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Rugby Australia to target top NRL talent - Lomax case settled

Bazal

Post Whore
Messages
110,182
You must be kidding. A condition in which he has no power over is not a reasonable condition. You can believe whatever you want. But I've outlined how it would be shown to be unreasonable in court, and I don't think any judge going to side with Parra.

Um, sorry?

Lomax had control over the clause when he voluntarily signed the contract. With legal advice!

Peeling it back, as well, have you seen the release? What clause number does it specify that Parramatta must permit Lomax to sign with an NRL club prior to the end of 2028 on receipt of a reasonable offer?
 

taste2taste

Bench
Messages
3,294
Wouldn't Lomax main argument be that Parramatta don't have the cap to sign him ? Therefore it is a restriction of trade not allowing him to sign elsewhere.

Anyways, all will be revealed at 5pm today
 

Dogs Of War

Coach
Messages
13,822
Um, sorry?

Lomax had control over the clause when he voluntarily signed the contract. With legal advice!

Peeling it back, as well, have you seen the release? What clause number does it specify that Parramatta must permit Lomax to sign with an NRL club prior to the end of 2028 on receipt of a reasonable offer?

There is a reasonable element to it all. I'm suggesting what Parra has said is unreasonable. And that's how it will play out in court. Lomax is in a position that he can only offer money. Shit changes in life. Parra can't take him back. And they are asking him to make another club offer a player to them, which is something he has no ability to do. Thus it is unreasonable for Parra to expect him to organise that.

It's no different to a non-compete clause you might sign with an employer when you leave. If the only option is your direct competitor, then that limits any options you have to be employed elsewhere, that is unreasonable and a restraint of trade. Although this situation is not quite the same, a lot of the arguements are similar.

The best you guys have come up with is that he needs to move countries to get employment in Union or Super League. That doesn't seem all that reasonable to be honest.
 

Matua

First Grade
Messages
6,176
There is a reasonable element to it all. I'm suggesting what Parra has said is unreasonable. And that's how it will play out in court. Lomax is in a position that he can only offer money. Shit changes in life. Parra can't take him back. And they are asking him to make another club offer a player to them, which is something he has no ability to do. Thus it is unreasonable for Parra to expect him to organise that.

It's no different to a non-compete clause you might sign with an employer when you leave. If the only option is your direct competitor, then that limits any options you have to be employed elsewhere, that is unreasonable and a restraint of trade. Although this situation is not quite the same, a lot of the arguements are similar.

The best you guys have come up with is that he needs to move countries to get employment in Union or Super League. That doesn't seem all that reasonable to be honest.
Yep, non competes in Oz are practically unenforceable even though we pretty much always sign them in employment contracts.

While I understand where Parra is coming from there's a point where they become the villains for denying someone their livelihood. You're right, having to move to another country or job sector doesn't seem reasonable.
 

Delboy

First Grade
Messages
8,953
Lomax asked for a release to specifically play outside the NRL which was signed under legal advice. Those options remain, he can play NRL if signed approval is given by Parra, his ability to earn a living as he asked outside the NRL , has not been denied. Any surprise the first and only club looking for advantage is the Storm, history suggests otherwise.
 

Bazal

Post Whore
Messages
110,182
There is a reasonable element to it all. I'm suggesting what Parra has said is unreasonable. And that's how it will play out in court. Lomax is in a position that he can only offer money. Shit changes in life. Parra can't take him back. And they are asking him to make another club offer a player to them, which is something he has no ability to do. Thus it is unreasonable for Parra to expect him to organise that.

It's no different to a non-compete clause you might sign with an employer when you leave. If the only option is your direct competitor, then that limits any options you have to be employed elsewhere, that is unreasonable and a restraint of trade. Although this situation is not quite the same, a lot of the arguements are similar.

The best you guys have come up with is that he needs to move countries to get employment in Union or Super League. That doesn't seem all that reasonable to be honest.

Not all of this true, mate.

You're basing your position on the clause being unreasonable - we can't know for sure without seeing it, but it's quite standard based on what we know and reasonably enforceable. It is not on its face unreasonable to protect the clubs interests by conditionally releasing him to explore opportunities that don't directly compete with them. And most of those opportunities still remain. He doesn't even have to move house to take up a Waratahs offer that's reportedly been made.

The proposition is flawed though, because Lomax, with legal advice, voluntarily signed a contract that included a provision that would impact him, based on things outside of his and Parramatta's control. One of those things has now changed. That is not Parramatta's fault, nor does it alter the understanding of the contract they agreed to. It's on Lomax if he failed to account fully for his interests

I think your confidence on the outcome is misplaced. It may well play out that way, we haven't seen the contract. But it's absolutely not clear cut nor does the general information we have show that Lomax is even in a favourable spot
 

Dogs Of War

Coach
Messages
13,822
Not all of this true, mate.

You're basing your position on the clause being unreasonable - we can't know for sure without seeing it, but it's quite standard based on what we know and reasonably enforceable. It is not on its face unreasonable to protect the clubs interests by conditionally releasing him to explore opportunities that don't directly compete with them. And most of those opportunities still remain. He doesn't even have to move house to take up a Waratahs offer that's reportedly been made.

The proposition is flawed though, because Lomax, with legal advice, voluntarily signed a contract that included a provision that would impact him, based on things outside of his and Parramatta's control. One of those things has now changed. That is not Parramatta's fault, nor does it alter the understanding of the contract they agreed to. It's on Lomax if he failed to account fully for his interests

I think your confidence on the outcome is misplaced. It may well play out that way, we haven't seen the contract. But it's absolutely not clear cut nor does the general information we have show that Lomax is even in a favourable spot

I don't think there was a problem with taking cash and that is a reasonable solution. It's the other element of it of getting a player in return. And that Parra want to go to court on that, is where they will come crashing down. Good on parra for having their ducks lined up only to find out they were lined up the wrong way. Sounds like a very Parra thing to do.
 

Bazal

Post Whore
Messages
110,182
I don't think there was a problem with taking cash and that is a reasonable solution. It's the other element of it of getting a player in return. And that Parra want to go to court on that, is where they will come crashing down. Good on parra for having their ducks lined up only to find out they were lined up the wrong way. Sounds like a very Parra thing to do.

Your propositions are misunderstood, though. Trying to limit to one thread, Parra firstly haven't asked anything of Lomax as I said elsewhere, so that argument is baseless.

Secondly, Parra will argue just as reasonably that they have, in good faith, released a State of Origin player from their contract to pursue an opportunity outside the NRL, with caveats that exist to protect their interests within the NRL. That is, both parties understood that Lomax was under contract until the end of 2028, and both parties have agreed to a release on conditions that maintain the employers rights within that period.

Straight up equivalence, Parra are being reasonable. They've not demanded a current Origin player in return.

Only the presiding judge will have all the information and legal knowledge to make a definite determination.
 

Steel Saints

Juniors
Messages
1,519
Yep, non competes in Oz are practically unenforceable even though we pretty much always sign them in employment contracts.

While I understand where Parra is coming from there's a point where they become the villains for denying someone their livelihood. You're right, having to move to another country or job sector doesn't seem reasonable.

Most likely Lomax was going to r360. From the many articles written about r360, it appears that there wouldn't be a franchise based in Australia. So in all likelihood, Lomax probably had to move to another country or job sector.

What f'd up Lomax is r360 has been delayed at this point in time by another couple of years.
 

Dogs Of War

Coach
Messages
13,822
Most likely Lomax was going to r360. From the many articles written about r360, it appears that there wouldn't be a franchise based in Australia. So in all likelihood, Lomax probably had to move to another country or job sector.

What f'd up Lomax is r360 has been delayed at this point in time by another couple of years.

You're missing that R360 has that players could still base themselves in their home country. Which any other option overseas doesn't allow for. Not to mention the period of the comp was quite short. So the equivalency isn't the same.
 

Steel Saints

Juniors
Messages
1,519
You're missing that R360 has that players could still base themselves in their home country. Which any other option overseas doesn't allow for. Not to mention the period of the comp was quite short. So the equivalency isn't the same.

R360 also wanted to kick off in September or October this year, but that fell through. R360 could promise something like players could base themselves in their home country,. But could potentially fail to deliver on that promise. The thing is we are not sure how this comp could work. There was a lack of detail from them in the public domain.
 

Dogs Of War

Coach
Messages
13,822
R360 also wanted to kick off in September or October this year, but that fell through. R360 could promise something like players could base themselves in their home country,. But could potentially fail to deliver on that promise. The thing is we are not sure how this comp could work. There was a lack of detail from them in the public domain.

Just showing what Lomax's lawyer could show in court when asked if they as many of you want to point out, that he could just work overseas in one of the other comps.
 

Wizardman

Coach
Messages
10,434
There is a reasonable element to it all. I'm suggesting what Parra has said is unreasonable. And that's how it will play out in court. Lomax is in a position that he can only offer money. Shit changes in life. Parra can't take him back. And they are asking him to make another club offer a player to them, which is something he has no ability to do. Thus it is unreasonable for Parra to expect him to organise that.

It's no different to a non-compete clause you might sign with an employer when you leave. If the only option is your direct competitor, then that limits any options you have to be employed elsewhere, that is unreasonable and a restraint of trade. Although this situation is not quite the same, a lot of the arguements are similar.

The best you guys have come up with is that he needs to move countries to get employment in Union or Super League. That doesn't seem all that reasonable to be honest.
Are you f**king kidding yourself? The man, with legal representation, signed a release in order TO PLAY IN AN OVERSEAS COMPETITION AND TO PLAY RUGBY UNION! That is what he was looking for and that is what he got with his release. How in f**k is it not reasonable for him to seek a rugby job here or overseas?
 

Wizardman

Coach
Messages
10,434
Did you read my whole post? Cause your only responding to one part which is the TL:DR version.

As I said he has no power to force another club to provide a player for his services. So all he can do is provide cash. That is a power imbalance, and I don't think a court with that presented to them, would look to kindly on that.

We all make decisions that can hurt us, and given the length of time a player has to earn money, and the other options are moving overseas, which might have been a good move in the R360 sense, but doesn't make sense in any other context. The loss of earnings by being forced to play Super League, or the playing Rugby in another country which who knows if that is even an option, and financially that still may not come close to the money on offer to play NRL where his value in known in this code.

I don't think it's as cut and dried as you make it out to be. Yeah he made a bad decision, and his attempts to remedied that are being stopped by stuff that is out of his control due to a demand being made by Parra that he cannot make happen.

Could be a be careful what you wish for moment. It's got Terry Hill and the draft case written all over it.
You only had that first paragraph up when I responded to your post.

Nice try
 

Ian Douglas

Juniors
Messages
290
Yep, Rex was a jnr wallaby.

There's dozens in the NRL, Manlys future halves (Walsh and Large ) were both jnr wallabies captains, alot of hype around tigers Makasini who was part of the jnr wallabies team that beat the All blacks last years.

Rabbits and warriors have signed 2 of New Zealands top Union prospects, Saumaki and Inch.
Knights have also signed a highly rated u18’s NZ union junior forward Tom Perkins.

 

Fangs

Referee
Messages
21,573
No matter what happens in the supreme court its quite obvious Parra are the good guys here.

Lomax and his agent shouldn't push ahead with this. Talk to the other NRL clubs about a fair trade. If you can't make a deal happen then ESL or rugby are your next choices. Parramatta won't stand in the way of the last two.
 

Wb1234

Immortal
Messages
48,843

Penrith retain dual code junior/wallabies u16

That surname is familiar too is that his dad or relo that played league ?
 

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