Eels Salary Cap MK II

[Barry O'Speedwagon]

Well I suppose taking it further will only delay whatever penalty they had down is that right?

Well, it might very well work out that way, but if SS is correct in saying that they have tried to make representations re some of the allegations and have thus far been denied that opportunity....well that opportunity will come, and whatever evidence we have has to be considered. If our evidence or argument is shithouse or irrelevant, or just blames staff no longer here, I suspect it won't help too much. Hard to say until we see exactly what the breach notice contains.

 

[Gazzamatta]

Exactly. Good letter BTW. Written with equity claim in mind.

From our point of view, fairness is all we desire and expect.

Looks like our lawers are in this up to their boot laces. Go get em boys. Given everything else the NRL touches turns to sh**, what level of confidence is there that they have got this right?

 

[hineyrulz]

I think you're placing a little more importance on gambling that is warranted.

Yes, it's a lot of money, but it isn't the be all and end all.

First rule of punting mate, always follow the money.

 

[Johnny88]

Court action seems likely. Imagine if we lose points but fight it and 3 months later we win a court case and our points are restored be would go back to the top 4. The game will look like a farce. So much drama.

 

[Eelogical]

I like the part about the chance to "face our accusers"

 

[Eelogical]

Court action seems likely. Imagine if we lose points but fight it and 3 months later we win a court case and our points are restored be would go back to the top 4. The game will look like a farce. So much drama.

We thrive on drama. I am now convinced of that.

 

[parra-matters]

I think part of it is a message to the NRL that basically we'll fight you every step of the way if you want to penalise us based on media speculation, we have already seen a article from a lawyer saying that if the NRL penalise us 4pts or less as that was suspended then we have really no legal grounds to fight it if found guilty of anything, so Sharp is basically saying you take more than 4pts off us then we'll see you in court and since we have been given no chance to respond to stuff then the court may see the investigation as being unfair.
Imagine how the NRL would look if they took 8pts off us and then we took it to court and won and they had to give the whole 8pts back and pay our legal fees.

 

[Noise]

Sharp has continually said they have been transparent and working with the NRL during this whole process. How then haven't they had the chance to face their accusers if they have been providing them with info? Surely you would be providing documents/email/info on the condition that the context of those documents be explained??

 

[Gronk]

Court action seems likely. Imagine if we lose points but fight it and 3 months later we win a court case and our points are restored be would go back to the top 4. The game will look like a farce. So much drama.

Well Souths fought back and fairness prevailed.

 

[Dibs]

People with way more legal knowledge than me would be able to answer this, but wouldn't the first step be to get an injunction so we keep our points until after the courts make a decision?

 

[Noise]

People with way more legal knowledge than me would be able to answer this, but wouldn't the first step be to get an injunction so we keep our points until after the courts make a decision?

You have to find a legal way to get it to the courts in the first place

 

[Dibs]

You have to find a legal way to get it to the courts in the first place

No doubt but what I am saying is if it goes to court won't we keep our points until a decision is made?

 

[Barry O'Speedwagon]

People with way more legal knowledge than me would be able to answer this, but wouldn't the first step be to get an injunction so we keep our points until after the courts make a decision?

Not necessary here. I would think that any point penalty announced this week won't be immediately deducted. They'll wait until after they've considered our response. But even if the points were deducted....they can be added back at any time before the end of the regular season.

It will be some time before we got as far as going to court. We have to exhaust the NRL's own processes first.


PS: Don't forget that all the appeals and courts in the world are worth shit if we have actually done the wrong thing, and been penalised is a manner consistent with the nature of our breach.

 

[Chipmunk]

Looks like our lawers are in this up to their boot laces. Go get em boys. Given everything else the NRL touches turns to sh**, what level of confidence is there that they have got this right?

I'd say the NRL would be a little more than concerned of the possible outcome if the matter goes to court.

 

[andrew057]

Why are people blaming the NRL for the Eels f**k up?

 

[Dibs]

Not necessary here. I would think that any point penalty announced this week won't be immediately deducted. They'll wait until after they've considered our response. But even if the points were deducted....they can be added back at any time before the end of the regular season.

It will be some time before we got as far as going to court. We have to exhaust the NRL's own processes first.


PS: Don't forget that all the appeals and courts in the world are worth shit if we have actually done the wrong thing, and been penalised is a manner consistent with the nature of our breach.

Surely the points won't be deducted until the 28 days we have to respond to the breach notice? Not that it matters if we are going to lose them anyway. However I mean once and if we decide to take it to court and we are granted a hearing would this not be the first step? Especially if proceedings may not end until after the regular season. What I'm getting at is if we can't get our points back until we possibly win a court case and there is a possibility it may not finish in time what would the point be?

 

[Joshuatheeel]

Not necessary here. I would think that any point penalty announced this week won't be immediately deducted. They'll wait until after they've considered our response. But even if the points were deducted....they can be added back at any time before the end of the regular season.

It will be some time before we got as far as going to court. We have to exhaust the NRL's own processes first.


PS: Don't forget that all the appeals and courts in the world are worth shit if we have actually done the wrong thing, and been penalised is a manner consistent with the nature of our breach.

I reckon they are preparing to argue the penalty doesn't match the crime, not that we have done nothing wrong.

Based on what has been reported so far, even if they are correct, I am not sure wiping out our season is fair especially if we are under the cap for this year.

 

[Barry O'Speedwagon]

I reckon they are preparing to argue the penalty doesn't match the crime, not that we have done nothing wrong.

Based on what has been reported so far, even if they are correct, I am not sure wiping out our season is fair especially if we are under the cap for this year.

Quite possibly....and the penalty can be argued through the NRL appeals process.

We will most likely have to argue procedural unfairness if we are to take it further than that. And that is what it looks like SS's message is trying to set up an argument for.

 

[Barry O'Speedwagon]

Surely the points won't be deducted until the 28 days we have to respond to the breach notice? Not that it matters if we are going to lose them anyway. However I mean once and if we decide to take it to court and we are granted a hearing would this not be the first step? Especially if proceedings may not end until after the regular season. What I'm getting at is if we can't get our points back until we possibly win a court case and there is a possibility it may not finish in time what would the point be?

Yep, but we have to get to that point first.

As you've suggested, we'll have 28 days to 'show cause' first. Then we have to go through the NRL's appeals process (if available to us). At that point you'd consider your court options (if there are any)...which may involve trying to get an injunction (but that injunction would be very temporary unless we have a very compelling case).

Let's see what the breach notice alleges.

 

[Dibs]

Yep, but we have to get to that point first.

As you've suggested, we'll have 28 days to 'show cause' first. Then we have to go through the NRL's appeals process (if available to us). At that point you'd consider your court options (if there are any)...which may involve trying to get an injunction (but that injunction would be very temporary unless we have a very compelling case).

Let's see what the breach notice alleges.

Yes I know we have to get there first but I was responding (not clearly obviously) to someone saying if the court ruled in favour of us & the nrl had to give us the points back. I was just trying to find out if we would keep our points until the matter was decided if indeed it went that far