That may come in the form of witness statements, and both sides are likely to call for some of those at the wrestling session to testify should the matter proceed to a full hearing.
In a statement of claim – which has been obtained by this masthead – Topine says Canterbury trainer Touma ordered him to wrestle a succession of teammates in short intervals, which left the young player “[requiring] assistance in performing limited physical functions, including, standing and walking”. The practice is commonly referred to in rugby league circles as “shark bait”.
It is also claimed Topine suffered “psychiatric injury” and “physical and mental impairment” as a result of “deprivation of liberty” and “unlawful corporal punishment”.
Court documents allege Touma told Topine’s teammates: “Don’t let him up if he’s down, jump on him straight away!”
The alleged punishment was said to be because he was between eight and 10 minutes late for the wrestling session, but Topine insists he was on time because he did not need to be strapped, and was there for the start of the actual conditioning.
According to club sources speaking on the condition of anonymity because they weren’t authorised to discuss the matter publicly, Touma was asked to front the Bulldogs board last year about the incident.
All directors walked away content with his explanation and no further action was taken.
“The nature of the directives or instructions from the trainer are going to have to be fully explored,” prominent sports lawyer Tim Fuller said.
“There will be an element of workplace bullying, harassment or coercion to those instructions [for the case to succeed]. If it’s found they are just normal instructions in the course of an intense training session, then the claim is likely to fail.
“As a caveat, one significant issue still to be explored is the fact Jackson Topine returned to training momentarily.”
The Bulldogs have kept the NRL abreast of the Topine issue since it surfaced last year, with all media outlets refraining from naming the 22-year-old due to concerns about his mental health.
However, he was publicly identified as the player at the centre of the alleged training incident after documents were filed in court on Wednesday.
“These guys are not yesterday’s athletes,” said one player manager, who requested anonymity to discuss the matter freely. “Pound for pound, they are among the strongest in the world – and to think he had to wrestle 30 of them.”
The Rugby League Players’ Association has lent support to Topine, but stressed it wasn’t party to the civil proceedings.
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“If there are alleged breaches of the CBA and NRL rules, we would expect those to be investigated by the NRL in accordance with the CBA and NRL rules,” a union spokesperson said.
“To the best of our knowledge, there has been no formal investigation by the NRL into Jackson’s issue.
“We always prioritise that clubs are safe and supportive workplaces for players and that protecting their welfare is paramount. The CBA, as a collective agreement, enforces those industry-specific rights and remunerations for players.
“NRL and NRLW players, though, as employees, still have individual rights under Australian law that sit outside the CBA, and there are legal avenues players can follow if they believe those rights have been denied.”
