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Eels Salary Cap MK IV

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I'd suggest breaching the salary cap would be considered a strict liability offence and there is still no reason under the NRL rules couldn't have given us the same punishment if we had breached the salary cap by $1.

.

I can't see how all cap breaches (or more importantly the punishments for breaching the cap) can be reduced to to a strict liability basis. A number of breaches occur because of the resolution of events that are uncertain at the time you contract players.

It is true that the NRL can issue whatever penalty they see fit, and the code of conduct suggests that you can't challenge an eventual finding of guilt, but you can challenge both the process and the penalty applied (at least via Ian Callinan 'the other Ian'), and you can challenge process further in court.
 

strider

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:lol: .... funny stuff .... I hope we one day get a Lion Tamer on board


re: proving TPAs are legal .... surely there has to be some proof of them being illegal :(
 

Chipmunk

Coach
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17,356
I can't see how all cap breaches (or more importantly the punishments for breaching the cap) can be reduced to to a strict liability basis. A number of breaches occur because of the resolution of events that are uncertain at the time you contract players.

It is true that the NRL can issue whatever penalty they see fit, and the code of conduct suggests that you can't challenge an eventual finding of guilt, but you can challenge both the process and the penalty applied (at least via Ian Callinan 'the other Ian'), and you can challenge process further in court.

For all salary cap breaches in the past (the minor ones), has the NRL generally cared why you broke the salary cap, when issuing the penalty?
 

Chipmunk

Coach
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17,356
2. Adding all TPA's from the spreadsheet to our cap was because proof of innocence is impossible in this type of circumstance and therefore proof of guilt is assumed (see 1 and 2 above)

Can you explain/elaborate more on this comment?
 

emjaycee

Coach
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13,776
Can you explain/elaborate more on this comment?

Smells like a duck, looks like a duck, walks like a duck - can't prove it isnt a duck.

How do you explain that you didn't negotiate TPA's when NOT negotiating them means you have no record of them (because you didn't negotiate them).

On the other hand, if you DID negotiate a TPA there is the chance that there is proof and therefore the assumption has been made that you DID negotiate all of them and the onus is on you to prove you didn't - which you cant.
 

emjaycee

Coach
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13,776
Public servant - clown
Restaurateur- clown 2
Politician- trapeze artist
Ex footballer - lion tamer
Ex junior rep coach - 2nd trapeze artist
Councilor - the MC

And there we have it!!! Our very own circus

Actually,

Restauranter - Ring Master
Public Servant - Clown
Politician - Trapeze Artist
Ex-Footballer - Lion Tamer
Ex Junior Rep Coach - Elephant Tamer
Councillor - Side Show Bob
Auditor - Ticket Booth Attendant
 

Stagger eel

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Staff member
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65,778
:lol: .... funny stuff .... I hope we one day get a Lion Tamer on board


re: proving TPAs are legal .... surely there has to be some proof of them being illegal :(

I shit you not, I never your post prior to my circus link...:lol:
 

Stagger eel

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Staff member
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65,778
Actually,

Restauranter - Ring Master
Public Servant - Clown
Politician - Trapeze Artist
Ex-Footballer - Lion Tamer
Ex Junior Rep Coach - Elephant Tamer
Councillor - Side Show Bob
Auditor - Ticket Booth Attendant

Fair enough I'll run with that lol
 

Kornstar

Coach
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15,578
Is the restauranteur the one who is no longer there but is quite vocal on twitter? His twitter pic is him posing bond like?
 

Stagger eel

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65,778
Is the restauranteur the one who is no longer there but is quite vocal on twitter? His twitter pic is him posing bond like?

Nah he was gone prior to mid 2015 I'm sure emjayce will confirm that...

The restauranteur was also known as the used car salesman on another website
 

strider

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Actually,

Restauranter - Ring Master
Public Servant - Clown
Politician - Trapeze Artist
Ex-Footballer - Lion Tamer
Ex Junior Rep Coach - Elephant Tamer
Councillor - Side Show Bob
Auditor - Ticket Booth Attendant

hang on - i'm confused .... councillor and public servant - aren't they the same?

where's the f**kin plumber ffs
 
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