Injunction / Appeal hearing - Rugby vs ARU! 23.08.2017

[SNOB]

Ah but it's not financial anymore it's high performance oh no now it's to far to come over here. What utter BS!!

I'm waiting for the reason to be "Intensesy" that's the cause of all the Wobblies losses!

[JPR]

The decision to remove the Force was made on 17th Feb 2016 made by the ARU to SANZAAR in Luxemburg.
As the attached media report dated 1st Feb 2016.
The eight-member SANZAAR board, representing the South African, New Zealand, Australian and Argentinian rugby unions, meets in Luxembourg on November 17 to discuss three options - maintaining the competition at 18 teams or reducing it by two or three clubs.
The alliance agreement between the Force & ARU has no bearing with the past broadcasting agreement between the ARU & SANZAAR, or the revised version except for the clause that the Force will be part of Super Rugby until 2020.
My point is the ARU had already proposed the sacrificial lamb to SANZAAR long before the Alliance agreement was made, the judge is correct in revisiting the arbitration, firstly the reason presented by the ARU were vague, and secondly did the ARU act in good faith with regards to their Alliance Agreement with the Force.

https://thewest.com.au/sport/rugby-u...u-ng-ya-201466

[shasta]

The decision to remove the Force was made on 17th Feb 2016 made by the ARU to SANZAAR in Luxemburg.
As the attached media report dated 1st Feb 2016.

Can't see an attachment JPR. If you have the reference can you have another go please?

[terrycobner]

The decision to remove the Force was made on 17th Feb 2016 made by the ARU to SANZAAR in Luxemburg.
As the attached media report dated 1st Feb 2016.
The eight-member SANZAAR board, representing the South African, New Zealand, Australian and Argentinian rugby unions, meets in Luxembourg on November 17 to discuss three options - maintaining the competition at 18 teams or reducing it by two or three clubs.
The alliance agreement between the Force & ARU has no bearing with the past broadcasting agreement between the ARU & SANZAAR, or the revised version except for the clause that the Force will be part of Super Rugby until 2020.
My point is the ARU had already proposed the sacrificial lamb to SANZAAR long before the Alliance agreement was made, the judge is correct in revisiting the arbitration, firstly the reason presented by the ARU were vague, and secondly did the ARU act in good faith with regards to their Alliance Agreement with the Force.

If they already made the decision how did they allow own the force to go ahead?

[sandgroperrugby]

If they already made the decision how did they allow own the force to go ahead?

Own the Force is a private entity in my understanding and nothing to do with the ARU. Or am I mistaken?

[travelling_gerry]

And the Force IP deal was on?

http://www.theroar.com.au/2016/02/18...n-800000-deal/


An the Intersting Article from the Australian - ARU owning the Rebels IP

https://www.google.com.au/url?sa=t&r...t1951KOzchRfKQ

[GIGS20]

In both of those articles it says the Force has an option to buy back "at any time"

I would suggest now is a really good time to tell Wayne Smith that we're phoning the ARU to exercise that option and have him document the resulting conversation.

There is no way that could go badly for us.

1 The Gods smile on us and the ARU sell our rights back, at which point we make a public statement about them no longer having any rights to deal with us (Yes I know that's complete horseshit, but so is everything the ARU are spruiking about the Rebels, Brumbies, Reds and Tahs being safe)

2 The ARU are their typical insular and intransigent selves and refuse to even consider the option, which gives us another story. and another feather in the cap of our legal team/Senate inquiry etc

3 the ARU say the IP no longer exists at which point we immediately trademark all of the IP and claim it as our own, giving us the option of suing the ARU for trademark infringement if they use an image with our IP against our will.

Not sure whether letter one of any of this would stand up in court, but it'd be funny to watch Clone (who seems less and less legally competent by the minute) try to bullshit his way out of that one!

[sandgroperrugby]

I thought it was already reported that RugbyWA had already contacted the ARU to do just that. Hansie are you guys still on hold listening to elevator music?

[JPR]

Can't see an attachment JPR. If you have the reference can you have another go please?

Sorry please see my comment again link has been added

[Chopper1]

Any updates on the appeal yet guys ???

[terrycobner]

In both of those articles it says the Force has an option to buy back "at any time"

I would suggest now is a really good time to tell Wayne Smith that we're phoning the ARU to exercise that option and have him document the resulting conversation.

There is no way that could go badly for us.

1 The Gods smile on us and the ARU sell our rights back, at which point we make a public statement about them no longer having any rights to deal with us (Yes I know that's complete horseshit, but so is everything the ARU are spruiking about the Rebels, Brumbies, Reds and Tahs being safe)

2 The ARU are their typical insular and intransigent selves and refuse to even consider the option, which gives us another story. and another feather in the cap of our legal team/Senate inquiry etc

3 the ARU say the IP no longer exists at which point we immediately trademark all of the IP and claim it as our own, giving us the option of suing the ARU for trademark infringement if they use an image with our IP against our will.

Not sure whether letter one of any of this would stand up in court, but it'd be funny to watch Clone (who seems less and less legally competent by the minute) try to bullshit his way out of that one!

If it says buy back at anytime what are we waiting for?

[GIGS20]

I think that's the IP, not the license, so my post is a little misleading, however our IP will be valuable in the context of a new international competition. We will want to compete as the Force (even if only to stick it up the ARU)

[blueandblack]

Any updates on the appeal yet guys ???

No. Justice Hammerschlag is attending to other matters today. He may hand down a decision this week, but it is unlikely.

[wjm]

On the money. I can recall a case where a large international company had harassed and financially crippled a small group of people over a period of about 6 years. A case was being prepared to overturn this. Affidavits were being sought by a well known WA investigative journalist and at one stage he approached one of the company's Australian managers. On their side staffers were told nothing was ever to be committed to paper or e mail, word of mouth only from day 1 - there was a conspiracy happening. In any event the manager in question replied that "I won't swear an affidavit but if you subpoena me I won't perjure myself for the bastards either". Others soon followed suit the conspiracy was proved, the company's legal straitjacket fell apart and those families could get on with their lives. Last I heard they were counter-suing.

My point is that people in the know might well keep things under wraps under the boss's direction to a point. That point is, in the vast majority of cases, passed when it comes to testifying under oath. Bring on the inquiry. Will be the best thing to happen to the governance of the game in Australia.

Shasta i think you will find now that they are now known as "afterdavids"

[shasta]

Shasta i think you will find now that they are now known as "afterdavids"

Yeah saw that somewhere too but can't recall where.