NEWS Lodge's league exile officially over

Broncs_Fan said:
I'm sure Lodge has had legal advice on this. He isn't paying because it isn't enforceable here. If it was enforceable, you'd presume the US lawyers would have engaged Australian lawyers to enforce it here.
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This, it isn’t enforceable under statutory provisions and it is a matter of significant debate whether such a judgement would be admitted under Common Law or Equity Relief Principles.

As the Lawyer is bleating publicly rather than instructing Australian Lawyers to commence proceedings in Australian Courts, I’m thinking the answer is pretty straight forward...

However were I in Lodge’s shoes, I’d probably have a good hard think about any future plans to travel to the USA...
 
Foordy said:
It is not as clear cut as you seem to think. but before it does become enforceable, the victims need to get on a plane and get an enforcement order from an Australian court.

If they've done the trial properly, then that order will likely have been granted ... if not then maybe they can get their 1.6 million by suing their lawyers for malpractice (or whatever it is called in the legal profession) ... hell, maybe they can just re-file and do it properly this time.

but one thing is for sure... this isn't over yet, regardless of how many people want it to be.

and if they do try to get an enforcement order, then maybe he should show up this time and actually fight it
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No they don’t, they simply instruct local lawyers and proceed by way of affadavit evidence.

There was no trial as Lodge didn’t appear. It was simply a judgement made against him upon application of the plaintiffs.

If enforcement proceedings are commenced in Australia, they have to serve or arrange to serve notice on him of the proceedings. They cannot simply get a judgement in his absence for this in Australian courts. If they attempt to do this however (and I am convinced they will not, btw) I’m sure he will properly instruct his legal reps to oppose the enforcement order.

He has much stronger grounds to oppose such an order than they have for it to be granted on the face of it.
 
Jason Simmons said:
No they don’t, they simply instruct local lawyers and proceed by way of affadavit evidence.

There was no trial as Lodge didn’t appear. It was simply a judgement made against him upon application of the plaintiffs.

If enforcement proceedings are commenced in Australia, they have to serve or arrange to serve notice on him of the proceedings. They cannot simply get a judgement in his absence for this in Australian courts. If they attempt to do this however (and I am convinced they will not, btw) I’m sure he will properly instruct his legal reps to oppose the enforcement order.

He has much stronger grounds to oppose such an order than they have for it to be granted on the face of it.
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do you think he would have a good chance to have the order scrapped entirely ... or would he be better off trying to challenge the figure?
 
Jason Simmons said:
This, it isn’t enforceable under statutory provisions and it is a matter of significant debate whether such a judgement would be admitted under Common Law or Equity Relief Principles.

As the Lawyer is bleating publicly rather than instructing Australian Lawyers to commence proceedings in Australian Courts, I’m thinking the answer is pretty straight forward...

However were I in Lodge’s shoes, I’d probably have a good hard think about any future plans to travel to the USA...
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He would be an idiot to even think about going back to the states
 
mitch222 said:
He would be an idiot to even think about going back to the states
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I'm sure that's the last thing he plans to ever do.

Just get back to playing good footy so the Broncos can improve his deal to give him a bit of money to support himself and don't worry about what some grandstanding journalist has to say.
 
Foordy said:
do you think he would have a good chance to have the order scrapped entirely ... or would he be better off trying to challenge the figure?
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The time has probably passed to have the default judgment set aside. In any event it's not like Lodge can afford legal representation in the United States to do that.

The Australian courts could not alter a US judgment. They could only decide whether to enforce it or not here upon application by a local practitioner.

In any event the fact that the US lawyers have not moved to enforce it here by engaging local representation strongly indicates it can't be done in this particular case.

I'd say bleating in the media is probably a strategy to create media interest and put moral pressure in the NRL/Broncos. It wont work though. The NRL has already cleared Lodge to return after he jumped through their hurdles. Just like Packer did.
 
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Foordy said:
do you think he would have a good chance to have the order scrapped entirely ... or would he be better off trying to challenge the figure?
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Australian courts have no authority to alter the judgement, if he defends it, it would be to oppose the original judgement being enforced in Australia at all.

Given the legal requirement of the original judgement required to be ‘exercising jurisdiction in the international sense’ I think there is an excellent chance this original judgement would not be recognised by Australian courts, which is why the US lawyer is trying to play this through the media, rather than the courts.
 
Jason Simmons said:
Australian courts have no authority to alter the judgement, if he defends it, it would be to oppose the original judgement being enforced in Australia at all.

Given the legal requirement of the original judgement required to be ‘exercising jurisdiction in the international sense’ I think there is an excellent chance this original judgement would not be recognised by Australian courts, which is why the US lawyer is trying to play this through the media, rather than the courts.
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It's pretty crappy lawyering in my opinion. Lodge is not going to pay the bill. And no one is going to force him to. This lawyer just doesn't understand that once NRL has cleared someone to return after they have jumped its hurdles, it is not going to go back on their decision or make Lodge paying the compensation a condition of his employment.

I can only think this particular law firm goes for a lot of these judgments and every now and again they enforce one.
 
Broncs_Fan said:
I'm sure Lodge has had legal advice on this. He isn't paying because it isn't enforceable here. If it was enforceable, you'd presume the US lawyers would have engaged Australian lawyers to enforce it here.
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He isn't paying simply because he does not have the means. He fully intends to make restitution when able. Behind the scenes his legal reps have been trying to negotiate a more attainable figure.
 
Huge said:
He isn't paying simply because he does not have the means. He fully intends to make restitution when able. Behind the scenes his legal reps have been trying to negotiate a more attainable figure.
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For once I completly agree with you huge. The victims lawyer should really be hoping he does really well in the NRL so they can see their money quicker. At the moment he's only 85k a year, he almost fits the requirements for centre link payments, give the guy a chance
 
James Hooper is pretty much spot on with this I reckon. I just hope he stays out of trouble and plays well. Most people deserve a second chance and I hope he gets his life back on track.
 
roo-ted said:
For once I completly agree with you huge. The victims lawyer should really be hoping he does really well in the NRL so they can see their money quicker. At the moment he's only 85k a year, he almost fits the requirements for centre link payments, give the guy a chance
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FTR, he isn't on 85k a year ... he can't be as the minimum wage has risen to around 100-120k a year
 
Foordy said:
FTR, he isn't on 85k a year ... he can't be as the minimum wage has risen to around 100-120k a year
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Oh ok I remember when he first signed people were saying he was signed for 85k? Even still, with today's cost of living 100k isn't that much
 
roo-ted said:
Oh ok I remember when he first signed people were saying he was signed for 85k? Even still, with today's cost of living 100k isn't that much
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It's not much for a footballer with a limited career. I'd take it any day of the week though.
 
Foordy said:
FTR, he isn't on 85k a year ... he can't be as the minimum wage has risen to around 100-120k a year
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What was he on last year and how much of that minimum contract has he been paid this year?

If everyone who is whinging online actually cared about the family involved they would want Lodge to earn as much as he can, as quickly as possible so they can get their money. If he was earning 50k a year in a normal job that family would never get a cent. Let him earn a dollar so he can pay it back
 
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