Israel Folau Rugby Australia lawsuit hits $14m, Wallabies could be called

Players could be called to give evidence, as Israel Folau ups his claim to $14 million dollars.

Israel Folau has entered an amended claim against Rugby Australia. Picture: Nev Madsen

Wallabies stars could be called to give evidence in the Federal Circuit Court next year as part of sacked player Israel Folau’s bid for $14 million in compensation.

Folau’s solicitor George Haros said on Wednesday that several players had provided affidavits to Folau’s legal team about what was said to them and “who they told that information to”.

“We have a number of affidavits that have been provided by senior Wallabies players that will form part of the hearing in February 2020,” Mr Haros said.

“The affidavits have been provided by those Wallabies players and as a result they’re open to be interrogated by our opponents.”

READ MORE: PM blasts ‘insensitive’ Israel Folau bushfire comments | ACL defends Folau | Folau axing a positive for inclusivity, Castle says

Mr Haros said Folau’s team had provided a “significant body of evidence and material” to the court including expert evidence to support the increase in sought damages from $10m to $14m.

“It’s a number of things and they will all be played out before the court in February,” he said.

Mr Haros also said it was not Folau’s intention to offend any victims of the recent bushfires with his sermon which suggested the deadly fires were a punishment by God against laws allowing same-sex marriages and gender choice.

Folau said he had lost $4.2 million from his base contract from 2019-21, as well as additional Test match payments and sponsorship, and estimated he would have earned up to $1.5 million a year for the three years after that contract expired with overseas clubs.

He then claims ongoing earnings after retirement for “possible captainship of a trophy-winning Wallabies team at an approximate rate of $30,000 to $50,000 per annum for between 15 to 25 years (approx., $450,000 to $1,250,000)”.

Israel Folau in June. Picture: Getty Images

Folau, who was sacked by RA over inflammatory social media posts claiming homosexuals are destined for Hell, last week suggested the deadly bushfires across Australia were punishment by God against laws allowing same-sex marriage and gender choice.

In his amended claim, Folau also says a Wallabies teammate told coach Michael Cheika and RA chief executive Raelene Castle that his sacking would divide the team and offend Christian Polynesian players.

Folau’s lawyers are in a discovery hearing at the Melbourne court this morning, with RA lawyers dialling in on a video call from Sydney. Folau’s camp is trying to obtain key documents they believe will bolster their case.

They say RA breached its obligations by “failing to bring all material evidentiary matters to the attention of the tribunal, including the fact that a senior player had told the CEO of Rugby Australia (“Ms Castle”) and the coach of the Wallabies (“Mr Cheika”) that the termination of Mr Folau was likely to cause division among the Wallabies and that Christian Polynesians in the team were offended by the actions of Rugby Australia (and the Waratahs), and then proceeding to terminate Mr Folau in circumstances where that material had not been brought to the attention of the Tribunal.”

Israel Folau's legal representative George Haros and Stuart Wood QC. Picture: David Geraghty

Folau told the code of conduct hearing in May that he had significant support from teammates, the amended statement says.

“During the hearing before the Tribunal, Mr Folau revealed to the tribunal that at least 15 teammates and members of the coaching staff had either provided him with messages of support and/or urged for his return to the playing field and that he had been informed by his teammates and management that there would be no disharmony or impact on team cohesion if he were to return to the game.”

Folau’s claim also says one of the three panellists who heard his code of conduct hearing, Kate Eastman SC, tilted the case against him because she’d previously worked for LGBTQI groups.

The Daily Telegraph