Directors to pursue legal challenge against NRL

[Ulysseus]

The NRL's decision-making process was not fair, impartial or transparent. The NRL also did not provide the Club with an opportunity to obtain independent legal advice before imposing penalties or to argue about the appropriateness of the penalties that should be imposed.

I cant see an authors name or "said Joe Bloggs" after that grandiose little statement there, who wrote it?
Its absolute bullsh*t.

This will be f**king hilarious, even if they win, they'll convene a board a few weeks later and strip it straight back off them.

 

[Timmah]

Hold on, so the victim should be able to decide whether the punishment fits the crime? :lol:

 

[Bman26]

Exactly what part of the penalty is unlawful?

According to what I've heard and then had explained by the mrs who did 2 years of law before dropping it.

The Storm were according to the constitution entitled to the right of procedural fairness - a trial or something like that. They were denied this right. Easiest way to explain it is, Mr X commits a murder, everyone knows he did it, he admits it. He can't just go to jail, he has to have his right to procedural fairness which in his case would examine circumstances, mental state etc (circumstances probably don't apply to the Storm)

So the decision isn't illegal but rather the process through which it was made. I could be wrong but the word's 'Procedural Fairness' were thrown around a fair bit on the radio yesterday.

 

[Timmah]

According to the consitution? What constitution? The Australian Constitution? The Storm didn't break a law , they violated the restrictions placed on their operations by a private company (the NRL), and were punished by the same company for doing so. Why a "case" as if it were a legal matter (due process - the rorts were discovered and penalised - that is due process) is necessary doesn't make sense. The NRL should penalise as it sees fit to those who wrong them from within the organisation.

I'd love to know why we need to know rubbish like mental state and circumstances - they have no play here. They very clearly broke the rules and a punishment was necessary. Many believe it fair. This legal challenge is not in the best interests of anyone.

 

[Berkeley_Eagle]

yep lets let them pick their own punishment these blokes don't give a f**k about the game

 

[Bman26]

According to the consitution? What constitution? The Australian Constitution? The Storm didn't break a law , they violated the restrictions placed on their operations by a private company (the NRL), and were punished by the same company for doing so. Why a "case" as if it were a legal matter (due process - the rorts were discovered and penalised - that is due process) is necessary doesn't make sense. The NRL should penalise as it sees fit to those who wrong them from within the organisation.

I'd love to know why we need to know rubbish like mental state and circumstances - they have no play here. They very clearly broke the rules and a punishment was necessary. Many believe it fair. This legal challenge is not in the best interests of anyone.

Clearly I don't have all the answers. Best off ringing a Q.C or a Barrister, paying for their time and finding out.

 

[Collingwood Storm]

It's the vibe.

 

[Bman26]

It's the vibe.

He wins the thread.

 

[DJShaksta]

Go hard you good things.

All we're asking for is a fair go.

The Storm breached the NRL's Salary Cap rules and were dealt a swift and severe penalty.

If the NRL have been found the administer the punishment unlawfully, then they too deserve to be dealt with accordingly.

I can tell you one thing: If Gallop has screwed things up, he can start packing his bags now...

Fair GO??? Your club BROKE THE FUGGING RULES for 5 years running and still are!

Gallop hasn't screwed anything up, your club screwed up, royally, and you were punished. Deal with it.

 

[Ulysseus]

He wins the thread.

He wins all my internetz forever.

 

[Bman26]

trying to decide if you were being sarcastic or not. I'll give you the benefit of the doubt and say you weren't.

 

[Ulysseus]

trying to decide if you were being sarcastic or not. I'll give you the benefit of the doubt and say you weren't.

No sarcasm mate.
The timing of his call was impeccable.

 

[gronkathon]

Also I imagine the fist notice of motion to be served will be for a change of jurisdiction.

The NRL is a national organisation and the original proceedings were held in the Sydney head offices of the NRL.

NSW Supreme Court or most likley the Federal Court is the correct venue. The only action that could be taken in the Victorian Court system would be againat those who signed the affadavits regarding the Storms adherance to the cap. That is if the documents were signed and witnessed in Victoria

 

[Bman26]

The directors will claim the penalties were made in breach of the NRL's rules and contract rules and are therefore invalid. In a writ filed in the court on Friday, they also said they would seek an injunction to restrain the NRL from imposing the penalties.

http://www.foxsports.com.au/story/0,8659,27122786-5018866,00.html

That might answer some questions.

 

[Timmah]

Clearly I don't have all the answers. Best off ringing a Q.C or a Barrister, paying for their time and finding out.

Therein lies the issue - lawyers wanting money. Scum of the earth.

 

[Timmah]

How exactly are the penalties in breach of the rules?

And if they are, is the potential result of Melbourne escaping unpunished for this really the best result for ANYONE at all?

 

[Fui!!!]

If they were worried before about the reception they would get when they play in Sydney, now they should be sh*tting their pants.

 

[bileduct]

How exactly are the penalties in breach of the rules?

Read the articles you dope! The Cheats are saying that the NRL did not follow it's own procedures, and as such the Cheats were not afforded due process.

They are arguing about the process from which the penalties were derived, not the penalties themselves.

I hate these pieces of sh*t, but I can still understand their argument.

 

[saint pebba]

Totally agree with you except it was Gallop alone who came up with the penalties, not the NRL. I also want to add, I cannot see how these independant board members think it will go down with News Ltd if they challenge. News Ltd and John Hartigan have been very fair towards the Storm, saying they will continue to bankroll the club, but oppose any challenge.

STORM BOARD - DO NOT BITE THE HAND THAT FEEDS YOU.

how do you know it was gallop alone?

 

[skeepe]

But the Cheats admitted the breaches and agreed to the penalties! Rob Moodie sat there in the press conference and unequivocally stated that they accepted the penalties in full. How can they claim denial of due process when they themselves waived the right?

It's sheer lunacy!