Arbitration hearing - Western Force v ARU - 31.07.2017

[Jules]

With this legal stuff. Do they go to court today and request an injunction? If it's granted is it done today or do you have to wait a while?

[The InnFORCEr]

First avenue is to appeal the Arbitration finding at the NSW Supreme Court.

If the appeal does not proceed, they will then seek an injunction until we have our day in court.

One thing for sure, we are in for another wait.

My sauces tell me that Twiggy met with all staff and players after the decision and assured them that EVERY avenue will be explored and asked them to hold off on any decisions until these avenues have been exhausted.

[valzc]

Done! And not kindly.

[blueandblack]

With this legal stuff. Do they go to court today and request an injunction? If it's granted is it done today or do you have to wait a while?

There is a directions hearing at 12 noon today in the NSW Supreme Court. At time of posting, it should be 12.30pm over there.

https://onlineregistry.lawlink.nsw.g...itration/rugby

[MI5_Dog]

http://www.watoday.com.au/rugby-unio...0170814-gxvkzh

The Australian Rugby Union's Super Rugby nightmare will continue after RugbyWA have gained an injunction order against the body's decision to axe the Western Force from the Super Rugby competition.

The Force have lodged an appeal of their axing to the NSW Supreme Court and the injunction order means the ARU can't sack or relocate players until the issue is sorted.

[agrugger]

My sauces tell me that Twiggy met with all staff and players after the decision and assured them that EVERY avenue will be explored and asked them to hold off on any decisions until these avenues have been exhausted.

With all due respect to Twiggy, Hansie, et al. the players and staff now need to do what's best for themselves and their families. Those still around have been more than loyal to the cause. If we do end up winning, then hopefully they can come back. But I've been in a similar situation and trusted the leadership that we would win, and we didn't.

[zed]

http://www.watoday.com.au/rugby-unio...0170814-gxvkzh

The Australian Rugby Union's Super Rugby nightmare will continue after RugbyWA have gained an injunction order against the body's decision to axe the Western Force from the Super Rugby competition.

The Force have lodged an appeal of their axing to the NSW Supreme Court and the injunction order means the ARU can't sack or relocate players until the issue is sorted.

On what grounds are the Force appealing their axing? Is it case of them demonstrating that they're more financially viable than the Rebels?

[GIGS20]

My suggestion for your emails (blending the line between politeness to ensure it's read and venting my actual feelings.)

Dear -------------,

I was greatly disappointed to receive the news on Friday that the ARU has deactivated the Western Force after winning the right to in arbitration. I have some questions upon which I would ask you to comment.

Are you aware that through your personal involvement as a board member of the Australian Rugby Union the code has been bought into disrepute internationally? What do you plan to do in order to resolve this painful issue?

Noted Rugby luminaries such as Brendan Cannon, Jeremy Paul, Nathan Sharpe, Bob Dwyer and Alan Jones (along with many others) have called for your immediate resignation as a result of this decision. How do you plan to respond?

It is also rumoured that the Perth Spirit NRC team is threatened with discontinuation at the completion of the 2017 season. Given that the ARU made a commitment to support pathways for young Western Australian players, are you aware of the strategy that is planned to provide this support?

Your organisation and you, yourself by extension, have been accused of lacking transparency and failing to have a discernible process by which this decision has been made. How do you respond?

It has been revealed that the Western Force has cost the ARU an unbudgeted 5.5 Million Dollars in 12 years, the most conservative figure reported for the rebels in 6 years has been 17.3 Million Dollars. Can you please explain in layman's terms how the 576% increase in costs justifies the removal of the Force for "Financial Reasons"?

Former board member Geoffrey Stooke AO resigned from the ARU board in protest at this decision, claiming that he had been forced to recuse himself from proceedings against his will, and citing "significant bias" Can you defend yourself against his accusations? If so how?

Do you believe that Australian rugby will become stronger as a result of this trial? Please explain your answer.

I thank you for making the time to reply to my simple questions

With kindest regards

GIGS20

[Jules]

http://www.watoday.com.au/rugby-unio...0170814-gxvkzh

The Australian Rugby Union's Super Rugby nightmare will continue after RugbyWA have gained an injunction order against the body's decision to axe the Western Force from the Super Rugby competition.


The Force have lodged an appeal of their axing to the NSW Supreme Court and the injunction order means the ARU can't sack or relocate players until the issue is sorted.

That's a good start! Now fingers crossed at the very least this exposes the mismanagement of the ARU and if we go down it's fighting!!

[Occidental]

Court injunction stalls Western Force axing by ARU
Australian Rugby Union chairman Cameron Clyne and outgoing CEO Bill Pulver at the announcement on Friday of the Western Force’s demise. Picture: AFP
Australian Rugby Union chairman Cameron Clyne and outgoing CEO Bill Pulver at the announcement on Friday of the Western Force’s demise. Picture: AFP
The Australian1:27PM August 14, 2017
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WAYNE SMITH
Senior sport writerBrisbane
@WayneKeithSmith

The Western Force has lodged its appeal to the NSW Supreme Court to stop the Australian Rugby Union winding it up, with the court to decide no later than Wednesday of next week whether the matter will be heard.

That has stopped, for the moment, the ARU’s move to shut down the club and begin dispersing players to the remaining four Super Rugby Unions.

“The players are sticking together,” said Force chief executive Mark Sinderberry today. “A lot of them are still on vacation but I’ll be meeting with a bunch of them this afternoon.”

Sinderberry said that he had advised head coach Dave Wessels not to return to Australia from his holiday in South Africa but to await developments from next week’s court hearing. “No use him coming home and just being miserable with the rest of us,” quipped Sinderberry.

The Force boss said no effort was being spared to overturn the ARU’s decision to cull the Force. “We’re absolutely convinced this is the wrong decision and we will be taking every possible means to ensure we turn this decision around,” he said.

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Western Australian mining magnate Andrew ‘Twiggy” Forrest is partially bankrolling the Force’s legal appeal has vowed to keep fighting.

“This could be a try against us but it’s not the end of the game,” Forrest said.

Controversial call

The ARU won an arbitration hearing against RugbyWA on Friday, and immediately announced it would axe the Force.

RugbyWA will also consider mounting legal action relating to the circumstances which led it to enter into the ‘Alliance’ agreement last year with the ARU.

Forrest, describing the decision to axe the Force as “retrograde” and “illogical”, has reaffirmed his pledge to do everything within his powers to save the Force.

“We want leadership from the Australian Rugby Union, not cowardly litigation,” said Forrest, who is worth $4.8 billion.

“But if they want to continue to fight us, we will happily take them on for as long as it takes.

“This (decision by the ARU) is like dumping the fastest improving athlete or the silver medallist from the Olympic swimming squad and leaving the worst performer in there.

“It is a ludicrous and unfair legal initiative by the ARU.”

Forrest believes the ARU made the decision more than three months ago to axe the Force.

And even his guarantee to bankroll any potential future losses by the franchise fell on deaf ears.

ARU chief executive Bill Pulver announced he would be standing down once a replacement could be found.

His impending departure follows the exits earlier this year of chief operations manager Rob Clarke and chief financial officer Todd Day.

Force chief executive Mark Sinderberry was in tears after the decision was handed down, and he questioned how the ARU could justify it. “We are absolutely convinced this is the wrong decision, and we will be taking every possible means to ensure we turn this decision around,” Sinderberry said. “I’m really concerned the three people that have been involved in this decision have now decided to leave the ARU. For us, that raises a lot of questions.” Forrest was also suspicious about the ARU’s process to axe the Force. “Every time I spoke to the chairman of the ARU (Cameron Clyne) or anybody else involved in this decision, they could not fault the logic that supporting the Force is the only possible logical decision,” Forrest said.

“I’ve informed the ARU at chairman’s level and I’ve informed the minister for sport that I would stand behind the sport financially - that I would guarantee the ARU no loss.

“And still in light of that unequivocal support for this great state and our great sport, they’ve attempted to cut the Western Force.

“This is purely a first try against us ... but it’s not the end of the game. We are not giving up on this.” The Force made vast improvement this year under rookie coach Dave Wessels, unearthing a host of talented players who the franchise hoped would carry them to a title within three years.

The Perth-based outfit finished second in the Australian conference, and had nine players selected last month in an extended Wallabies squad. Grassroots rugby in WA has also grown from strength to strength since the Force’s 2006 introduction.

But if the Force’s appeal fails - or they don’t win the right to appeal - they will be left with no choice but to wrap up operations.

The Melbourne Rebels had been the other team on the chopping block, but they are safe.

The Victorian Rugby Union owns the Rebels after buying them from former owner Andrew Cox for $1.

Additional reporting: AAP

[Occidental]

The Australian12:00AM August 14, 2017
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WAYNE SMITH
Senior sport writerBrisbane
@WayneKeithSmith

The Western Force fear that it is not just their Super Rugby team the Australian Rugby Union is intent on terminating, but also their National Rugby Championship side, the Perth Spirit.

Force chief executive Mark Sinderberry confirmed last night the Perth club would seek leave this morning to appeal to the Supreme Court against the ARU decision to strip them of their licence, with a hearing likely to be fast-tracked to ensure a decision within two weeks.

Meanwhile, it has come to light that the ARU also intends cutting the Perth Spirit from the NRC at the end of this season. RugbyWA vice-chairman John Edwards said the club only realised their NRC team was also under threat during negotiations a few weeks ago after the ARU had issued a Termination of Alliance Agreement. (The agreement is the contract signed between the Force and the ARU when the national body bought the Super Rugby licence in June last year.)

“In the course of renegotiation about what would happen should we lose the arbitration, the NRC Spirit team was in the Alliance as well and we asked them about that,” said Edwards. “They basically said this will be their last season, the one that’s about to start.

“We said: ‘Why would you do that?’ And they said they were not quite sure there would be much support for (the team), or much *interest.

“We reacted to this by reminding them what the N in NRC stands for and that this was a very important pathway — oh, and we won it last year — and that this should in no way be linked to the Force outcome.

“What they did say, with not much credit, was that they would look at it after the season. That’s their intention.”

An ARU spokesman said yesterday nothing official had yet been resolved about the Perth NRC side beyond the end of this season. “If they are saying that we are making plans to wrap them up beyond this year, that’s different to saying there are no plans beyond this year,” the spokesman said.

Still, the differentiation might be lost on Force staff and supporters, who are desperately feeling the pain of Friday’s decision to cut the team. Certainly any attempt by the national body to eliminate not just the last step to the Wallabies, the Super Rugby side, but also the next-to-last step, the NRC side, will be seen as the ultimate betrayal. And it would fly in the face of the statement issued on Friday by ARU chairman Cameron Clyne.

“Western Australia will retain an important place in Australian rugby and the ARU will continue to support youth development programs and the community game in the West,” Clyne said. “There will be a clear pathway for young Western Australian rugby players to reach the highest levels and represent the Wallabies.”

When asked about the Perth NRC side and what role it would play, Wallabies coach Michael Cheika replied: “If that’s what will be there — I’m not sure where that organisation is — but if that’s what will be there, then that is what we will focus on, pushing the talent into there.

“Whatever that might be, it’s about us identifying those players a little younger (than NRC age). In the shorter period, that would be done. It’s the next generation. We have to make sure our fans and volunteers and people who participate in the game are still very engaged so the next generation of players and kids, they’re still seeing rugby as something they want to be involved in.”

There has been fallout on both sides of this civil war, with ARU chief executive Bill Pulver announcing he will resign as soon as a replacement can be found.

Former CEO of the Waratahs, the Rugby Union Players Association and the Western Force, Greg Harris, confirmed yesterday he had an interest in applying for the position. “You’ve got to attack it front-on. It’s one thing to have the courage to make it work, but you would also need to have the support of the ARU board,” Harris said.

Geoff Stooke, who resigned from the ARU board in protest at Friday’s decision, said yesterday Australian rugby needed to address both its finances and the high-performance areas while still keeping five Super Rugby teams.

“I don’t ignore the fact that there will be financial difficulties but they can be worked through,” Stooke said.

“And as for the suggestion that we’re spreading the players too thin by having five teams, that’s not been proven. We’re now providing a solution before we have identified the cause. The high-performance area needs to be looked at both from a national and from a state basis.”

[Occidental]

Couple of articles in case you can't get The Australian online

[Darren]

Wonder if twiggy could put enough of his own cash into the Force to pay all players and staff until next window of recruitment opens up in 2018?

In the mean time, if we win - we have business as usual without skipping a beat.

If we lose, players keep being developed, staff have time to move on, and eastern states clubs do not get to reap the benefits of our labours,at least not till 2019 ... I'm sure we could find plenty of overseas teams that would be willing to give us some friendly matches...

Big ask - just a concept

[valzc]

So do we still need to prove the alliance agreement was the same one? Or we now looking at the ARU doing the dirties before signing or both? And if we can get to court, is this the only subject we're fighting in court? What about all the other dastardly shit the ARU have been doing - are they separate issues?

[valzc]

Alison, suggest you send John Eales the analysis of the financials - as I doubt whether he is even fully aware of the depth of skullduggery re the Rebels that's occurred. I have had a response from him which was nice (more than the other fuckers bothered with), but just regurgitation of spreadsheets and good for SANZAAR spiel.