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Where to for Super Rugby?

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FiveStarStu

Bill McLean (32)
On the same case perhaps.


This is probably their next move - challenging the arbitration has been exhausted so they would need to challenge the agreement itself and whether it was signed under false pretenses.

My legal expertise is restricted to two semesters at uni so I've got no idea if or how they'd be successful.
 

fatprop

George Gregan (70)
Staff member
Don't get me wrong, I don't think they have a chance after reading that decision. The alliance agreement, for all the talk around it this year, seems pretty straightforward.

Doesn't mean it's not possible.

These are the two clauses

Clause 1.1 of the Alliance Agreement contains the following definition of Term:

Term means the period commencing on the Commencement Date and ending on the expiry date of the last of the SANZAR Broadcast Agreements (being 31 December 2020) or, subject to clause 2.4, if the last of the SANZAR Broadcast Agreements is terminated or renegotiated earlier as a result of the renegotiation of the commercial terms of a broadcast arrangement, such earlier date.

good luck to the Force if they think 2.4 isn't clear
 

Micheal

Nicholas Shehadie (39)
Honestly at this stage I'm so bitter I'd like to see them pepper the ARU with any and all legal avenues in an attempt to bankrupt them.

Let the state unions go broke as a result.

Burn the whole fucker down and start again. Centralise it this time.
 

Derpus

Nathan Sharpe (72)
Honestly at this stage I'm so bitter I'd like to see them pepper the ARU with any and all legal avenues in an attempt to bankrupt them.

Let the state unions go broke as a result.

Burn the whole fucker down and start again. Centralise it this time.

Meh, they got awarded costs so they are probably only paying 40% of the expense versus 160% for every failed lawsuit.

Plus a decent barrister is only like 10k a day. Bankrupting via litigation is not really viable.
 

Slim 293

Stirling Mortlock (74)
RUGBYWA STATEMENT

We are disappointed to announce that RugbyWA has been unsuccessful in appealing the arbitration decision in the Supreme Court of New South Wales allowing the Australian Rugby Union (ARU) to terminate the Alliance Agreement.

This now means the ARU have the ability to remove the Western Force from the Super Rugby competition. Based on previous correspondence we are expecting the ARU to confirm the termination of the Western Force’s participation in the Super Rugby competition. We understand that the ARU intend to continue with the Perth Spirit in the National Rugby Championship.

Since it was announced in April that one Australian team would be removed from the competition, it has been apparent that the ARU fully intended to discontinue the Western Force, a decision that disregards the nation’s third largest rugby playing community and destroys rugby union’s national footprint.

As we understand, the ARU had formed the view in February this year that the Western Force were the only team that could legally be removed from the competition, for the ARU to suggest there was an objective and transparent process, evaluating the merits of both the Western Force and Melbourne Rebels, was misleading and disrespectful to both RugbyWA and the Victorian Rugby Union. This has caused significant damage to both the game and the Super Rugby competition and reflects poorly on the ARU’s own values of honesty and integrity.

In 2015, to appease its international partners, the ARU agreed to expand the Super Rugby competition to 18 teams, despite protests from the Australian Super Rugby franchises. Up to that time, the Waratahs and the Reds had recently won Super Rugby titles whilst there were five Australian Super Rugby teams and the Wallabies had featured in the 2015 World Cup final.

It would appear the ARU’s decision to cut a team has once again been based on prioritizing the preferences of the SANZAAR’s partners rather than a respect for the domestic game and ARU’s own strategic vision of inspiring all Australians with the game of rugby union.

RugbyWA hope that under new leadership, the ARU starts to openly and honestly address the real issues affecting the performance of Australia’s professional teams.

As a proud and passionate rugby state, rugby union will continue in Western Australia but the decision to remove the state’s professional franchise and aspirational pathway will do irreparable damage to the code in the West.

RugbyWA will evaluate its legal options and consider grounds to seek leave to appeal to the NSW Court of Appeal in the coming days. RugbyWA also welcome the proposed Senate inquiry proposed by Senator Linda Reynolds into the conduct of the ARU.

The RugbyWA Board and management and Western Force staff and players are very grateful for the assistance and support of Mr Andrew Forrest AO and look forward to exploring other playing options for the Western Force and rugby union players in Western Australia.

RugbyWA encourage the entire Western Australian rugby community to support the Wallabies this Saturday, 9 September against South Africa at nib Stadium in a display of the strength and passion of Western Australian rugby supporters.
 

Braveheart81

Will Genia (78)
Staff member
Agreed, seems wrong in hindsight to have gone to arbitration instead of challenging the agreement as a whole in court.


If the alliance agreement was voided though, the ARU owns the Force with no restrictions.

I don't think there was any legal avenue at that point to reverse the sale altogether.
 

Rugbynutter39

Michael Lynagh (62)
Sadly on legal grounds I would have been surprised if any other decision was reached.
Best bet is TF look for another competition...Super Rugby is screwed in any case as a product with ever dwindling interest.
Sad that only real loser in Oz in this as SARU ends up stronger by being in 2 competitions. But wait of course the ARU has a Plan B....oh yes that's right they don't! That is what has made me incredibly disappointed with the ARU - ie. no plan B.
Sad that the ARU has helped lose my interest somewhat in the professional game in this country and really do hope that we see the entire ARU board turnover over the next 6-12 months. As lot of healing to do in the rugby community from the damage inflicted by the ARU through poor management, let alone feeling confident that plans can be put in place that can salvage the professional game and give it some sort of long term life support.
 

Micheal

Nicholas Shehadie (39)
I've already made a post on /r/rugbyunion asking for our Northern Hemisphere friends to pitch me their club side.

I don't think I'll even be able to watch the Tahs anymore (I live in Sydney). The whole fiasco has left a horrible taste in my mouth.

I'll continue to support the Wallabies but I think that's it for me in terms of Super Rugby.
 

fatprop

George Gregan (70)
Staff member
Meh, they got awarded costs so they are probably only paying 40% of the expense versus 160% for every failed lawsuit.

Plus a decent barrister is only like 10k a day. Bankrupting via litigation is not really viable.


The ARU had a full set from Clayton Utz, SC Gleeson and a sol from WA assisting Gleeson. 10k? more like 10 times that.
 

Derpus

Nathan Sharpe (72)
I've already made a post on /r/rugbyunion asking for our Northern Hemisphere friends to pitch me their club side.

I don't think I'll even be able to watch the Tahs anymore (I live in Sydney). The whole fiasco has left a horrible taste in my mouth.

I'll continue to support the Wallabies but I think that's it for me in terms of Super Rugby.

Well ideally that's it for Super Rugby. It's pretty dire these days, makes no sense for SA etc etc.

One step back, two steps forward. Who knows, in a couple of years the dildo's on the board may be gone and we could have a pioneering young visionary creating a oceanic/SE Asian competition with a Perth team reinstated.
 
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chiraag

Larry Dwyer (12)
Yep, those clauses look pretty clear really. Clearly the legal eagles on the RugbyWA side didn't review the terms thoroughly enough, or were too naive in thinking the ARU wouldn't use this against them.

Would be interesting to see if this was an amendment proposed by the ARU, in which case it could be seen that the agreement wasn't made in good faith
 
M

Moono75

Guest
From the discussion in the judges ruling. He knows the ARU are wankers.

"Second, the parties do not have identical interests in the longevity of the Alliance Agreement, although hopefully they both had the interests of furthering the game of rugby union in mind."

"As the facts of this case demonstrate, they were supposed to be allies, but they were not friends."
 

Derpus

Nathan Sharpe (72)
The ARU had a full set from Clayton Utz, SC Gleeson and a sol from WA assisting Gleeson. 10k? more like 10 times that.

Furry muff, they'll still only be liable for a portion of it.

Fucking Clayton Utz are the ARU of the legal world. Why you'd ever pay such exorbitant fees for some overworked juniors shitstain on a page is beyond me.
 

swingpass

Peter Sullivan (51)
so in order to rub salt into the wound how long before the Rebels, Brumbies, Tahs and Reds announce their new signings ? the notices to re-locate to the Force players were sent several weeks ago.
 

Dctarget

Tim Horan (67)
I've already made a post on /r/rugbyunion asking for our Northern Hemisphere friends to pitch me their club side.

I don't think I'll even be able to watch the Tahs anymore (I live in Sydney). The whole fiasco has left a horrible taste in my mouth.

I'll continue to support the Wallabies but I think that's it for me in terms of Super Rugby.

I find this ambivalence interesting. I live in Melbourne and have been a Rebels member since their inception. Yet I followed the Reds from when I first started playing (just prior to the Rebels starting) and I could never fathom supporting another team.

I might not support the ARU or what ever administration but when it comes to the Reds and the Wallabies, fickle I am not.

I'm potentially even impressed that you can so wilfully sever yourself from your team. But as a true rugby fan (as we all are), how can you be so nonchalant with your support?
 

Rugbynutter39

Michael Lynagh (62)
I've already made a post on /r/rugbyunion asking for our Northern Hemisphere friends to pitch me their club side.



I don't think I'll even be able to watch the Tahs anymore (I live in Sydney). The whole fiasco has left a horrible taste in my mouth.



I'll continue to support the Wallabies but I think that's it for me in terms of Super Rugby.


Yes I have already made that decision...re: won't go to live Tahs game. As far as live games - shute shield and NRC are it for me (with occasional 7's game). Sadly I don't think the ARU have realised how much they have alienated rugby fans from the professional game. Burn it down and start again....starting with the removal of the entire ARU board (over time).
 
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