Western Force launch legal action in fight over Super Rugby future

From Wayne Smith at the Australian:

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“That tier (professional rugby) is the one that is causing most concern.”

It could soon be causing concern for other reasons. The Force’s position has been strongly supported by the West Australian government, which has made it clear that it will take a dim view if the Perth club is cut after the state government poured about $100 million into the redevelopment of NIB Stadium on the understanding that there would be an ongoing Super Rugby presence in the city.

At present, legal action has been only hinted at by the government but the ARU would be wise to treat the threat very seriously.

http://www.theaustralian.com.au/spor...deeedf3cbf8b74

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Does Wayne Smith know something about exchanges between the WA Government and the ARU which we don't?

There was a public statement to that effect from the WA government. With a little reading between the lines, I can see where Wayne got that from

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Originally Posted by GIGS20

There was a public statement to that effect from the WA government. With a little reading between the lines, I can see where Wayne got that from

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Still, not a bad question. You'd hope a responsible government would ask for some undertakings re ongoing stadium use before coughing up $100 mil.

PS: apologies to Ox for using responsible and government in conjunction. ;)

From what I've read, it seems unlikely that WA Govt can take legal action without having had any formal agreement with the ARU. The Force are the only entity who have the current contract with ARU, not sure if its possible for the Govt to chase the ARU unless their angle is to put the pressure on financially as regards holding the Test matches in WA, and waving the $5mill tag under their nose.

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Originally Posted by valzc

From what I've read, it seems unlikely that WA Govt can take legal action without having had any formal agreement with the ARU. The Force are the only entity who have the current contract with ARU, not sure if its possible for the Govt to chase the ARU unless their angle is to put the pressure on financially as regards holding the Test matches in WA, and waving the $5mill tag under their nose.

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Verbal Contract?

The other possibility is that the WA Govt sting ARU with all kinds of state based fees for facilities and stuff. The Donald Trump solution for getting Mexico to pay for a wall!

From a story by Nick Taylor in The West

The Government has also thrown its weight behind the Force’s legal fight after they served a writ on the ARU notifying them of their intention to apply for an injunction against the plan to revoke their licence.
The Force have an alliance agreement with the ARU containing a clause that commits both parties through the current broadcast deal that ends in 2020.
“We are prepared to support RugbyWA in the enforcement of any rights that necessarily arise under that agreement,” Mr Murray said.
“The WA Government would closely investigate all previous negotiations, undertakings and representations by the ARU, should a decision be made to remove the Western Force from the competition.”

https://thewest.com.au/sport/rugby-u...-ng-b88460341z

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Originally Posted by wholetruth

From a story by Nick Taylor in The West

The Government has also thrown its weight behind the Force’s legal fight after they served a writ on the ARU notifying them of their intention to apply for an injunction against the plan to revoke their licence.
The Force have an alliance agreement with the ARU containing a clause that commits both parties through the current broadcast deal that ends in 2020.
“We are prepared to support RugbyWA in the enforcement of any rights that necessarily arise under that agreement,” Mr Murray said.
“The WA Government would closely investigate all previous negotiations, undertakings and representations by the ARU, should a decision be made to remove the Western Force from the competition.”

https://thewest.com.au/sport/rugby-u...-ng-b88460341z

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Sounds good. But are they going to give us one of their lawyers? because at this point in time i think RWA has more cash on hand than the WA state government.
also i'm pretty sure all their contract specialists are still walking back the Roe 8 ones. So we might have to get in line.

Good luck proving a verbal agreement. Isn't that why we have written down contracts that people actually sign?

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Originally Posted by StimpsonJCat

Good luck proving a verbal agreement. Isn't that why we have written down contracts that people actually sign?

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I am sure you can go back to the multiple press releases by the ARU saying they support 5 teams and get an implication that rugby was here to stay, hence building a new stand would be a good investment for the state.

Although I would not be surprised if there a few articles out there around construction time where the ARU would be saying how good it would be for the Force in the future and it was a great investment to make.

We are getting into 'good faith' territory here but if the WA Government says there was a verbal understanding of some sort and all indications in the media are that there was no indication the ARU would attempt to pull the rug from under them, surely there is at least a partial case there.

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Originally Posted by valzc

From what I've read, it seems unlikely that WA Govt can take legal action without having had any formal agreement with the ARU. The Force are the only entity who have the current contract with ARU, not sure if its possible for the Govt to chase the ARU unless their angle is to put the pressure on financially as regards holding the Test matches in WA, and waving the $5mill tag under their nose.

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Remember the Force are now the ARU - it was the Force (under RWA) who lobbied relentlessly for the redevelopment of nib, plus the establishment of their world class HQ. Numerous conditions and undertakings were made regarding those. So there are a number of legal avenues the WA government could take should the ARU pull the Force. Based on their current financial state, WA gov could bankrupt the ARU should they go after them as the owners of the Force.

That's the difference between the Rebels & Force sides. WA gov could ride in on their horse to join the battle while it would just be Cox and his lawyers on Vic.

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Originally Posted by LMSC

Remember the Force are now the ARU - it was the Force (under RWA) who lobbied relentlessly for the redevelopment of nib, plus the establishment of their world class HQ. Numerous conditions and undertakings were made regarding those.

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This is interesting, would there not be a clause in the Alliance agreement to say the ARU are no longer liable for past undertakings by the Force? If they opened themselves up to the previous 10 years of potential liability as well as guaranteed the existence of the Force until 2020.....man, remind me never to use the ARU's legal firm.

dont worry about 2020, if we survive the present crisis, we should be in for as long as the comp lasts

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Originally Posted by ranga

dont worry about 2020, if we survive the present crisis, we should be in for as long as the comp lasts

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So 2020? :P

Rebels coach Tony McGahan says the ARU will decide which Super Rugby franchise will be cut in six to eight weeks.

The admission came as somewhat of a surprise, as the ARU has refused to put a timeframe on the decision since narrowing their focus on the Force and Rebels a month ago.

That is in some part a consequence of the legal threats made by both parties but also encompasses the process the governing body is going through as it properly examines the case of both clubs.

http://www.rugby.com.au/news/2017/05...r-6-to-8-weeks

Mmmm, 8 weeks would make it July, roughly the same time http://owntheforce.com.au is open until.

It's also interesting that he has a timeline when it hasn't leaked (been told) to the media.