Israel Folau widens his case against Rugby Australia

The rugby star has lodged a 26-page statement of claim with the Federal Circuit Court.

Israel Folau claims his sacking was an unreasonable restraint of trade. Picture: AAP.

Israel Folau has broadened his case against Rugby Australia, claiming his sacking was an unreasonable restraint of trade because it stopped him playing rugby union at the international level and for an Australian team in the Super Rugby competition.

In a 26-page statement of claim lodged with the Federal Circuit Court, the rugby star has argued that on its proper construction, his player contract did not prevent him from practising his religion or sharing his beliefs in his own time, provided he did so lawfully.

However, to the extent it tried to do so, it was against public policy and “therefore void at law and of no effect”.

In the alternative, he has argued that his contract was not breached as a matter of fact by his social media posts.

The rugby star has launched legal action against Rugby Australia and the NSW Waratahs seeking an apology, financial compensation and the right to ­resume his career on the field as a champion player representing his country.

His playing contract was terminated on May 17 after he posted “biblical teachings” on his Instagram and Twitter accounts, sparking a national debate over religious freedom and a campaign to strengthen related laws nationally.

Folau argues he was unlawfully dismissed because of his religion, which is prohibited by section 772 of the Fair Work Act.

He also says that a ruling by the Tribunal that his social media posts constituted a “high-level breach”, which warranted termination of his contract, was “absurd or unreasonable or so unreasonable that no reasonable person could have reached it”.

The effect of his dismissal was that he could no longer play rugby union at an international level (because he was not eligible to play for any other country) or from playing for an Australian team in the Super Rugby competition — which he argues was an unreasonable restraint of trade, contrary to public policy and void.

Folau, born to Tongan parents, was baptised and “born again” in December 2017. He is a member of Truth of Jesus Christ Church, a non-­denominational church at Kenthurst in Sydney’s northwest.

The statement says he believes he has a “mission and duty” to spread the word of God, including messages from the Bible and his faith as preached by the Truth of Jesus Christ Church. These religious beliefs “go to the very essence of his personhood and define him as a human being”.

Folau was the highest try scorer in Super Rugby history and the fourth highest all-time try scorer for Australia, and a three-times John Eales Medal winner.

Under his contract, not due to expire until November 2022, he was expected to receive $5.7 million plus further test match payments.