Former NRL star Jarryd Hayne has been warned he faces an exceptionally costly legal battle as a woman pursues civil damages in the New South Wales Supreme Court over alleged sexual assault.
Supreme Court warns of mounting legal costs
During a procedural directions hearing in Sydney, the court heard that the civil suit could severely stretch financial resources on both sides, with the presiding judge describing the looming action as an expensive piece of litigation, ABC News NSW reported.
The action, brought by the complainant following the end of criminal proceedings against the former Parramatta Eels fullback, seeks damages for physical and psychological harm allegedly suffered during an encounter in Newcastle on NRL grand final night in 2018.
The Supreme Court was told that both sides must navigate extensive discovery procedures, witness preparation, and the collation of expert medical and psychological reports. With senior barristers instructed and multiple hearing days anticipated, professional fees are projected to escalate rapidly into hundreds of thousands of dollars.
The court urged the parties to manage the litigation efficiently, highlighting the severe economic burden associated with a full trial in the state's superior court jurisdiction.
Long-running criminal proceedings conclude without retrial
The civil litigation marks the latest chapter in a protracted legal saga that has shadowed Hayne for more than six years and involved three separate criminal trials.
Hayne, 36, walked free from Mary Wade Correctional Centre in June after the NSW Court of Criminal Appeal quashed his convictions for digital sexual assault. It was the second occasion on which an appellate bench had set aside a guilty verdict against the former athlete.
Following that judgment, the Office of the Director of Public Prosecutions announced it would not proceed with a fourth criminal trial, definitively concluding the criminal case.
However, the formal end of state prosecution cleared the path for the complainant to seek civil redress. Unlike criminal prosecutions, which are mounted on behalf of the Crown, civil actions are initiated privately and centre on liability, restorative compensation, and potential aggravated damages.
Civil burden of proof and prospective damages
When the matter proceeds to trial, the plaintiff will be required to establish her allegations on the balance of probabilities—a lower legal threshold than the criminal standard of beyond reasonable doubt.
Civil claims of battery and sexual assault in the Supreme Court allow a judge to evaluate evidence that may have faced tighter admissibility constraints in criminal jury trials. Both parties will be expected to produce contemporaneous text messages, digital evidence, and medical histories to support their respective cases.
The financial stakes for both litigants remain substantial. Under standard New South Wales civil procedure, costs typically follow the event, meaning the losing party is routinely ordered to pay a significant proportion of the successful party's legal bills.
Given the complexity of the matter and the anticipated duration of the trial, a final costs order could leave either party facing an immense financial penalty. The matter will return to court for further directions once initial evidence is served.
