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Thread: ARU set to clear the air on Western Force’s future

  1. #31
    Veteran valzc's Avatar
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    All we need now are some pics of pandas to round out todays news.

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  2. #32
    Immortal GIGS20's Avatar
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    Quote Originally Posted by Alison View Post
    But I think there is something different about a meeting requested by members as opposed to the ARU just calling one of its own accord. My reading of clause 4.1 is that sub-clause 4.1e overrides the standard requirements and therefore the 21 days as required by clause 4.2 does not apply in such cases and the meeting must be "as soon as reasonably practicable".

    We need Fulvio to give us his view!
    That text was from the act, under the section about a general meeting called by at least 5% of the voting members.

    I believe it relates exactly to this situation, but it's the legal minimum requirement. I don't have the ARU Constitution (looking for a public copy now) so can't see whether they have added clauses to it.

    It's possible for the ARU constitution to implement a higher standard, but they cannot, in their constitution, implement something that does not meet the standard required by the corporations act.

    If they break the rules in their own constitution, they can still be liable for proceedings to be launched against them, but they are within the bounds of the Act.

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    C'mon the

  3. #33
    Legend Contributor blueandblack's Avatar
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  4. #34
    Veteran valzc's Avatar
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    No - I meant one of these pandas. Attachment 4825

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  5. #35
    Senior Player Macattack's Avatar
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    Please, please go in as hard as hell Rugby WA, this mob have treated us like shit and you have successfully called their bluff to date by being business-like, but bloody hard in protecting your team's interests (and that of its supporters) - please keep up this approach - give this mob absolutely no quarter, they deserve none, we have our contractual rights so please keep defending them and save our team!

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  6. #36
    Legend Contributor brokendown gunfighter's Avatar
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    need a coup d'etat at at the ARU-with the new board telling SANZAR that Australia will have 5 sides next season and beyond,and you can sort the rest out yourselves

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  7. #37
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    Quote Originally Posted by blueandblack View Post
    www.theaustralian.com.au/sport/rugby-union/aru-chairman-clyne-insists-culling-process-hasnt-been-botched/news-story/49b9d3325cf7715a182f4aa681661e34+&cd=2&hl=en&ct=cl nk&gl=au]

    ARU chairman Clyne insists culling process hasn’t been botched

    "One of the six items to be voted on will be a full disclosure of how the ARU went about its strategic review, which suggests the VRU or RUPA believes information has been withheld from members. Although there is no motion of no-confidence in Clyne, his board or CEO Bill Pulver, it could well be that if the meeting completely disavows what the ARU has set out to do, resignations could follow.
    ”"
    Is the VRU's intention to try to get "disclosure" of the questionable "metrics" which put the Western Force in the spotlight, then try to justify them, then say nothing has changed, and therefore Western Force should be back in the spotlight? I hope there'll be some persuasive people at the meeting willing to stand up for the Western Force, someone might need to be able to question those metrics.

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  8. #38
    Legend Contributor Alison's Avatar
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    ARU Constitution as at April 2016

    This is the ARU Constitution as it stood following the 2016 AGM. I am advised that some minor changes were made to the constitution at the 2017 AGM but I'm not sure what they were.

    The clauses relating to the calling of general meetings are 4.1 and 4.2. I would be very interested in people's interpretation of clause 4.1(e) and whether that clause overrides the 21 day provision in the Corporations Act as provided for in clause 4.2 of the constitution.
    Attached Images Attached Images

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    Proudly Western Australian; Proudly supporting Western Australian rugby

  9. #39
    Champion Tonkar's Avatar
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    The ARU will use this meeting as an out if things go anything but their way.. As mentioned above a The short meeting can not be used to elect or dismiss directors or board members.. So they will think they are safe.. Also please correct me if I am wrong.. But under the serving of writ in the high court The ARU can no longer speak publicly about what is to happen to the Western Force ,,,,... Any discussions could vetoed by the ARU under this clause.. This is my understanding.. I just think its a big cover up.. They are being seen to be proactive but no damn well they can't discuss anything.. The ARU lawyers could be behind this.. This could be why the ARU have agreed to the short meeting the results won't harm them ....If it went full term to 21 days then they would all be heading for the hills..

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  10. #40
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    See Wayne Smith article in the Australian tonight-- doesn't sound promising...
    The noose has been removed from the Melbourne Rebels neck. The club is not to be sold to the Australian Rugby Union and then shut down as part of the Super Rugby strategy to reduce the number of teams from five to four.

    For the past week, Rebels players and coaches have been on tenterhooks, awaiting news that franchise owner Andrew Cox had taken a rumoured offer of $6 million from the ARU.

    There was some confusion about whether the ARU had withdrawn its offer to buy the club, or whether Cox was refusing to sell to the national body.

    Either way the Rebels players and staff are now breathing much more easily knowing that they are not to be cut from the competition at the end of the season.

    They can go into tomorrow afternoon’s clash with the Waratahs in Sydney with clear heads knowing the only thing they have to worry about is rugby.

    READ MORERugby failed to tend its garden
    Unfortunately, that no longer applies to the Western Force, the other team that the ARU has in its sights to possibly cull. Seemingly, it now is the only team left in the game — which is how it has been right from when this imbroglio started at the SANZAAR crisis meeting in London in March.

    But Force CEO Mark Sinderberry was still upbeat tonight. “It may be that the least likely scenario is the one that will finally be acted out — that the ARU will rethink this whole process and come around to the view that five teams is the most desirable outcome.”

    Any more flip-flopping from the ARU will lead to calls at the special meeting called for next Thursday or Friday for a vote of no-confidence, although the vote of no-confidence would not be taken until the emergency general meeting next month.

    The Rebels tonight released the following statement:

    “The Melbourne Rebels wish to reiterate its clear legal position that the ARU has no legal right to ‘cut’ them as a team in the Super Rugby Competition. The ARU must come out and publicly put an end to the speculation. For the avoidance of any doubt whatsoever, neither the Melbourne Rebels nor its owners will engage with the ARU in relation to the sale or cancellation of its Super Rugby licence.

    “On 10 April 2017, Cameron Clyne, Chairman of the ARU, announced that either the Melbourne Rebels or the Western Force would be ‘cut’ within 48-72 hours despite having no contractual or legal ability to do this.

    “The Melbourne Rebels made a statement on Good Friday of its position and requested that the ARU come out and immediately state that it could not ‘cut’ the Rebels. We are now five weeks further into the 2017 season with no statement from the ARU. The ongoing speculation concerning our future has tested the resolve of the Club, our sponsors, our members and our fans. The ARU actions are not only impacting our 2017 season, they are now impacting our 2018 season.

    “The Melbourne Rebels are a key tenant in one of the world’s greatest sporting precincts and we intend on representing professional rugby in Melbourne for a long time to come. The Melbourne Rebels acknowledge the strong support given by the Victorian Government to the Club and rugby in the State.

    “We ask our fans, supporters and members to get behind the Melbourne Rebels and demonstrate that rugby is alive and thriving in Melbourne, Victoria, the sporting capital of the world, at our next home game against the Crusaders on Saturday 27 May.”

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  11. #41
    Legend Contributor brokendown gunfighter's Avatar
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    nothing has changed

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  12. #42
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    But if Cox is not selling.?

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  13. #43
    Legend Contributor Alison's Avatar
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    Wayne seems pretty unequivocal doesn't he. And the Sinderberry quote doesn't fill me with confidence to be honest.

    Wonder what will happen with our writ action now?

    Feeling quite despondent tonight :-(

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  14. #44
    Legend Contributor Alison's Avatar
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    Sporting capital of the world? Arrogant much?!!!!

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  15. #45
    (Previously WFDS) WFDom's Avatar
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    Keep your faith. It's punch for punch and the 12th round is far from done!

    Time for calm heads!

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