Jack de Belin is set to launch a Federal Court appeal that will result in a fresh legal challenge to the validity of the NRL's controversial "no fault" stand-down policy.
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It has been revealed de Belin will lodge the action on Friday, just before the 21-day deadline to do so expires. The move came just a day after Israel Folau's legal representatives filed applications with the Fair Work Commission in a bid to deal with the termination of his $4 million Rugby Australia contract on religious freedom grounds.
De Belin's decision to fight on, the result of a series of secret meetings with legal advisors, is believed to have caught the NRL off guard. Only three weeks ago, Justice Melissa Perry ruled in favour of the ARL Commission in the landmark case after wading through more than 3000 documents and hearing four days of evidence in the Federal Court.
De Belin's appeal will put that decision under the microscope as he attempts to make an immediate return for St George Illawarra. The Blues forward has engaged new legal representation, who must prove Justice Perry made an error of law in reaching her verdict and that the mistake was significant enough to overturn the decision. Usually a Full Court of three or more judges sitting together will hear an appeal, although no new evidence can be submitted and witnesses can't be called. However, legal argument can be heard from both parties, with the burden on de Belin's team to prove a principle of law was incorrectly applied or that Justice Perry's finding wasn't supported by the evidence.
Justice Perry's original decision was a huge win for the governing body, which was under pressure to take action after a series of off-field incidents damaged the game's brand. Several sponsors, most notably major backer Telstra, threatened to walk away if strong action wasn't taken.
To that end the NRL introduced "rule 22a", whereby any player charged with an offence carrying a maximum prison term of 11 years is automatically stood down until their court proceedings are finalised.
De Belin has pleaded not guilty to charges of aggravated sexual intercourse stemming from an incident involving him and Shellharbour Sharks Group 7 player Callan Sinclair in Wollongong in the early hours of December 9. De Belin last month had two additional charges laid against him in relation to that matter.
The new protocols are believed to be the first of their kind in world sport. The ARLC was unanimous in backing the new hardline stance in player behaviour, although chairman Beattie quickly became the face of the campaign to have them introduced. Speaking after Justice Perry's decision, he conceded his job was at risk if they didn't withstand legal scrutiny.
"I'm not stupid, I knew my leadership was on the line," Beattie said at the time.
Beattie's position could again come into question if the Full Court overturns the original decision. Such a move would have widespread ramifications for the game, beginning with de Belin's immediate reintroduction into the Dragons side.
The Dragons are seeking a salary cap exemption from the NRL in order to field a replacement for de Belin, with the parties arguing over who should fit the bill. It will become a moot point if de Belin is successful in his latest legal bid.
