‘We’re sticking up for what’s right’: Inside the Lomax legal stoush

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About half-an-hour into a recent members’ forum, attended by 100 card-carrying Parramatta NRL fans, talk briefly turned to the biggest rugby league story of the summer, the plight of Zachary John Lomax.

“Obviously a very topical topic,” Eels chairman Matthew Beach told those assembled at the club’s Kellyville headquarters in western Sydney after being handed the microphone.

Zac Lomax celebrates a try for Parramatta.Credit: Getty Images

“I can’t say too much because it’s before the courts, but I guess what we can say is that on one hand, we’ve been trying to negotiate and get an outcome. We’d prefer not to be in court, but we don’t apologise for being in court, because we need to stick up for what’s right for our club.

“What we’re endeavouring to do is get an outcome that makes our football program better. There has been lots of commentary about cash-only offers, but that doesn’t help in the salary cap-constrained environment to make our football program stronger … We are all about making our football program stronger.

“We’re also making sure we stand up for what we think is right for our coaches, our staff, and importantly our members, sponsors and fans.

“It’s probably right to say we’re going to continue the good fight.”

Those remarks were met with rapturous applause. Since commencing legal proceedings against Lomax to prevent him from joining Melbourne, the Eels have won the PR war. Had Parramatta allowed the Blues star to transfer, to the detriment of their football program, those same fans who were applauding Beach may instead be looking to burn the joint down, Cumberland Oval style.

However, the real victor will be decided in courtroom 8A of the Supreme Court in Sydney, after a hearing that begins on Monday. It is there that Justice Francois Kunc will determine the sanctity of Lomax’s contract, the validity of any restraint – he agreed that he couldn’t return to the NRL before October 31, 2028 without Parramatta’s written submission – and any good-faith issues that have subsequently arisen.

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So far, the only winners have been the lawyers, given each party is likely to rack up an estimated legal tab of up to $400,000 each. There could also well be salary-cap implications after Melbourne indemnified Lomax.

There has been little sympathy for Lomax. Perhaps blinded by the promise of R360 riches, the 26-year-old shelled out $4 million on a stunning three-bedroom, 1005 square-metre oceanside house at Barrack Point, two hours south of Sydney. Two weeks after accepting the Eels’ release terms – and just a year after being released by the Dragons – R360 postponed its inaugural season until 2028. Sceptics think it won’t happen then either.

The clubless Zac Lomax.

The clubless Zac Lomax.Credit: Wolter Peeters

There have been subsequent offers for Lomax to play rugby, but a cross-code switch held less appeal if it meant pocketing less than half of the $700,000 per annum that he had left behind at Parramatta. The Eels will likely contend this week that, had R360 got off the ground, Lomax wouldn’t be playing in the NRL this season, and he would be preparing for the breakaway competition by playing rugby somewhere else, on considerably less money.

Instead, the Storm entered the fray and attempted to sign Lomax without Parramatta’s consent, leading us all to the saga that is about to play out in court.

Attempts to settle the matter on the courtroom steps have failed. The Eels have knocked back offers of $100,000, $200,000, and a final one of $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 tried to intervene to end the impasse, but to no avail. They have now been dragged into proceedings by a Parramatta club that suspects they have sided with the Storm.

‘We don’t apologise for being in court, because we need to stick up for what’s right for our club.’

Parramatta chairman Matthew Beach, during a recent Eels members forum

So what is a fair trade in return for Parramatta allowing Lomax to join Melbourne?

Four years ago, to secure uncapped teenager Karl Oloapu, the Bulldogs paid the Broncos a $500,000 transfer fee. Last year the Tigers cut loose Lachlan Galvin for $165,000.

But perhaps the best pointer towards what clubs now expect in the form of recompense came last week. The Warriors agreed to release forward Mitchell Barnett – who like Lomax is an incumbent NSW Origin player – on compassionate grounds. The caveat? In the words of Warriors chief executive Cameron George, the club demands to be “compensated in the form of a player or two”. This now appears the going rate in such matters.

Parramatta were prepared to exchange Lomax for Storm players Xavier Coates, Stefano Utoikamanu or Jack Howarth – or to have the remainder of Matterson’s contract paid out. It’s unsurprising the parties couldn’t agree. Melbourne’s depth was already being tested following the departures of Ryan Papenhuyzen, Nelson Asofa-Solomona, Jonah Pezet and the medical unavailability of Eli Katoa. They could ill afford to let another player go.

Zac Lomax during his Dragons days.

Zac Lomax during his Dragons days.Credit: Getty

The saga has provided a summer of fodder. Beat reporters have switched their focus from pre-season trials to the legal variety. The courtroom has already provided great theatre as Parramatta, under the guidance of senior counsel Arthur Moses, landed several early blows. Melbourne has been painted as bullies; their chief executive allegedly asked the NRL to apply the “blow torch” to the Eels to get a favourable outcome. It’s also alleged Melbourne entered into an in-principle deal with Lomax on Christmas Eve – five days before they contacted the Eels. And Storm chairman Matt Tripp – described as the “central player” and “chief strategist” in the saga, will be forced to provide his evidence in person, rather than via video link from overseas.

The original hearing dates have been pushed back, thwarting the Storm’s attempts to have Lomax available for their opening-round game against – who else? – Parramatta.

All of this, however, is a sideshow. Melbourne’s lawyer, Adam Casselden, is one of the country’s top silks. His client lists includes Israel Folau, having represented the code-hopper in his stoush with Rugby Australia. Casselden will get his turn to put forward the Storm’s version of events. On Monday, Justice Kunc will decide who is right and wrong.

Lomax, meanwhile, has become both a pariah and cautionary tale. Lured by the promise of untold R360 riches – in the form of American, and potentially tax-free dollars – he and his management have come unstuck. Those close to the Temora product, who hasn’t earned a wage for months and has no team to train with, say he’s been struggling while in limbo. A courtroom win is unlikely to do much for a reputation tarnished.

All of this adds spice to the round-one clash between the Eels and Storm on Thursday, even though Lomax won’t play. There has been little love between the clubs since their 2009 grand final, which Melbourne won after rorting the salary cap at an industrial level.

The latest rematch will be an explosive affair. So too the court case that precedes it.

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