Test of stamina: marathon Israel Folau talks fail with Rugby Australia

Israel Folau and RA have failed to reach a settlement after 12 hours of mediation.

Israel Folau joins in prayer with supporters at the Federal Court in Melbourne. Picture: David Geraghty

Israel Folau and Rugby Australia will resume negotiations on Wednesday after failing to reach a settlement during a mediation session lasting more than 12 hours.

Folau did not speak as he emerged from the Federal Circuit Court in Melbourne shortly before 10pm on Monday but his solicitor George Haros said they remain “hopeful’’ of an agreement being reached over the $14m claim by the former Wallabies star.

“Where we stand is the ­mediation remains on foot,” he said. “We’re still hopeful of reaching an amicable agreement with Rugby Australia.

“We’d like to thank the Federal Circuit Court for today’s ­effort and look forward to reconvening in a few days to see if we can strike an agreement.”

The court-ordered mediation had begun at 9.30am. Negotiations will resume at 11.30am on Wednesday.

Folau is demanding an ­apology in addition to the $14m, claiming he was unfairly dismissed by Rugby Australia after he posted on social media that ­homosexuals were destined for hell unless they repented.

Folau ­had arrived for the talks flanked by his netball star wife, Maria. He declined to speak to ­reporters but held a prayer circle with supporters.

Israel Folau arrives at the Federal Court in Melbourne for mediation with Rugby Australia, along with his wife Maria. Picture: David Geraghty

Rugby Australia chief executive Raelene Castle declined to comment as she left the court. When she arrived, she said that during an earlier hearing with Folau, he had ­refused to stop posting his “harmful” views on social media. “During that tribunal process, Israel admitted he had caused harm (with) his social media commentary, and stated he would not curb his social media use and would post whatever he likes whenever he feels he needs to share his views,” she said. “Rugby Australia is confident of its legal position but we come here today with a genuine desire to find a settlement that is reasonable.”

The parties elected to have lunch sent up to them and talked through the day.

Court documents filed last week stated the $14m being sought by Folau included an ­assessment the ­Wallabies would have performed ­better at this year’s World Cup had he been in the team and that he might have been named captain.

CEO Australian rugby union Raelene Castle arrives at Federal court in Melbourne for mediation with Israel Folau. Picture: David Geraghty

Ms Castle said she felt confident about the mediation hearing and said Folau’s ­comments on ­social media following his sacking had reinforced the ­decision to terminate his ­contract.

“Israel’s commentary subsequent to his termination have only reinforced this belief,” she said.

“Rugby Australia followed the process for our contract with athletes (and) found Israel had a high-level breach that warranted his contract be terminated.”

In a video posted on Sunday, Folau said it was important to share the “word of God”.

Folau’s solicitor, Mr Haros, told The Australian on Sunday the player’s legal team was prepared for a trial should mediation fail. “We are heading into Monday’s mediation in good faith that an amicable outcome can be reached,” Mr Haros said.

“While it is our hope the matter can be resolved, if mediation is unsuccessful Israel is ready for trial come February.”

The mediation comes as a gay rights campaigner has written to the Anti-Discrimination Board of NSW, accusing Folau of “homosexuality vilification” and demanding he apologise and pay $100,000 to a charity. Activist Garry Burns on Sunday wrote to the board’s president complaining about Folau’s April Instagram post in which he warned hell awaited homosexuals.