I have taken some of the the salient points from Nick Taylors article and he has the Govt saying we will support the Force.
Fulvio - ready to go pro bono?
Western Force have taken unprecedented legal action against the Australian Rugby Union in their fight for Super Rugby survival with the Melbourne Rebels.
They served a writ on the ARU on Monday night, notifying the governing body of their intention to apply for an injunction against the plan to revoke their Super Rugby licence.
And they have the weight of the State Government behind them.
The writ, issued in the Supreme Court, was served after a two-hour meeting between the RugbyWA board and the ARU's chief operating officer Rob Clarke and chief financial officer Todd Day, which the club labelled “unsatisfactory” on Monday night.
Sports minister Mick Murray said the government would seek to enforce the terms of the agreement.
“The State Government is prepared to support RugbyWA in the enforcement of any rights that necessarily arise under that agreement,” he said.
I thought that Lavan Legal bloke on the Board might come in handy one day.
If the State Govt comes out swinging I will be impressed, and I'm not easily impressed.
Losing the Force will make WA less relevant on the world stage and no govt would want that, no matter what colours they fly.
I am really a Palmyra troll.
If you are suing somebody for a breach of contract or for causing you damage for which you seek a specific remedy, such as damages, or specific performance of a contract, you usually issue a Writ.
The Writ contains a statement of claim which sets out and particularises the cause of action and the remedy you are seeking from the Court.
The Writ, once filed, is served on the defendant who has a certain amount of time to indicate whether he will defend the Action, and if so he files a statement of his defence. The parties then exchange disclosure of their relevant documents and the court eventually orders that the matter be listed for a trial.
This is of course a very simplistic explanation, and there can be, and are, many other twists and turns in the proceedings before the parties get to the trial stage.
If the party bringing the action seeks an injunction of some sort (eg to prevent being kicked out of a Rugby competition) that party usually issues an Originating Summons specifying the relief sought, accompanied by an Affidavit or Affidavits of evidence in support. The applicant can do this Ex Parte (without serving the other side or putting them on notice) in an extremely urgent case, or, more usually the applicant will serve the papers on the Respondent who will have an opportunity of filing documents setting out his position.
The application will be heard quite quickly, and the remedy (injunction) will be granted or refused by the court. Whichever the result, the applicant can continue with his action by issuing or continuing with his writ, which is usually filed at the same time.
This is just a very basic outline, and the lawyers for RugbyWA would decide on the best approach based on all the information available to them and their client, which, based on what I have read on this site so far, no one here fully knows or properly understands, myself included.
Last edited by fulvio sammut; 10-04-17 at 21:42.
Consultation Processes 101. You (the CEO) meets with ALL parties in the consultation process. Sending a delegate will give the impression that the organisation's views don't matter as you've already made your decision before the consultation takes place.
Billy and Cameron Clyne clearly haven't watched House of Cards
Wholetruth, I wouldn't touch it with a $10,000,000 retainer, paid in advance, let alone pro bono.
Besides, I'm just a suburban mug who posts on dodgy sites.
Dickhead Graham was the Wallaby 'skills coach' and was assigned to the Force by the ARU. Then, when Mitchell left, Graham was senior coach to take over. He ruined the skill levels of the Wallabies, ruined the Force and then ruined the Reds.
To replace Graham the Force looked to Stade Francais and a relatively unknown Australian coach by the name of Cheika. Then Foley, 1 season into his coaching contract at the Waratahs, gets the elbow and Cheika walks into a job in Sydney. Foley winds up here with his outdated, kick-first tactics.
The hiring of both Graham and Foley smack of ARU involvement - Graham wanting a head coaching gig and the ARU not wanting to pay out Foley's contract, so they send him to Perth.
Now I've no proof of ARU involvement in either hire, but we've always been considered the poor cousin of the ARU, where they shift ageing players who might possibly be useful to the Wallabies in an injury crisis, but their own teams don't want them anymore (Dunning, Ma'afu, etc) and the hiring of Graham and Foley smelt of the same.
Don't tell me the sky's the limit when there are footprints on the moon
Well folks I was at the meeting today and what these two chaps presented to us was the most fundamentally flawed evaluation you could possibly imagine. The details will come out in the press but basically the case was if we bin the Rebels Cox will demand a large break fee and the Victorian Government won't sign the 2020 Blediloe Cup Heads of Agreement or the British and Irish Lions match deal which hasn't even been negotiated. So in the end it's the Force versus the Victorian Goverment and the Rebels are just a side show. Of course we have willingly offered to host both the 2020 Blediloe and the Lions Test in our fine new stadium.
This has been a stitch up for ages. We have served a writ which will lead to an injunction not because of this bollocks but because scrapping us will lead to a breach of our Alliance Agreement. Government has agreed to support us and is also looking at their own rights having been duped by the ARU investing $100mm into the code and funding a further $5mm for the 2019 Bledilsloe. Cox will be going after them next.
Hold onto your hats.
Sheikh, don't need a tin foil hat to figure that one out. There's been piles stinky poo amassing at the Force for years now. ARU must have been drooling at their sloppy gums at the chance now to really put boot in. Now the sleeping tiger is out and not a minute too soon, maybe Ewen Mackenzie is partying away in NZ at the news coming out! BTW, has Cheiks gone into hiding these days- Cheiks, Cheiks where for art thou?
Japan and the Pacific Islands for Aussie Super 9's!
Let's have one of these in WA! Click this link: Saitama Super Arena - New Perth Stadium?
All very accurate. We are not seeking damages. We are endeavouring to hold them to the primary element of the Alliance Contract without which we would never have executed the contract.