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ABC News
ABC News
National
By Iskhandar Razak

Israel Folau to get his day in court in February, as date set for unfair dismissal trial

Israel Folau's multi-million dollar unfair dismissal case against Rugby Australia is set to go to trial in February next year.

The date was set by Federal Circuit Court Chief Judge Will Alstergren at a directions hearing in Melbourne this morning.

Folau was not in court for the hearing.

The case will go to mediation on December 13, but if that fails to produce an outcome, a three to five day trial will start on February 4.

During the short hearing, Folau's legal team accused Rugby Australia and NSW Waratah's solicitors of trying to delay proceedings, which they denied.

Chief Judge Alstergren said he was "not going to let anything delay the case", which included the possibility of an out-of-court resolution.

"The matter of mediation is incredibly important in modern litigation," the chief judge said.

"We have excellent mediators, inside the court, registrars of great experience that can facilitate a mediation."

'Test case' for freedom of religious expression

Folau's contract was terminated by Rugby Australia in May after he posted to social media that homosexuals, among others, would go to hell.

Rugby Australia said the post breached its professional players code of conduct, a decision that was upheld by an independent tribunal.

In his initial application to the Fair Work Commission, Folau stated he would seek about $10 million in compensation for the remainder of his contract and lost commercial opportunities.

The Australian Christian Lobby has raised more than $2 million to support Folau's case.

Folau was regarded as one of the Wallabies' most important players and would have been an integral part of the team for September's Rugby Union World Cup in Japan.

Legal experts have said the coming court battle is a "test case" that will establish what holds sway before the courts — an employer's rights via an employment contract or their employee's freedom of religious expression.

Another directions hearing is scheduled for December 17, following the outcome of the mediation.

Outside court, Folau's lawyer George Haros said the player's legal team was "very pleased" with the outcome of this morning's hearing.

He did not rule out striking a deal in mediation before the matter went to trial.

"It's been publicly acknowledged by Israel and his team that he still seeks that apology, and that's still very important to him," Mr Haros said.

He said an apology would "come a long way to resolving the dispute".

"Obviously Israel's very forthright in his views and he's extremely strong at this stage of proceeding."

There is a debate over whether the case will be heard in Sydney or Melbourne.

Chief Judge Alstergren said his court was a national court for work place matters, but had no problem on the location.

"If you won't come to us, we will come to you," he said.

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