Also, just to throw in my $2 worth on the contract registration issue.
Milford is contracted to the Raiders for 2014. Milford has sought a termination by consent. If the Raiders refuse to consent to an early termination of his contract, Milford would need to breach/repudiate his contract with the Raiders to sign with the Broncos for 2014.
Among other things, that contract no doubt contains a clause stating that while Milford is contracted to the Raiders he cannot play rugby league, or rugby union, or perhaps any other professional sport. It might even go so far as to say that if you repudiate this contract you agree not to play professional sport for any other club in Australia for a period of x years/12 months.
That said, you can't make him play. Hence the option to sit out until 2015.
This is a restraint of trade clause that others have mentioned above. It's often inserted into other employment contracts to stop employees from stealing trade secrets/clients after you leave the company.
The general rule is such clauses are prima facie void unless they:
1. protect a legitimate commercial or other interest;
2. do not go beyond what is reasonable to protect that interest;
I am not sure if the restraint of trade clause has been tested in Australian in the context of a rugby league contract.
Also, the NRL refusing to register his contract, could also be seen as an indirect restraint of trade. You play for the Raiders, or you don't play at all. The NRL does play a bit of a quasi-judicial function here, essentially determining whether or not a contract is lawful before registering it. They hide behind the purpose of keeping the level playing field and the probity of the salary cap, but really they like playing the all knowing master.
I think the Raiders would fail in enforcing a restrictive covenant against Milford, particularly because they appear to have acted unconscionably in not honouring the Halo sickness clause. The NRL might wave its big stick "for the good of the game" or some other ridiculous arbirtary reason which will
I don't think we will see this one played out in Court at all and I don't think Milford would be willing to roll the dice, even if his prospects were very good of success - if he's wrong, then really the only option is to sit out... bit awkward going back to training with a club you now hate and have been fighting in Court for months. You look at the interests of the parties - Milford wants to be with his father but not at the expense of sitting out 2014. The Raiders just want to stop leaking talent.
So it probably comes down to what's going on in Milford's head and whether he has the guile to put the Raiders threats to one side and run the gauntlet. He asked for the release after getting flogged by Melbourne. Can Ricky Stuart can talk him down?
I think the Broncos offer a much better proposition as a professional sporting club and a better environment than Canberra and one closer to home.
The Broncos are a club with the calibre to make him a superstar. Broncos players are first picked in Origin sides, despite their shortcomings - do you really see Gillett playing Origin if he was not at the Broncos? The Raiders have consistently shown their inability to manage their talent (Carney, Dugan, Ferguson), especially in the small town fish bowl of Canberra.
The Broncos can nurture Milford. They can build a personal brand for him like Karmichael Hunt, Israel Folau. The Raiders will use him up and spit him out.
Despite 2013 season results, the Broncos are still the biggest club in the competition. The club that plays every Friday night, not at 9:30 on Saturday night on Foxtel.
Come play with the big boys.
Or flail around with topsy turvy Ricky Stuart and the Raiders trying to relive the glory days.