One sliding door moment could tip the scales. That is why it matters that Supreme Court justices approach equity seriously and are not swayed by even the loudest of drumbeats. Especially now, after Peter V’landys, the NRL’s Commander-In-Chief and self-proclaimed custodian, along with national coach Kevin Walters, have ventured into territory that invites the Eels’ case to be nuked or trimmed down.
As an Eels supporter of more than 45 years, disappointment barely covers it. I can’t recall ever feeling this let down by the game’s leadership.
For months, V’landys assumed near-biblical authority, publicly championing tougher new anti-tampering laws for contract sanctity, player loyalty over R360 money grabs, and ten-year bans for any player who entered into agreements with R360.
Court discovery documents have been revealing. They shows Zac Lomax entered into a provisional contract with R360 prior to his release from the Eels. Then, after R360 collapsed, he entered into another NRL contract with the Storm, which was officially uploaded before the Eels’ consent and in breach of the release terms. Those matters are capable of supporting an inference of a fait accompli and bad faith.
Against that backdrop, V’landys’ apparent backflips, and the willingness to look the other way —because Lomax is "human" and one of the game's "best players"— is striking. That begs a question: how does contract sanctity, bad-faith deeds, anti-tampering, and tough talk apply to all the other humans in the game?
Prima facie, the Lomax case initially seemed simple.
Lomax wanted out early to leave the NRL and play rugby union with R360. The Eels agreed to a conditional release on strict and express terms that were clear, lawyered, made in good faith, and registered. If he wanted back into the NRL, he needed the Eels’ consent. That was the deal. Everything was by the book.
The restraint was not designed to punish him arbitrarily. It was designed to protect the Eels from a very real and foreseeable risk: losing a contracted marquee player for nothing, only to see him immediately resurface at a rival club. That is a textbook legitimate business interest.
The uncomfortable truth is this case is not a slam dunk. That likely explains why, after weeks of radio silence assessing where the case sits, the game’s regulator weighed in to help frame the public narrative.
The NSW Exception and the Two Limbs
In Australia, restraints of trade do not live solely in contract law. They sit firmly in the courts of equity. The question is not simply what does the contract say, but whether it is fair to enforce the restraint in these circumstances.
NSW is different. Unlike all other states, its courts have the power to read down or trim restraints. A restraint that is too broad or unfairly applied can be narrowed, modified, or set aside altogether. A three-year exclusion is therefore not immune from scrutiny.
Under the Restraints of Trade Act 1976 (NSW), the Supreme Court may uphold or read down a restraint only if two limbs are satisfied:
- the restraint protects a legitimate business interest and goes no further than is reasonably necessary to protect that interest; and
- enforcement of the restraint is in the public interest.
V’landys and Walters did not merely support Lomax. They fired missiles at both limbs underpinning the Eels’ case.
“Look, it’s always been my view to keep our best players,” V’landys told Code sport yesterday in a passionate defence of Lomax.
“I’m looking at it in two ways. Firstly, Zac is a human being and secondly, as far as rugby league is concerned, my job is to have the best players playing rugby league,” directly engaging the public-interest limb.
“We all make mistakes. He’s made a mistake in thinking, but let’s not crucify the guy.
“Zac went down a different path, but at the same time, don’t over-penalise him," implicitly cautioning against an overly punitive restraint.
Walters echoed that position. On a nuclear megaphone.
“I bet Zac Lomax is playing in the NRL this year,” Walters said on his Inside Ball podcast dated 4 February.
“Is it fair on them (Parramatta Eels) to say to Zac Lomax you cannot play in the NRL ...(but) it’s a restriction of trade."
“This guy has a timeline of his official capacity to earn money."
“Contracts don’t mean anything. I had a contract with the Broncos (when Walters was dismissed in 2024). I didn’t get paid out. I got paid nowhere near the amount I was owed."
“Yes, Lomax asked to leave. He could go back to the Eels but they don’t want him."
“The clubs don’t care about players, all the time they are getting them on the players’ market."
“I’m defending Zac Lomax (right) to play the game."
“Zac Lomax will be playing for the Melbourne Storm ... but he won’t be playing in round 1 against the Eels."
The good news is none of this decides the case. But in NSW, it is not irrelevant either.
The Central Plank
The case may hinge on a narrow but decisive window — likely sometime in December 2025 — from the moment R360 delayed its launch to the point at which Lomax is proven on the evidence to have committed to the Storm.
If Lomax first approached the Eels seeking to return, but was rejected, as claimed by his camp, it could be problematic. Equity courts may be reluctant to enforce a restraint that effectively says we do not want you and you cannot work at the same time. In that scenario, a three-year restraint running to 31 October 2028 may begin to look punitive rather than protective and could be trimmed or other relief granted.
If, however, Lomax first committed to the Storm, the ground shifts the other way. That would point towards bad faith, a breach of the release agreement, and an attempt to present the Eels with a fait accompli. Equity does not generally protect parties who seek to have it both ways.
Discovery materials points in that direction, as does Lomax’s provisional R360 contract entered into prior to his release.
It also remains an open question whether Lomax was acting in good faith when the alleged return to the Eels was raised, or whether it followed a familiar pattern. That question should not be understated. Under Jason Ryles, the Eels have demonstrated flexibility for short-term arrangements such as Jonah Pezet’s one-year deal, and second chances for players who have strayed, such as Bailey Simonsson.
In the end, it may all come down to proof of who moved first.
That is the fork in the road. And whatever the surrounding noise, equity will not be distracted by spin or sideshow. It will ask whether the restraint protects a legitimate business interest, or whether it operates to punish a player who, on one view, had nowhere else to go.
Strip everything else away, and that is the question that matters.
Note: This piece is based on informal discussions and spitballing with an experienced lawyer practising in restraints, equity and contract law. It is speculative opinion only and not legal advice. The analysis may change as further discovery and evidence emerges.
LOMAX TIMELINE
BACKGROUND
• 02 Apr 2024 — Lomax granted early release from Dragons (2025–26)
• 16 Apr 2024 — Signs 4-year deal with Eels (2025–28)
R360 / CONDITIONAL RELEASE PHASE
• July–Nov 25 — Signs provisional R360 contract, conditional on Eels release
• July–Aug 25 — Requests a release from the Eels
• 15 Oct 2025 — ARLC announces 10-year R360 bans on players with R360 agreements
• 16 Nov 2025 — Eels grant release, registered with NRL
• 19 Nov 2025 — Lomax agents cut ties with R360
• 29 Nov 2025 — R360 delays, announce launch in 2028
RUGBY UNION FALLBACK OPTIONS
• 02 Dec 2025 — Meets Western Force
• 12 Dec 2025 — Rugby Australia confirms interest
• 18 Dec 2025 — Super Rugby offers reportedly ~$400-450k + top-ups
CRITICAL EQUITY WINDOW
• Dec 2025 likely
• Lomax camp says: Lomax/agents asked Eels first about returning
• Eels' allegedly says no (restraint evolves to NRL ban)
BUT
• Discovery shows a Storm contract was uploaded to the NRL “Gateway” portal
• Discovery shows upload occurred before the Storm formally approached Eels (bad-faith)
• Suggestions of bad-faith and possible contract breaches
• This sequencing could be a key equity question
ESCALATION
• 06 Jan 2026 — Lomax seeks Storm move + unconditional release (media release)
• 15 Jan 2026 — Eels refuse unless “appropriate exchange of value” (media release)
• 22 Jan 2026 — Eels commence legal action to enforce Deed of Release
COURT / DISCOVERY
• 03 Feb 2026 — Moses SC tells court discovery shows:
* Provisional R360 contract pre-release (bad-faith move)
* Storm agreement pre-consent (bad-faith move)
* NRL portal upload expecting a fait accompli (bad-faith move)
• 09 Feb 2026 — Directions hearing
• March 2026 — Hearing anticipated (or 12–13 Feb)
Replies
Dogs don't need Lomax in their backline. Their cap is at max as it is.
Thanks Mutts. I’ve enjoyed your commentary on this as well.
Like you, I feel, after looking at timelines despite initial concerns, Lomax made some form of provisional agreement with Melbourne first. Reading between the lines of what Tripp said (Feb 4th) suggests that.
“I engaged with Zac over the two weeks leading up to Christmas and it wasn’t until the new year that he agreed that if Parramatta would release him, he would come to Melbourne, but only after trying to do the right thing by asking Parramatta if they’d take him back."
The key point here is Lomax seems to have approached the Eels AFTER talking to Tripp about his future in early December.
It stretches credulity that there wasn't some form of provisional or conditional agreement, even if it was verbal.
Now whether Lomax was acting in good faith when later he allegedly asked to return to Parramatta, or whether that approach amounted to Machiavellian posturing on legal advice or Tripp's, is a question of evidence and the court.
Also, I might add the Storm didn't seem to act in good faith when they lodged their contract without the Eels' consent, breaching that contract knowingly.
TIMETABLE
R360 / CONDITIONAL RELEASE PHASE
• July–Nov 25 — Signs provisional R360 contract, conditional on Eels release
• July–Aug 25 — Requests a release from the Eels
• 15 Oct 2025 — ARLC announces 10-year R360 bans on players with R360 agreements
• 16 Nov 2025 — Eels grant release, registered with NRL
• 19 Nov 2025 — Lomax agents cut ties with R360
• 29 Nov 2025 — R360 delays, announce launch in 2028
RUGBY UNION FALLBACK OPTIONS
• 02 Dec 2025 — Meets Western Force
• 11 Dec 2025 — Trip says he talked to Lomax about his future (Tripp tells media)
• 11 Dec 2025 — Lomax tell Tripp he will approach Eels first do the "right thing" (says Tripp)
• 12 Dec 2025 — Rugby Australia confirms interest
• 18 Dec 2025 — Super Rugby offers reportedly ~$400-450k + top-ups
STORM MAKE CONTRACT MOVES WITHOUT EELS CONSENT (Court Discovery)
• Early Jan — Storm lodge contract BUT DO NOT formally ask for Eels consent (court discovery)
• 06 Jan 2026 — Lomax seeks Storm move + unconditional release (media release)
• 15 Jan 2026 — Eels refuse unless “appropriate exchange of value” (media release)
• 22 Jan 2026 — Eels commence legal action to enforce Deed of Release
What if PVL grants the Eels a salary cap exemption to resign Lomax for this season? Everyone is happy and although Lomax is coming back with his tail between his legs, maybe the way this has blown up will set him straight.
Considering PVL wants him back that's done.
Considering 90% of fans feel for Parra they will be satisfied.
Parra get their player back on a reasonable and manageable salary, Ryles would be happy with that.
I'm not concerned about the court case at all. In the wash up, if they can't find Lomax culpable to some extent there's something we are all missing. The only question is to quantify the damages we are awarded, he heads to the storm and we all move on with our lives. I'm sure Mr Moses has matters in hand. The interesting part will be what the nrl do from here cause something is a little fishy
That bloody cat again!...tell the truth Randolph, its your cat isn't!
I don't usually repeat memes but I think sums up our problem.
We are the good kitty, fishing in the lake like everyone else, hoping for a bite and some fucking smartarse decides he likes what we have caught.. so he fishes in our bucket like there's nothing we can do about it...the Melbourne cunt.
Adam, I think your right.....something is going on. Vlandys seemed happy to wait for the legals, now he is "gung ho".
Excellent Hoe... Bravo
Bringing Walters out for a media stroll is more dirty pool from Ugly Pete.
I can accept The Years being trimmed.
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