Injunction / Appeal hearing - Rugby vs ARU! 23.08.2017

[wallabydarnd]

If this goes our way the Force will have a new club song for games at NIB. Sung to the tune of MC Hammers Hammertime

..can't touch this..da daaa da daaa da daaaaaa...Hammerschlag! Da daaa da daaa daaaaa da.Hammerschlag!

--easier to sing that than to try and write a limerick about him!!

[Jules]

RUGBYWA STATEMENT



RugbyWA is incredibly disappointed to hear that yesterday’s meeting between Mr Andrew Forrest and ARU Chairman Cameron Clyne and directors Brett Robinson and John Eales failed to reach a positive outcome. Particularly given Mr Forrest’s incredibly generous offer to donate many tens of millions to support community rugby as well as financially underwrite the Western Force.

Further, commitments to RugbyWA Board Member David Vaux on Sunday afternoon by Cameron Clyne, that the ARU would accept the retention of five Australian teams provided Andrew Forrest financially underwrote the Western Force and make a significant contribution to Australian rugby.

RugbyWA Chairman of the Board Tony Howarth says: “It is now clear that the ARU did not attend the meeting in Adelaide with the intention of resolving a mutually acceptable agreement, as said previously by ARU Chairman Cameron Clyne.”

RugbyWA is adamant that if the ARU can afford to refuse approximately $50 million to support grass roots rugby then the decision to cut an Australian franchise cannot logically be based on the ARU’s financial position. Therefor the basis on which the ARU has decided to remove a team needs to be fully explained.

Further, we understand that during the meeting the ARU Directors were adamant that a Senate Inquiry as requested by Senator Linda Reynolds and supported by Federal Sports Minister Greg Hunt, had no place or role to play in Australian Rugby.

RugbyWA strongly supports the call for a Senate Inquiry based on the ARU’s misinformation as to their financial position and their lack of information available for the reasons for removing the Western Force.

Today, RugbyWA has been granted leave to appeal the Australian Rugby Union’s (ARU) decision to cut the Western Force from Super Rugby next year. The decision was made by New South Wales Supreme Court judge David Hammerschlag.

/News/RugbyWA Statement
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[shasta]

Have the submissions finished or continuing tomorrow?

Most media outlets are saying the judge has reserved his decision. Usually that means the arguments have been made and he'll make a decision - but he's not confident of doing it by next week.

This one (AAP) does not do a lot for my confidence, although it answers my earlier question on whether he would hear argument as to whether the agreement itself was made in good faith. But I suppose it's quite possible the writer doesn't know his arse from his elbow. Anyway I might have "out-linked" The Man with this post but it's gonna be another long week or more ..........................

Judge not interested if Force was 'dudded'

A NSW Supreme Court judge who'll decide the fate of the Western Force rugby union team didn't want to hear about claims the axed club had been ''dudded'' during a Sydney hearing.

Justice David Hammerschlag on Wednesday said he was focusing instead on whether an arbitrator had made an error of law when backing the Australian Rugby Union's decision to drop Western Force from the Super Rugby competition.

RugbyWA has appealed against the ARU decision, claiming that under the current agreement they are entitled to stay in the competition until the end of the broadcast deal in 2020.

But the ARU believes that a new competition planned for 2018 which will involve cutting the number of teams from 18 to 15 means it's an entirely new broadcast deal.

Justice Hammerschlag told the court he didn't want to hear RugbyWA barrister Robert Newlinds SC talk about how what had happened to the Force wasn't good for the rugby-loving public or how "die-hard supporters in WA were being done over like a dinner".

The judge said using phrases like ''grassroots rugby" and ''grow rugby'' was not going to help him decide the matter.

ARU barrister Justin Gleeson SC had earlier outlined how RugbyWA had been ''near insolvent'' by mid-2016 and only survived after a bailout from the ARU.

Mr Gleeson said the ARU took a significant financial risk by taking over the running of rugby in WA and reducing RugbyWA to a junior partner responsible for amateur rugby in the state.

The barrister said RugbyWA's financial woes mirrored what was happening in Australian and international rugby at the time and the governing body, SANZAAR, realised the competition needed to be restructured and streamlined.

As a result of a review carried out by SANZAAR it was decided one of the teams to be axed was the Western Force.

Mr Newlinds said that, according to the ARU, the bailout was a rescue operation, the ARU was the rescuer and RugbyWA was to have been rescued.

He then alluded to mining magnate Andrew "Twiggy" Forrest's offer to pay the ARU $50 million to keep the Force in the competition and suggested the team could go on to become a powerhouse.

The ARU this week rejected Mr Forrest's proposal.

Justice Hammerschlag reserved his decision saying he hoped to be able to deliver it next week.

© AAP 2017 - http://www.9news.com.au/national/201...o-appeal-axing

RTE (Dublin) - https://www.rte.ie/sport/rugby/2017/...rce-to-appeal/

ARU Website: http://www.rugby.com.au/news/2017/08...by-force-court

[andrewg]

Was this bloke the RugbyWA lawyer?

Attachment 5013

Grr why did this not post inline...

Happens to me all the time.

Edit
Delete the current attachments
Attach again and should work OK.

[Alison]

That makes sense to me Shasta. This legal case is purely about the terms of the Alliance Agreement as far as I can tell. The shady dealings and duplicity of it all is another matter I think. Presumably we can sue them for those things separately. I don't know.

But gee it sucks big ones how much the ARU is making of our 'drop in the ocean' once--in-twelve-years bail out when they've given, not lent, millions and millions to the friggin Rebels in every single one of the years they've been in existence!

Also, there is every place for a Senate inquiry where there has been deceit, lies, obfuscation, corruption, double dealing and treachery and many people being made redundant as a consequence!

If they had operated a transparent, honest and fair process, we wouldn't need a parliamentary investigation!

Arrogant tosspots!

[valzc]

.........Further, we understand that during the meeting the ARU Directors were adamant that a Senate Inquiry as requested by Senator Linda Reynolds and supported by Federal Sports Minister Greg Hunt, had no place or role to play in Australian Rugby. ......
Sounds to me like Clyne & co are VERY nervous about an inquiry, now why would that be.....? Not enough space to hide all the dirty laundry?

[shasta]

Well I really hope that a Senate inquiry goes ahead irrespective of the appeal outcome. The individual board members and staffers need to be questioned under oath somewhere.

[brokendown gunfighter]

regardless of the outcome of this hearing,the ARU board must resign en masse.Their credibility is now non existant

[sittingbison]

...Further, commitments to RugbyWA Board Member David Vaux on Sunday afternoon by Cameron Clyne, that the ARU would accept the retention of five Australian teams provided Andrew Forrest financially underwrote the Western Force and make a significant contribution to Australian rugby.

RugbyWA Chairman of the Board Tony Howarth says: “It is now clear that the ARU did not attend the meeting in Adelaide with the intention of resolving a mutually acceptable agreement, as said previously by ARU Chairman Cameron Clyne.”...

duplicitous turd

This hearing is about the terms of alliance agreement, nothing more

The steaming pile of shit is for the next action. THATS the one from which they cannot escape with weasel words (almost said wessel lol)

[Tonkar]

Maybe we offered too much. He is happy seeing deals done twice now for only $1.00.

Maybe he has never seen that sort of money

[blueandblack]

Well I really hope that a Senate inquiry goes ahead irrespective of the appeal outcome. The individual board members and staffers need to be questioned under oath somewhere.

Possibly in a Federal Police station after an office raid.

[andrewM]

Ohh that'd be nice! I'm dabbling with the idea of a mad dash over on Sat 9th for the game.

It will be well worth the flight IMO!

[Alison]

Oh there will have been more shredding going on in St Leonard's than in the Watergate offices.

[blueandblack]

Sounds like Justice Hammerschlag is reviewing the process of arbitration rather than the result of.

[wallabydarnd]

duplicitous turd

This hearing is about the terms of alliance agreement, nothing more

The steaming pile of shit is for the next action. THATS the one from which they cannot escape with weasel words (almost said wessel lol)

pressure is a Messerscmitt up your arse

--or a Hammerschlag , one hopes !