NRL faces long legal battle in France over Williams

By Belinda Tasker / Roar Pro

The NRL and Canterbury Bulldogs could face months of legal wrangling in France in their attempt to stop runaway rugby league star Sonny Bill Williams playing rugby union there.

International sports law experts say while the French are likely to take today’s Australian-issued injunction seriously, they will have to be convinced that they should enforce the order on their home soil.

Williams also faces the prospect of being sued if he ignores the injunction and plays with his new Top 14 rugby club Toulon in the south of France in line with the one-year contract he recently signed.

One London-based international sports lawyer, who asked not to be named, said it was possible to have the injunction enforced based on a series of complex global treaties.

However it is unlikely to be a speedy process, with the French courts possibly even wanting to retry the case before making a decision.

“The rules relating to that are really complicated and require a court in France to enforce a judgment in Sydney will have to go through loads of hoops to make sure that works,” the lawyer said.

“The Australians will find it quite difficult to get an injunction and stop him playing in France this weekend.

“It’s complicated and will be quite difficult to do.”

The Australian-based legal firm Gadens Lawyers also believes there is a chance the French courts could reject the injunction.

“The French courts may take the view that enforcing the injunction would be against French public policy as it prevents a person from carrying on their trade,” the firm said in an overview of the case published on its website.

Before the NSW Supreme Court ruling today, Williams’ new club was playing down the effect any injunction would have on their new star recruit.

“His contract is not contestable,” Nicolas Pironneau, the club’s talent scout who helped lure Williams to the south of France, told local newspaper Var-Matin.

“He is as free to play rugby and at RCT (Rugby Club Toulon) as he is to come from football or pole vaulting.”

But Williams does face the prospect of being sued if he ignores the injunction and returns to Australia at any time in the future.

“My instinct is if he flouts the injunction and sets foot in Australia he will probably be a wanted man and sought for contempt of court for ignoring the judgment,” another sports lawyer said.

The Crowd Says:

2008-08-11T00:18:25+00:00

Mark H

Guest


Thanks Link, I still think its crap. The Bulldogs dont like the fact that someone has given them the flip. With these cashed up clubs, they always do it to players. Its never a player. This time it is. Who really cares why. Its his decision and like everyones saying, 'Too Bad' save the comp.

2008-08-10T23:21:37+00:00

True Tah

Guest


At the end of the day, this could really come back to hit the Bulldogs and NRL's public credibility. If SBW does get selected for the ABs and is promptly thrown in a cell, it would do a hell of a lot of damage to their own credibility...its a bit like the scorched earth policy used by retreating armies throughout history, if the Dogs can't have SBW, the Waikato Chiefs and the ABs wont have him either...this is a bit rich from the family club.

2008-08-10T23:07:37+00:00

Recidivist

Guest


For all the carry on, the only winners are the lawyers. The Bulldogs/David Gallop should put their egos away, try and contact SBW without threatening contempt of court etc, settle and move on. If they want to run a line in the media about the costs and time involved in dealing with the French legal system that would stop them losing too much more face. The Bulldogs can go on about the damage they have suffered but really, there is no damage when you are well in the race for the wooden spoon. At most they might have dropped $40k on his wages but they should get this back anyway.

2008-08-10T22:59:32+00:00

The Link

Guest


Mark H, the freezing of assets will be if he's in contempt of a court order, not for breaking a contract mudskipper - SBW will (may) be paying damages, that's what he'll owe

2008-08-10T11:48:57+00:00

one wise man

Guest


Why don't the NRL and Bulldogs agree for SBW to give $200K to Charity then at least some good will come out of this stupidity What have they lost? nothing and they now have $400k to go shopping with. plus they can't spend any more than they were paying SBW under the salary cap. The club made $4m profit last year so its not like they need it for anything it would just be wasted paying directors at the club. .

2008-08-10T01:24:01+00:00

Recidivist

Guest


Thanks Spiro, i also would be interested to know who is giving the legal advice. if the Bulldogs take this forward to the extent that SBW might be jailed for contempt of court, that is a pretty awful position for the 'family' club to take. Whilst he broke a contract, it is clear that he wanted out and if he gets jailed for that, it will expose exactly what SBW was asserting, that the Bulldogs treat the players like catte and are not prepared to see them as people.

2008-08-09T11:40:29+00:00

westy

Guest


Spiro just went looking and got to see a few clips of Toulon trial game. May I congradulate all teams in the Super 14 , NRL competitions because all average players who do not make Toulon they definitely play for the other crowd. I understand they earn a reasonable wack to. Trial or not we are spoilt.There are club rugby players who would be in the mix.

2008-08-09T06:28:43+00:00

Mark H

Guest


How can you freeze the assets of someone on breaking a contract? that in itself is wrong. The law dosnt support that or there would be alot of people in Australia in the shit. If the NRL / Bulldogs still keep paying him, then thats there fault and he wont have to pay it back. If SBW is smart, he will have his legal team push this up to the Federal level and win it on the grounds that people who work for the federal govt have broken contracts and not have been penalised. What could he possibly have done apart from show the NRL for what it is? Its got a higher turn over of staff than McDonalds. NRL cubs can sack players as they feel be it injury, age, ability or on legal grounds, why cant a player sack his team? If he was unhappy, feels he was misguided in his original signing, didnt like the conditions or maybe things in his life has changed, has he the right? I recon so. The NRL are wasting time and energy on this, Mr Gallop needs to have a good hard think about things. SBW is gone, he wont come back and there is nothing they can do. He will play for the ABs in Australia, the NRL can attempt to do what they want but basing their issues on a contract wouldnt stand up in a slight breeze in court.

2008-08-09T04:47:47+00:00

mudskipper

Guest


The Link.... SBW wouldn't have been paid for the next two years work...what could SBW possibly owe the NRL… If the Dogs are not going to the semis this year, if they’re out of pocket he can make it up difference… otherwise they have 450K to buy new players for 2010.

2008-08-09T04:21:52+00:00

The Link

Guest


Spiro, "I’ve always thought that the best policy for the Bulldogs and the NRL is to accept that Williams has gone and to insist on some compensation from his contract, say two years repayment" surely this is what they're doing Spiro? or perhaps they should just be asking him really really nicely for repayment?

2008-08-09T04:02:49+00:00

mudskipper

Guest


The Bulldogs administrators are hopeless and will likely make a mess of this issue just like very thing else they have touched over the past couple of years. I think the Bulldogs and Coach Folks are happy for the distraction, as the dogs season was very poor season. The ABs is down the track for SBW, he has gone to Toulon because of Tana Umaga and his belief that Tana can make him a world class rugby player. Players have 10 years at best if SBW stayed at the dogs he would never fulfil any All Black dream… The longer this legal battle rages the more public option will sway towards SBW and the NRL will suffer public condemnation for chasing a young man who was talked into signing a disingenuous contract. The contract he sign was for half of his playing career, who advised him, who was involved in persuading him and what was their rewards. SBW gate could unstitch many NRL questionable operations… Agents, Clubs, Players contracts, the NRL administrators and channel 9. NRL should let Sonny Bill Williams go, and let him never to return to League. If the Dogs are out of pocket he can pay back the difference... SBW did a lot positive of publicity work for the dogs, perhaps good will would do...

2008-08-09T03:49:44+00:00

one wise man

Guest


Spiro well said. Finally somebody from the media on SBW's side. Lets face facts everybody at some stage of their working changes jobs and nobody expects to have there assets sized or go to court over it.

2008-08-09T03:17:02+00:00

Gatesy

Guest


To play for the AB's he will need to first play for a S14 franchise. At present, his chances of playing for an Australlian side are probably slim, but even if he were to play for a SA or NZ side (NZ being most likely if he wants to be an AB) he'll be taking the risk of being arrested every time he sets foot in Australia, and, as one correspondent said, NZ courts are quite likely to enforce an Australian judgment.

2008-08-09T03:05:55+00:00

True Tah

Guest


Chris Beck, SBW has a property here somewhere in the Shire, but I understand it is heavily mortgaged. Potentially, the Bulldogs/NRL could pursue claims and seize this property. It is heavily mortgaged, and the Bank would receive the amount owed to them before the Dogs would see anything from it. Westy, I have been saying the same thing, I would really hate for SBW to arrive in Sydney to play his first test for the ABs only to be arrested by the AFP at the airport for contempt of court. Ultimately this will prove to be one of the best decisions SBW has made...once Tana coaches the shoulder charge out of him and he picks up some of the nuances of the game, I think he would be able to make it to ABs. Interestingly he got yellow carded in todays game for shoulder charging already!!

2008-08-09T02:54:04+00:00

westy

Guest


I listened to SBW and it would seem that French rugby is the avenue he has chosen to try to achieve his real aim ie. play for the ABs. This is of course a lot closer to home . The problem for SBW is he must contest the injunction otherwise it is not this year he need worry about but the next 4 years in Australia and NZ. As long as he plays in Europe he is safe... playing closer to home may well become a problem. the last time I checked contempt is a criminal offence which with appropriate process by the Bulldogs is enforceable across Australia. The bulldogs may be being advised to forget the damages claim and seek permanent injunctive relief ags SBW. It is to spite his medium term ambition not money. t hey could be aiming where SBW is weakest the ABs play most of their games in NZ and a fair few in Aust. Their injunction has miuch more bite here.SBW is hoping they want to come to a financial arrangement.........he wants to pay damages..............interesting days. SBW has made the right legal move to France the question is does he want to be there for 4 years. By the way Spiro I think you may be being a little harsh on Slater and Hunt. I know for a fact the QLD REDS would give their right arm for either. The French contract may only be for a year and an option for a further year but SBW has made it clear he wants an NZRU contract.If the Bulldogs pursue and achieve injunctive relief rather than pursue damages and SBW does not defend or loses SBW will be in France for 4 years not anywhere near NZ.SBW will fight this case on any grounds he can , he will use any legal argument he can , threaten to bring down the salary cap but all he wants is a reasonable financial settlement for which I have no doubt he has indemnity from his new employers. Good luck in getting him to stop shoulder charging though.

2008-08-09T01:04:18+00:00

Chris Beck

Guest


Considering that he no longer lives in Australia and is rumored to have moved his assets overseas, is there any prospect of anything being done to him? Failing that, can he be hit with something if he ever returns to Australia? It seems to me that his advisers might start to become a bit worried about legal action being brought against them.

2008-08-08T23:42:44+00:00

westy

Guest


Spiro..........I agree with many of the things you say..........there is the other possibility is that he has done a bolter.......I do not think this the case but if Williams or his legal team do not attend the hearing of the continuance of the interlocutory injunction or any final hearing fof a permanent injunction because it may be difficult to enforce in France he has lost the plot. The Bulldogs may be quite happy with a permanent order for the duration of the contract that he is unable to play league or more ominously rugby in Australia. New Zealand courts will also be much more willing to enforce the decision of an Australian Court. It is strongly rumoured that Toulon 's contract fee for SBW is not over the top it is their agreement to indemnify SBW for damages that adds to his cost. The real issue is the Bulldogs quest for a permanent injunction for the duration of the contract in Australia.Some would then argue he can play rugby in France as long aS HE LIKES THE REAL BATTLEGROUND IS CAN HE EVER PLAY IN AUSTRALIA

2008-08-08T22:38:33+00:00

Spiro Zavos

Expert


I'd like to know who the Australian legal firm representing Sonny Bill Williams is, and the advice that he's been given before he did his bolter. My feeling all along with this affair is that it has been carefully planned. If it has been Sonny Bill Williams would have, musty have had, some legal advice that he's got a case against his contract, probably on restraint of trade aspects. And from the way things have gone, I wouldn't be surprised if it gets to a court battle about the 'sanctity' of his contract, a strong case can be made against the restraint of trade aspects of the salary cap. One: it's been established that he was under-paid by the Bulldogs, even taking out of account the RL offers from overseas. Two: why should the salary cap apply to players and not to everyone else at the Bulldogs club, the coaches, trainers and executives? Surely the dire straits of the finances of RL would mean that a salary cap would be imposed on everyone else making money out of the game before the players are penalised by it. Three: how fair is it that the off-field earnings of Williams, which should be enormous, are restricted under the salary cap restraints? Four: how sacred are RL contracts when players like Carney can be booted out for two years by the Raiders on an incident he contests? Five: what about the Super League battle over the players with the News Ltd lawyer one David Gallop representing News Ltd in getting players to come from the official game to the rebel upstart? Where was the sanctity of contracts in this whole messy business? I've always thought that the best policy for the Bulldogs and the NRL is to accept that Williams has gone and to insist on some compensation from his contract, say two years repayment The thing is there are very few other players outside of Israel Falu and Greg Inglis who would attract a similar interest from rugby union clubs anywhere in the world.

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