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Red Rob

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Joined January 2019

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Your usual great work, thanks Geoff.
But I could have saved you some effort. For me it starts and ends with: Albrechtsen says “black”, so I’m going with “white”.

Why everyone got it wrong about Rugby Australia and Israel Folau

Harry I guess it depends how you calculate it, whether or not accounting for costs and risks of staying the distance. And I don’t think we can put a price on damage to the ‘brand’ and so on.

Anyways, I gather from your posts you know a bit about this biz. Wayne Smith has confidently reported the figure was about $3m. I think that sounds credible. What’s your guess?

Martin: Folau settlement like a Christmas present

Yeah you’re right about that, not many fictional depictions of the law are accurate.

Martin: Folau settlement like a Christmas present

Neither option makes sense. You only settle if you are offered a settlement that gives you more than you thought you would get if you continued.

What you say SOUNDS logical, but it doesn’t work that way in practice. It’s more like a game of poker. Knowing whether to hold or fold is not always easy.

It’s quite possible to have legal advice that says you have an arguable case but also a substantial chance of losing. It’s very hard to put a % in what that chance is, tho.

The problem is that all litigation involves rolling the dice. (If you have nothing better to do) have a look at how many High Court decisions are split decision s and involve overturning a decision that overturned another decision … the point being that even good judges will disagree on a given case. That’s just the nature of law.

And even if RA won the case? There are still downsides in distraction from the game, unhappy fans and sponsors etc.

As a fan who supports RA, with experience in litigation, I’m glad it’s been settled.

I can’t see much point in speculating on the settlement terms, it could be anywhere within a big range.

Martin: Folau settlement like a Christmas present

Well it’s unlikely she can spell that out without breaching the confidentiality clause, so that’s pretty understandable.

Castle insists Folau settlement cost less than going to court

😂

Rugby Australia CEO on Folau: 'We didn't get it wrong'

Yep, all sorts of variables in play, we can only speculate, and in any event no outcome would have been “perfect”.

Clear the decks, move on.

Martin: Folau settlement like a Christmas present

FOH, it’s not quite that simple. RA had a reasonable basis to be confident of their position, but no experienced litigator goes into trial 100% confident, there are always unknown-unknowns and “on the other hands”

RA will have taken the advice of their lead barrister on the risk of a bad outcome (their value is in knowing which way the wind is blowing and when it might shift).

And Martin is right, the whole thing was harming Aus rugby, whatever the final outcome.

Personally if I were Raelene I would have been very open to settling it, and sooner rather that later.

Martin: Folau settlement like a Christmas present

Yup, and clog up an already busy court system.

Rugby AU and Israel Folau settle legal dispute

And regardless of scomo, even the big cases often don’t help much in setting precedents, because they often turn on their own special facts rather than the establishment or clarification of principles. It’s a big risk to run a case just to set a precedent, losing can have unintended consequences. (The ACCC’s been copping hidings in the courts for years chasing precedents – not that I blame them, it’s part of their charter to test the boundaries of the law.)

Rugby AU and Israel Folau settle legal dispute

Yeah as much as I wanted to see it tested, I think settlement is a good result. This one smelled like a lose-lose situation for all concerned, the only certainty is that it would polarise the two camps of supporters.

Rugby AU and Israel Folau settle legal dispute

To be fair, I don’t think he really knows what he thinks and believes, from one day to the next. His recent public statements suggest to me he is a very confused and easily led lad. It’s common knowledge he’s heavily influenced by a certain person very close to him, in what we would normally call an abusive relationship. Despite the harm he does with his homophobic comments, I still feel sorry for him.

Rugby AU and Israel Folau settle legal dispute

True but you rarely see transparent settlements, that’s why they settle.

Rugby AU and Israel Folau settle legal dispute

Yeah I’m always prepared to give a little leeway on such things. It was shorthand for “has to be a genuine finals contender” as opposed to being the also-ran of too many recent years. A bad luck run with injury is always a problem for Aus sides, even if we had the money we don’t have the talent to carry much depth outside the top 23.

Confirmed: Storm star Vunivalu switching to rugby

Yep, the rebuilding phase has largely ended, except for settling on a serviceable starting 10. And Hegarty is a decent Plan B in that regard.

Anything less than finals will be a fail in my book.

Confirmed: Storm star Vunivalu switching to rugby

Yeah LM could be successful but we need to be investing more in developing and retaining inside backs

Code swap? Latrell Mitchell reaches out to Rugby Australia

Yeah nah

Revealing The Roar's Test rugby team of the decade for the 2010s

Yeah mate I don’t pretend to understand any of it …

Israel Folau links bushfire crisis and drought to same-sex marriage and abortion

I’m not a Christian but I know a few who don’t think like that

Israel Folau links bushfire crisis and drought to same-sex marriage and abortion

I’m starting to feel sorry for him, it must be terrifying to believe in such a capricious god.

Israel Folau links bushfire crisis and drought to same-sex marriage and abortion

Several hearty chuckles in this one. Thanks Geoff.

The Wrap: The art of writing the recurring rugby column

Yup

Rugby Australia announce three-man panel to review Wallabies

Hasn’t every man and his dog been calling for an independant review?
Definitely not me.
I asked my dog, he says they’re barking up the wrong tree.

Rugby Australia announce three-man panel to review Wallabies

Oh we will, we will. Typical NSWer speaking for us!! 😛

Rugby Australia announce three-man panel to review Wallabies

Piru, as a stakeholder I feel I can really leverage off your dialogue.

Rugby Australia announce three-man panel to review Wallabies