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The Western Force has issued a writ against the Australian Rugby Union in an extraordinary move to head off plans to evict them from Super Rugby.
And Melbourne Rebels owner Andrew Cox last night told The Australian that the Rebels reserve all of their righta as they too consider going down the legal route.
The ARU yesterday announced it would make a call this week on which team would be culled from the competition, with the choice now confined to the Force and the Rebels. But after holding an unsatisfactory meeting with the ARU yesterday the Force decided to launch a pre-emptive strike.
The writ taken out in the Supreme Court notifies the ARU of the Force’s intention to apply for an injunction against the plan to revoke their Super Rugby licence.
The writ demands that the ARU act in strict accordance with the agreement it signed when it took over the Force more than a year ago.
“The RugbyWA Board had an unsatisfactory meeting with Australian Rugby Union (ARU) management representatives today that highlighted that the terms of the assessment and process being used to evaluate ourselves and the Rebels were inconsistent and inequitable,” the Force said in a statement.
“Discussions also failed to address the responsibilities that exist in the Alliance Agreement between RugbyWA and the ARU and we felt in order to protect our position it was necessary to issue legal proceedings to protect our rights under the Alliance Agreement.
“Initially we had particular concerns about the 72-hour deadline to respond, however we have now been advised that we will have further time to present our business case.”
Until now, the Force have attempted to play the emotional card but clearly the ARU is taking a hard line with them, dismissing their overwhelming display of fan support that has culminated in the Own the Force campaign to raise between $5-10 million to buy back the licence. At yesterday’s press conference, Pulver announced that the bottom line was indeed the bottom line. “Fan passion should be financially measurable,” he said.
But while the ARU contemplates whether to sacrifice either the Force or the Rebels, there is a real chance the crisis could claim another victim, Pulver himself.
Pulver announced yesterday he was prepared to stand down “in a heartbeat” if he felt it was in the best interests of the game.
“I originally came in on a five-year agreement; I’m not going to seek a five-year agreement,” Pulver said. “I acknowledge there’s a lot of heartache out there and, believe me, if I thought stepping aside would advantage Australian rugby in any sense, I would do it in a heartbeat.”
There have been widespread calls for Pulver to provide strong leadership and in a sense that is what he has done in deciding to axe a team, something he and ARU chairman Cameron Clyne admitted had been on the cards since soon after Australia boosted its Super Rugby presence to five teams in 2011.
But this SANZAAR strategic review has come at great personal cost to just about everyone involved and it may be that Pulver simply can’t live down the recriminations that will follow him
Soon, however, the ARU will have far more complicated staffing decisions to make than any Pulver will provide. If the Force goes, how will the ARU deal with, for example, Wallabies utility back Dane Haylett-Petty, who indicated when he resigned with the Perth club that it was either stay with them or head overseas. He might have signed with an Australian club, but will be held to his contract if that club no longer exists?
By dropping a team, the ARU should have at least an additional $6 million at its disposal per year which it has vowed to pour into grassroots rugby.
“The ARU is also heavily underinvested (in this area), particularly in comparison with our major international rivals at the professional levels,” Clyne said.