Bulldogs fire back at Jackson Topine ahead of Supreme Court showdown
Canterbury have lodged court documents ahead of a Supreme Court Showdown with Jackson Topine, claiming the former Bulldog consented to the punishment that kicked off their legal stoush.
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Canterbury have fired their most significant salvo yet in their legal stoush with former player Jackson Topine, lodging court documents in which they claim that their former star consented to a training ground punishment and failed to disclose mental health issues.
The Bulldogs’ long-running dispute with Topine has been set down for 10 days in the NSW Supreme Court from March 23 next year - only a matter of weeks after the club returns from their opening game of the season against St George Illawarra in Las Vegas.
The matter is set to have significant ramifications for not just the Bulldogs, but also the NRL and their fellow clubs.
Topine is believed to be seeking as much as $4 million in lost earnings, having accused the Bulldogs of causing him humiliation and mental injury after a wrestling session in Sydney’s south-west.
Documents filed with the Supreme Court by the Bulldogs provide a fresh insight - through the eyes of the club - into the incident that led to Topine taking a break from the game and launching unprecedented legal action.
If proven true, the claims in the documents also lift the curtain on the way NRL clubs operate and the expectation that is placed on their athletes to meet their expectations on and off the field.
The Bulldogs insisted in the documents that the desire for discipline and timely attendance at training sessions were conveyed as part of regular ‘Bulldogs man’ sessions where the club’s “values and expectations” were discussed.
“Timely attendance was one of the club’s key priorities in the 2023 NRL season,” the Bulldogs’ defence reads.
“Improving off-field discipline, including through timely attendance at training sessions, was key to improving on-field discipline in circumstances where the club was one of the most penalised clubs in the NRL at that time.”
The club claimed that Topine - who hasn’t played since walking out on the club two years ago - had been about 10 minutes late for a training session at Smeaton Grange on July 18 2023.
They said it was common practice within the club, and among other NRL clubs generally, that if a player failed to attend training on time, and failed to notify coaching staff of their lateness, they would be subject to discipline.
The Bulldogs say that during the scheduled wrestling session, the coaching staff and senior leaders decided that the appropriate disciplinary response to Topine’s alleged tardiness was that he be required to perform an additional wrestling exercise.
The additional wrestling training meant Topine engaged in upper body wrestling - he and his opponents were on their knees on a padded mat - against 25 players.
The club insists that Topine did not raise any objection and willingly participated in the additional training, which they claim lasted for no more than six minutes.
The club added that “at no point during the additional training did Mr Topine assert or show that he was unable to defend himself or compete. They also deny that Topine requested or required any assistance following the conclusion of the punishment.
Topine, according to the Bulldogs, attended training on July 19 and all subsequent training sessions prior to the club’s first grade match against the Penrith on July 23.
However, the club revealed that on July 19, Topine’s father Marcus sent a text message to the club’s welfare officer, Luke Goodwin.
“There needs to be some accountability for what went on yesterday I have spoken to legal at my company and there is a duty of care that was not addressed,” he wrote.
“A penalty of 8 mins to have a 35-1 attack on an individual, as administrators stood there and watched it has a civil case that will be unheralded in your industry.
“Only to the respect of my son’s request I am standing down for now. Let me know what transpires without my son’s knowledge.”
Topine subsequently sought treatment which revealed, according to the club, that he suffered from significant pre-existing mental health issues.
They say they were never told of his condition.
They added that they continued to pay Topine for the remainder of the 2023 season, even though he had told the club he was unfit for work.
The club also claims that it made at least 12 welfare calls and texts, or enquiries with Topine’s agent, wishing their former player a speedy recovery and wishing him well.
They say they made a further five enquiries with Topine or his agent seeking information about when he might be fit to return to training.
Topine played five games for the Bulldogs before his career came to a shuddering halt, prompting legal action against the club.
The Bulldogs argued in their filed defence that the allegations made against them are “hopeless and bound to fail” because it was reasonable for the club to require Topine - as an elite professional football player - to perform an additional training exercise for up to six minutes.
They also say that Topine voluntarily consented to participate in the additional training exercise and his absence from training and games from July 24, 2023 was due in part or fully to his pre-existing mental health condition, which had not been disclosed to the club.
“The defendants’ position is that Mr Topine’s claim is misconceived, is hopelessly embarrassing in parts, and should be dismissed with costs,” their defence concludes.
Originally published as Bulldogs fire back at Jackson Topine ahead of Supreme Court showdown