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Israel Folau hearing resumes for third day

Israel Folau arrives at Rugby Australia's Sydney headquarters at the weekend for the first days of his conduct hearing.

Israel Folau arrives at Rugby Australia's Sydney headquarters at the weekend for the first days of his conduct hearing. Photo: Getty

Israel Folau’s code of conduct hearing has resumed in Sydney as he attempt to to save his Australian rugby career.

The Wallabies star and his legal team arrived at the offices of law firm Herbert Smith Freehills for a third day of debate in his fight with Rugby Australia.

The three-person panel is not expected to reach a decision on Tuesday, but it’s hoped the severity of any breach of Folau’s four-year, $4 million contract will be determined.

While Rugby Australia appears intent on terminating Folau’s contract for his provocative social media posts, NSW Waratahs chairman Roger Davis has called for “common sense” and a settlement.

“This is a no-win situation for the game and fans, and I’d like to see it resolved as quickly as possible,” Davis told The Sydney Morning Herald.

“I think a settlement is a common sense approach … it would be smart. If this goes for a long time there are definitely no winners.

If there’s no settlement, it’s likely either Folau or RA will appeal any decision. That will mean a second code of conduct hearing – with a new independent panel – will be required.

The star fullback is being represented by high-profile solicitor Ramy Quatami and barrister Adam Casselden when he appears before the panel of chairman John West QC, RA representative Kate Eastman SC and the Rugby Union Players’ Association-elected John Boultbee.

Folau and RA will have until 72 hours after any decision is handed down to appeal.

However, some employment law experts believe the final verdict could take months or even years to reach.

At the weekend, Giuseppe Carabetta, from the University of Sydney Business School, described the complex case as a “perfect storm of conflicting religious, corporate sponsorship and moral issues”.

It has almost been a month since Folau’s posts on Twitter and Instagram triggered a firestorm of reaction. RA’s integrity unit deemed Folau had committed a high-level breach of the code of conduct warranting termination of his employment contract

The Wallabies superstar back, who signed a new four-year deal in February, opted to have the matter referred to a code of conduct hearing rather than accept termination.

Folau’s team has argued that RA did not include a specific social media clause in his new contract and that his posts were merely passages from the Bible and not directly his words.

RA, represented by Justin Gleeson SC, has argued that, regardless of the lack of such a clause, Folau seriously breached the governing body’s broader code of conduct policy and its inclusion policy.

Among the rugby figures to appear at the hearing so far are RA chief executive Raelene Castle, Wallabies coach Michael Cheika and NSW Rugby Union boss Andrew Hore. It is not known who the panel will hear from on Tuesday.

-with AAP

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