‘Very close to a resolution’: Last-minute negotiations turn Lomax case on its head

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By Dan Walsh
Updated

The legal tussle between Melbourne and Parramatta over the fate of Zac Lomax is set to be resolved as early as Tuesday morning as last-minute negotiations between the Storm and Eels edge closer to a resolution that would avoid a potentially damaging Supreme Court case.

The anticipated courtroom showdown on Monday between Parramatta and the NSW Origin and Kangaroos star switched tack on the eighth floor of the NSW Supreme Court, with several hours of adjournments granted by presiding Justice Francois Kunc in the hope the parties could reach a settlement.

Former Eels star Zac Lomax remains at the centre of a contact dispute.Credit: Getty Images

Following three separate adjournments on Monday, Lomax’s barrister, Adam Casselden, told the court at 2pm that “my present instructions are [that] the parties are very close to a resolution”.

Casselden requested a further delay to the trial’s commencement until 10am Tuesday in the hope of reaching an out-of-court settlement.

Eels representative Arthur Moses SC agreed to the arrangement, though was prepared to proceed with his opening statements as well, with Parramatta CEO Jim Sarantinos, chairman Matthew Beach and football manager Mark O’Neill in attendance.

Lomax was not present for the commencement of proceedings, but arrived at the Supreme Court once further attempts at a private settlement had begun behind closed doors. Negotiations are expected to continue throughout Monday evening, with informed sources on the matter indicating the ball is effectively in Melbourne and Lomax’s court to get a deal done.

Parramatta Eels CEO Jim Sarantinos (right) and football manager Mark O’Neill (left) arrive at the Supreme Court in Sydney on Monday.

Parramatta Eels CEO Jim Sarantinos (right) and football manager Mark O’Neill (left) arrive at the Supreme Court in Sydney on Monday.Credit: Kate Geraghty

Lomax wants to sign a new contract with Melbourne after being granted a release from Parramatta last year to join the since-delayed Rugby 360 competition.

The terms of Lomax’s release from the final three years of his $700,000-a-season Eels deal meant he couldn’t return to the NRL with a rival club before October 31, 2028 without Parramatta’s written agreement.

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Lomax’s lawyers claim the Eels have breached the deed of that release by unreasonably withholding their consent since Melbourne began their attempts to sign him.

Lengthy negotiations involving proposed player swaps and transfer fees have so far failed to resolve the impasse.

The Eels have knocked back offers of $100,000, $200,000, and $300,000, which included a $211,000 salary cap component to subsidise the wage of Ryan Matterson. The out-of-favour forward has inadvertently become collateral damage at a time when his own future is clouded after again suffering concussion-type symptoms.

The NRL was dragged into the legal stoush when Parramatta issued a subpoena to obtain documents relating to head office’s involvement in the matter.

The NRL’s submission was presented to the court on Monday morning.

In documents tendered to the Supreme Court on February 13, it was revealed Storm chief executive Justin Rodski allegedly sent a text message to NRL CEO Andrew Abdo stating: “Hi Andrew, not getting anywhere at this point, can you apply the blow torch on parramatta [sic] to get this done.”

Rodski added: “Lomax staying in the NRL is obviously a win for the game.”

According to a document tendered to the court by the Eels: “This message was an attempt to use the NRL to place pressure on the Parramatta Eels to resolve the matter on terms acceptable to the Melbourne Storm.

“During negotiations, this communication was not disclosed by the Melbourne Storm to the Parramatta Eels. It is not known whether any other communications have occurred between the NRL and the Melbourne Storm concerning the placing of pressure or otherwise on the Parramatta Eels to accept offers made by the Melbourne Storm.”

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