Where to for Super Rugby?

[half]

Cat meet pigeons.

Brilliant by SBS ... speaks for me does this and show. To those outside Sydney & Brisbane just how big the Shute Shield is ..

Very interesting when Papa said thye recieve little funding from the ARU and have essentially gone their own way with revenues and crowding increasing hugely across the SS ..

Thank you SBS this is made with no politics, no BS, lots of grass roots comments.

IMO the best rugby media produced show in a long while.

How I would love rugby to sit with SBS and develop and reconstruct again

Also love The World News 6:30 on SBS best evening news show in Australia.

Again thanks SBS...

 

[TOCC]

There's a whole lot of conjecture floating around....

There isn't really any solid information to back up those claims though.

Yet you are using an article which opens with "one source down Mexico way" as your own solid information to counter this claims? Fact is you don't know any different to what those with the opposing view think, let them vent their fury, don't argue with them over the sake of some stupid rumour fuelled article.

 

[Killer]

That it's a press release not a legal document. Whatever instrument was used for the new or amended Rv deal is the only thing that matters.


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so if they were amending an agreement would they say it is a new broadcast agreement or not? I would presume(hope) from the sanzaar bosses comments that they wouldn't and didn't.
If as you say it comes down to points of law, unless they have written it is a new Broadcast agreement then it is not?
Does the amount of changes to the agreement affect this point of law?
Thanks for your opinion.

 

[stoff]

so if they were amending an agreement would they say it is a new broadcast agreement or not? I would presume(hope) from the sanzaar bosses comments that they wouldn't and didn't.
If as you say it comes down to points of law, unless they have written it is a new Broadcast agreement then it is not?
Does the amount of changes to the agreement affect this point of law?
Thanks for your opinion.

Like Braveheart alluded to above, at that point it comes down to very technical legal argument. All I can say for sure is that the arbitrator has seen enough that he has been able to come to the opinion there is a new agreement. A judge will get to make a call on whether that was obviously wrong next week.


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[I like to watch]

Brilliant by SBS . speaks for me does this and show. To those outside Sydney & Brisbane just how big the Shute Shield is ..

Very interesting when Papa said thye recieve little funding from the ARU and have essentially gone their own way with revenues and crowding increasing hugely across the SS ..

Thank you SBS this is made with no politics, no BS, lots of grass roots comments.

IMO the best rugby media produced show in a long while.

How I would love rugby to sit with SBS and develop and reconstruct again

Also love The World News 6:30 on SBS best evening news show in Australia.

Again thanks SBS.

Huge disconnect between Pulver's words & actions re grassroots.......

 

[Slim 293]

Yet you are using an article which opens with "one source down Mexico way" as your own solid information to counter this claims? Fact is you don't know any different to what those with the opposing view think, let them vent their fury, don't argue with them over the sake of some stupid rumour fuelled article.

I'm just providing an alternative narrative............ nothing more.

None of us really know what really happened as yet, not even those trying to present other rumour fulled articles (from extremely biased sources) as fact.

Payto and Panda's mail has been fairly accurate during this whole affair though, and their story might help to explain the events leading up to the Rebels sale without the silly conspiratorial stuff..........

 

[Killer]

Like Braveheart alluded to above, at that point it comes down to very technical legal argument. All I can say for sure is that the arbitrator has seen enough that he has been able to come to the opinion there is a new agreement. A judge will get to make a call on whether that was obviously wrong next week.


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Thanks, BTW what is an Arbitrator, I assumed he was also a judge?

 

[Derpus]

Thanks, BTW what is an Arbitrator, I assumed he was also a judge?

Not necessarily. Barristers often get dispute resolution qualifications. I suppose some Solicitors might. I don't know if being a lawyer is necessarily a pre-requisite.

 

[Braveheart81]

Thanks, BTW what is an Arbitrator, I assumed he was also a judge?

It was a QC (Quade Cooper). Bernard Coles.

 

[Lee Enfield]

One of the elements required for a contract is consideration. So for the new broadcast deal to be valid both sides have to have a new consideration, as past consideration is no consideration. In this case, Sanzaar are offering the broadcasters a new consideration of a restructured competition with less teams, but what new consideration have the broadcasters offered in return. Did the broadcasters agree to paying more money?
If the broadcasters have not offered more money or a new consideration, then I would be leaning towards it is a modification to an existing agreement, not a new agreement, as past consideration is no consideration and you can't have a contract without it.

 

[Highlander35]

One of the elements required for a contract is consideration. So for the new broadcast deal to be valid both sides have to have a new consideration, as past consideration is no consideration. In this case, Sanzaar are offering the broadcasters a new consideration of a restructured competition with less teams, but what new consideration have the broadcasters offered in return. Did the broadcasters agree to paying more money?
If the broadcasters have not offered more money or a new consideration, then I would be leaning towards it is a modification to an existing agreement, not a new agreement, as past consideration is no consideration and you can't have a contract without it.

Without being too weasily:

Before: $XX million a year for 142 games across 4 conferences, with an 8 teams finals series.

Now: $XX million a year for 125 games across 3 conferences with a 6 team final series.

So they're paying a different rate for a different product.

Can't proclaim to have ever seriously looked into it, but if words like deal/contract/whatever and Lawyers have the same issues that Scientists and words like Theory have in terms of the way they're used colloquially v strict narrow terms, I could easily see that looking, smelling and quacking like a new duck to a specialist Lawyer/Judge.

 

[Derpus]

The consideration is money paid. Whether or not the amount changed from the original agreement is irrelevant as it is ongoing payment.

Your argument might be valid if the payment was made in full at the beginning of the contract, and they sought to change the terms without further payment. Not the case.

Edit: I'm pretty certain the terms can be changed by consent regardless of whether the contract was originally legally commenced. (Note: i don't really deal with contractual issues too often).

Double edit: if a contract is not technically correct it is not necessarily void ab initio. In some circumstances it can simply be deemed voidable, which means the parties can choose to adhere to the contract anyway.

 

[TOCC]

I'm just providing an alternative narrative.... nothing more.

Perhaps don't dismiss someone else opinion as a conspiracy theory if you're relying on the same unsubstantiated information then, Western Force fans have a right to feel aggrieved and question the legitimacy of this whole process.

 

[Strewthcobber]

We.may not agree with the outcome but seriously, what do you reckon the chances are that the QC (Quade Cooper) with way more of the facts than we have, got this obviously wrong in law?

There may be a successful court case out there for the Force, but it's most probably not going to be based on the arbitration argument.

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[Derpus]

Bernard Coles seems to be a fairly experienced litigator. 13 Judgments in the HCA. President of the NSW Bar Association.

 

[I like to watch]

We.may not agree with the outcome but seriously, what do you reckon the chances are that the QC (Quade Cooper) with way more of the facts than we have, got this obviously wrong in law?

There may be a successful court case out there for the Force, but it's most probably not going to be based on the arbitration argument.

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Haha, it's a bit like sitting on the hill 80 metres from where the scrum collapsed,knowing that the ref who is only 5 metres away,and much more qualified to rule than you,has clearly fucked it up

 

[BLR]

Haha, it's a bit like sitting on the hill 80 metres from where the scrum collapsed,knowing that the ref who is only 5 metres away,and much more qualified to rule than you,has clearly fucked it up

Cmon now, you and I both know ref's don't know what goes on in scrums.

 

[Killer]

Haha, it's a bit like sitting on the hill 80 metres from where the scrum collapsed,knowing that the ref who is only 5 metres away,and much more qualified to rule than you,has clearly fucked it up

I don't know, massive screens at the ground, multiple replays, they are not perfect by any means.
If there is a chance?? I bet the WF legal team would have learned from the 1st experience and will be better able to highlight the relevant points.

 

[Derpus]

I don't know, massive screens at the ground, multiple replays, they are not perfect by any means.
If there is a chance?? I bet the WF legal team would have learned from the 1st experience and will be better able to highlight the relevant points.

They can't 'hightlight the relevant points'. They can appeal a decision to the HCA if they believe that the law has been incorrectly applied or interpreted. This usually means the hearing of the appeal is much narrower.

HCA appeal will be a matter of public record so some interesting information should come out of it.

 

[oztimmay]

Bernard Coles seems to be a fairly experienced litigator. 13 Judgments in the HCA. President of the NSW Bar Association.

^^^^
Not a comment on Rugby, just love the fact you've us ed PICKE RICK as your Avatar. Well played, sir.