Australian rugby/RA

[Wilson]

Most interesting thing about this whole story is that Foketi is being represented by Michael Wells (former Brumbies/tahs/Rebels/Force player).

Overall it sounds like Foketi screwed up in not properly taking leave or working this out via his manager first, and RA are probably being a bit heavy handed in not spending a single dollar they don't have to, but that's a change that probably should've happened years ago. Sucks for Foketi, but probably an important stance for RA to take going forward.

 

[Dctarget]

Most interesting thing about this whole story is that Foketi is being represented by Michael Wells (former Brumbies/tahs/Rebels/Force player).

Overall it sounds like Foketi screwed up in not properly taking leave or working this out via his manager first, and RA are probably being a bit heavy handed in not spending a single dollar they don't have to, but that's a change that probably should've happened years ago. Sucks for Foketi, but probably an important stance for RA to take going forward.

Damn, Wells got into law pretty hot quick, didn't he play last year? I don't know if I'd want a grad lawyer representing me.

 

[Ignoto]

But RA had no idea he’d gone until reading the article and seeing the video interview on the Chiefs’ website, and asked Foketi for a please explain.

Foketi claims he did not breach the contract, returning to Sydney on November 7 for a four-hour promotional clinic in Penrith.

Foketi is being represented by BlackBay Lawyers Associate Michael Wells, himself a former Waratahs player.

“Doing promo content for a future team is pretty standard in the industry,” Wells said.

Both Foketi and Wells are demonstrating their business naivety. I reckon if you told RA / The Tahs that the Chiefs wanted you to do pop over to do some promo that RA would have been ok with it. Especially considering we saw the inverse was done for Ross and the Reds last year (or was it this year, I've lost track).

What the hell do Foketi and Wells think happens in the real world? Speaking firsthand, I have seen partners jumping between big 4 and other Professional Service firms be put on gardening leave after they announce they're moving firms. I guarantee if a partner did promo for their new firm while still employed by the other firm a similar thing would occur.

Poor judgment by Foketi.

 

[rugbyAU]

I don't think the 'threat' to never play for the Wallabies again is particularly relevant....

Yeah his Wallaby career finished in 2023

 

[Wilson]

Damn, Wells got into law pretty hot quick, didn't he play last year? I don't know if I'd want a grad lawyer representing me.

Looks like he picked up a bit of experience with Tattarang and Minderoo while at the Force, but has only been practicing for about a year. Seems to be framing himself as a sports lawyer though, so it might be that he is the face of it to generate a bit of noise for the firm. Foketi will definitely be hoping his court room record is better than his playing one though.

 

[Braveheart81]

While it's frustrating that it will cost Rugby Australia money, it's probably a smart move from Foketi.

It's unlikely to make any sense for Rugby Australia to defend the claim. The amount owing to Foketi for the remainder of his contract is unlikely to be more than what it would cost to defend a court action.

I'd guess the likely outcome is they settle it and everyone moves on.

 

[stoff]

Both Foketi and Wells are demonstrating their business naivety. I reckon if you told RA / The Tahs that the Chiefs wanted you to do pop over to do some promo that RA would have been ok with it. Especially considering we saw the inverse was done for Ross and the Reds last year (or was it this year, I've lost track).

What the hell do Foketi and Wells think happens in the real world? Speaking firsthand, I have seen partners jumping between big 4 and other Professional Service firms be put on gardening leave after they announce they're moving firms. I guarantee if a partner did promo for their new firm while still employed by the other firm a similar thing would occur.

Poor judgment by Foketi.

You think?

This seems to be what RA has relied upon to hold his payment: https://chiefs.co.nz/news-item/gallagher-chiefs-welcome-lalakai-foketi/
This is the Wallabies Pete Samu announcement whilst he had a very similar duration left on his UK contract: https://australia.rugby/news/pete-samu-to-return-to-australian-rugby-2025521

I think RA will be paying Foketi out. Wells is getting his piece of the pie too. I'd say poor judgement by RA.

 

[Upthemaroon!]

You think?

This seems to be what RA has relied upon to hold his payment: https://chiefs.co.nz/news-item/gallagher-chiefs-welcome-lalakai-foketi/
This is the Wallabies Pete Samu announcement whilst he had a very similar duration left on his UK contract: https://australia.rugby/news/pete-samu-to-return-to-australian-rugby-2025521

I think RA will be paying Foketi out. Wells is getting his piece of the pie too. I'd say poor judgement by RA.

I mean 'but they did it aswell!' doesn't hold up in court if it wasn't another court case. I don't know if there is precedent, RA/Tahs shouldn't be so difficult over a months worth of salary. Anyway, could have been an email kinda thing.

Does anyone know if Lomax has toured the Brumbies HQ as well? Would like to see what Lomax can do at 15, just not at any like he could earn in the NRL.

 

[John S]

Mouse button stuck or something?

 

[Ignoto]

This is the Wallabies Pete Samu announcement whilst he had a very similar duration left on his UK contract: https://australia.rugby/news/pete-samu-to-return-to-australian-rugby-2025521

Yeap - these types of arrangements happen all the time. What I would say in your example is, Samu did not perform any type of official work while he was at Bordeaux. What you have linked is a stock photo from previous years Wallaby shoots and an announcement page.

Foketi has travelled across the ditch, donned Chiefs gear whilst still being a Waratah and Rugby Australia employ.

The better example comes from Ross's announcement last December whilst he was a Chiefs and NZRU player - https://reds.rugby/news/aidan-ross-...after-2025-super-rugby-pacific-season-2024129

Ross is in Queensland gear at Balleymore.

As I said previously, I reckon Ross / Reds probably had permission for this to occur. Whereas, Foketi was naive.

Ultimately, RA is a business and in my eyes and experience conducted themselves like a business. You need to draw a line somewhere, and for RA, the line would presumably be "seek approval before conducting official duties for your new club". Otherwise, if they didn't clamp down on it now, an argument could be made that if someone did this mid season, popped over to NZ/Japan during a bye week that RA has shown it's not a problem.

I'm sure Foketi will get his $38k, minus whatever Wells + his partner take unless it wasn't Pro Bono.

This is just usual business practice that I see on a regular basis.

 

[Red Runner]

Don’t RUPA fund (or partially fund) degrees for players? Wonder if they did so for Wells. Somewhat ironic then. He was definitely a former director.