https://www.smh.com.au/sport/jack-d...him-over-criminal-charge-20190306-p5128k.html
St George Illawarra Dragons star Jack de Belin is suing the NRL for misleading and deceptive conduct and challenging its power to suspend him as he faces a criminal trial for aggravated sexual assault.
In documents filed in the Federal Court, Mr de Belin claims the NRL and the Australian Rugby League Commission – the sport's governing body – did not have the power to suspend him on February 28 and it was "misleading or deceptive" to claim they had done so.
He also claims the NRL and ARLC have engaged in misleading or deceptive conduct by making public comments suggesting they had "formed a view that [he] was guilty" of sexual assault and had "engaged in conduct that warranted his immediate suspension" from the club.
His lawyers say those claims, which have been "repeated in the national media and continue to be repeated and disseminated throughout Australia", have caused "irreparable damage" to Mr de Belin's reputation and financial loss.
Mr De Belin, 27, and Shellharbour Sharks player Callan Sinclair, 21, were charged in December with aggravated sexual assault after they were allegedly involved in an incident with a 19-year-old woman in Wollongong during a night out on December 9.
The men have pleaded not guilty to the charges and will next appear in court on April 17.
Mr de Belin is asking the Federal Court to order the NRL and the ARLC to issue a press release and place corrective advertising in the
Sydney Morning Herald,
The Age and a raft of other mastheads stating that: “The NRL has not suspended St George Illawarra player Jack de Belin. He is available to play for St George Illawarra.”
He also wants the court to award him damages and costs and make a range of declarations, including that he was not "validly suspended or stood down" from the sport and that the NRL and the ARLC engaged in misleading or deceptive conduct and unconscionable conduct.
Mr de Belin's lawyers claim a major change to the game's disciplinary policy, announced on February 28 and requiring the automatic suspension of players accused of serious crimes, amounts to an unreasonable restraint of trade and is a "threatened suspension" rather than a suspension that has taken effect.
He is seeking an order permanently restraining the NRL and ARLC from inserting the new rule into the NRL Rules or NRL Code of Conduct.
Under the ARLC's old policy, players who pleaded not guilty to alleged offences were allowed to continue playing while the matters were dealt with in court.
Under the new policy, affecting the upcoming NRL competition, any player who is charged with an offence that carries a maximum prison term of 11 years or more will be automatically stood down.
NRL chief executive Todd Greenberg also has discretionary powers to stand down players charged with offences involving the assault of women or children. Players will be allowed to continue to train with their teams and remain on full pay.
Mr de Belin's lawyers say neither the NRL nor the ARLC had in their possession "any evidence capable of enabling them to properly form a view as to whether de Belin engaged in the alleged offence or conduct that constituted a breach of the NRL Code of Conduct".
An NRL spokesman said on Wednesday: "We have this afternoon received legal documents relating to Jack de Belin. We are currently reviewing those documents."
The parties will appear before Justice Steven Rares for a preliminary hearing on Thursday.
