Israel Folau begins court proceedings against Rugby Australia

Israel Folau has started his court action against Rugby Australia demanding an apology and return to the Wallabies.

Folau's new legal team has lodged an eight page claim in the Melbourne Federal Court arguing the controversial superstar should not have been sacked from the Wallabies and Waratahs because legislation protects his right to express religious views.

"His form and natural talent suggests he would continue to be a star player for both teams," the unfair termination claim states, according to the Australian newspaper.

Folau wants an apology from Rugby Australia, financial compensation and the right to ­resume his career with the Wallabies.

"Unfortunately, our conciliation before the Fair Work Commission did not resolve the matters between us and I have been left with no choice but to commence court action," Folau claimed in the statement.

"I have been blessed to have received the support of tens of thousands of Australians throughout my journey, and I want to say thank you to everyone who has offered their prayers and support.

"It has meant so much to (wife) Maria and me over the last few months and gives us strength for the road ahead."

Folau has been embroiled in controversy since posting on social media on April 10.

Folau, 30, uploaded an image to Instagram saying drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolaters would go to hell.

In May, Rugby Australia CEO Raelene Castle terminated the Folau's multi-million dollar contract, on the advice of an independent panel, for "high level" breaches of the player's code of conduct.

The dual international has vowed to take the decision to the highest court possible.

His legal team described Folau's posts as "benign conduct which the community accepts is a recognised fundamental human right and freedom".

"It certainly did not justify Mr Folau losing his career and livelihood. "

RA's positon relies heavily on a provision banning anything which "condemns, vilifies or discriminates against people on the basis of their sexuality".