight.

additional reporting: AAP