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The Eels have initiated legal proceedings against Lomax, asserting that he must gain the club\u2019s written consent before being able to sign with a rival club following his high-profile release last year.<\/p>\n
At the time, Lomax expressed his desire to chase an opportunity in R360, but when the global rebel rugby union competition failed to launch, Lomax was left in contract limbo.<\/p>\n
The Eels granted Lomax a release one year into his four-year deal and included a provision that he not be able to play for a rival NRL club during his contract period unless Parramatta gave its consent.<\/p>\n
Lomax attempted to sign with the Storm, but the Eels have asked for compensation \u2013 putting forward a proposition they be given a player.<\/p>\n
The club said Lomax signalled his intention to claim that the terms of the release were not enforceable, prompting it to launch legal action in the NSW Supreme Court.<\/p>\n
The matter is due to be heard during a two-day hearing before Justice Francois Kunc next Thursday and Friday.<\/p>\n
Whether the contract to release Lomax was valid and Lomax\u2019s claim that it represented a restraint of trade are central to the case, the court was told.<\/p>\n
Lomax\u2019s barrister Adam Casselden SC on Tuesday told a directions hearing that the court would need to decide a third issue.Zac Lomax is in a contract stand-off with his former club.Source: Supplied<\/p>\n
Mr Casselden said if it was determined that the restraint was valid, they would argue that the Eels had a duty to co-operate and act in good faith.<\/p>\n
The court was previously told that the Eels had issued subpoenas to the Melbourne Storm, Lomax\u2019s manager Clinton Schifcofske and solicitor Ramy Qutami.<\/p>\n
Eels barrister Arthur Moses SC told the court on Tuesday that it had been discovered in the subpoenaed material that Lomax had entered into a contract with R360.<\/p>\n
He told the court that the contract was conditional upon Lomax securing a release from the Eels.<\/p>\n
And he said Lomax entered into the R360 agreement prior to being granted a release from the Eels.<\/p>\n
\u201cWhat we do know now, Your Honour, from documents that have been produced under subpoena, is that he entered into a provisional contract with R360 conditional upon him securing a release from the plaintiff (the Eels), prior to securing that release from the plaintiff,\u201d Mr Moses told the court.<\/p>\n
Mr Moses also told the court that prior to the Storm approaching the Eels for their written agreement, Melbourne entered into a preliminary contract agreement with Lomax.<\/p>\n
\u201cWhat we also know from the documents that have been subpoenaed is that prior to the Melbourne Storm approaching Parramatta for discussions to get its consent \u2013 that he be able to play for the Melbourne Storm in the competition this year \u2013 they had entered into, in effect, a contract,\u201d he said.<\/p>\n