Galvin v the Tigers

[Murishido]

There are degrees though, letting self interest be the sole criteria can lead to a sport becoming irrelevant.

As corrupt as FIFA is, having a transfer system that the entire world adhere to, means that at least those at the bottom of the chain get some reward for their investment in junior development.

A player draft is also something that would be of great benefit to the NRL. People will say "the players dont want it" but in reality its the clubs who are against, especially the bigger clubs who want to be able to recruit whoever they want.

For example in some other sports, Galvin would have to enter into the player draft, and the Tigers would be compensated by either money, draft picks or other players.

1. We do have a transfer system. It's just made up talking head BS that this a solution.

With only one meaningful league and a salary cap it's tougher to strike a deal that works.

2. Draft issue is mainly the courts given it's already been ruled against. You only need one player to challenge it and you're screwed.

 

[Apey]

He's back!

 

[Gobsmacked]

He's back!

How awkward.

 

[Wb1234]

Isaac Moses has totally outplayed that club

That’s why they will always be a doormat

 

[kurt faulk]

.

How is it a shock move?

Benji said he felt it was better for that week that Galvin play nsw cup. It always sounded like a one week deal.

Seriously, listening to all the Moses media stooges saying the situation is untenable all week was hilarious. Gutter rats.

.

 

[Murishido]

All the NRL would have to do is demonstrate it was reasonable in the furtherance of the overall goals of the competition. There's absolutely no reason it wouldn't get up, especially if it used a model that already exists .

There’s no reason? Perhaps you should have been legal counsel when the courts decided there were reasons.

Furthering your goals isn't the test.

It would also be hard to argue it's needed when the chair and ceo have spruiked how much better the nrl is doing (based on selective metrics) than other comps

 

[Fangs]

Nice little play by the Tigers. That ends the bullying garbage.

Now Moses can go spend the rest of the week figuring out player swaps.

 

[Bazal]

There’s no reason? Perhaps you should have been legal counsel when the courts decided there were reasons.

Furthering your goals isn't the test.

It would also be hard to argue it's needed when the chair and ceo have spruiked how much better the nrl is doing (based on selective metrics) than other comps

No, the test is whether the restraint is unreasonable, and the furtherance of an overarching goal would be a significant demonstration of reasonableness. The ruling out of a draft in 1991 is precedential but has questionable relevance to a new draft unless they proposed an identical model, which would be classic NRL to be fair.

It's moot hypothetical chat anyway because the clubs don't want it, the RLPA don't want it, the managers sure as shit don't want it (and this thread shows how powerful they are in truth) and neither do the players. Tbh I agree that it's not needed, but my view is the restraint of trade thing is a possible hurdle but gets overblown. That's all

 

[ColdWetPanther]

No, the test is whether the restraint is unreasonable, and the furtherance of an overarching goal would be a significant demonstration of reasonableness. The ruling out of a draft in 1991 is precedential but has questionable relevance to a new draft unless they proposed an identical model, which would be classic NRL to be fair.

It's moot hypothetical chat anyway because the clubs don't want it, the RLPA don't want it, the managers sure as shit don't want it (and this thread shows how powerful they are in truth) and neither do the players. Tbh I agree that it's not needed, but my view is the restraint of trade thing is a possible hurdle but gets overblown. That's all

Be interested in your perspective if, if challenged, the salary cap would also be considered a restraint of trade?

 

[League Unlimited News]

 

[84 Baby]

Be interested in your perspective if, if challenged, the salary cap would also be considered a restraint of trade?

That’s some triggering words for some Tiger fans.

It is a restraint of trade however all clubs, players and hangers on agree to it when they sign an NRL contract.

 

[Murishido]

No, the test is whether the restraint is unreasonable, and the furtherance of an overarching goal would be a significant demonstration of reasonableness. The ruling out of a draft in 1991 is precedential but has questionable relevance to a new draft unless they proposed an identical model, which would be classic NRL to be fair.

It's moot hypothetical chat anyway because the clubs don't want it, the RLPA don't want it, the managers sure as shit don't want it (and this thread shows how powerful they are in truth) and neither do the players. Tbh I agree that it's not needed, but my view is the restraint of trade thing is a possible hurdle but gets overblown. That's all

Not really an overarching goal decided by the constriciting party can't a reasonable test. Otherwise you could simply define an overarching goal as having slaves.

Even the provision of an equally matched competition (the argument) wasn't a valid goal in the previous case without tying it to long term viability.

The goal would be subject to the same reasonable requirements.

The fact you're saying it isn't required suggests the RLPA can probably find someone to argue that view point .

 

[Marshall_magic]

Who is Galvin going to (be forced to) sit next to in the sheds here?

Turuva $1.90
Luai $2.50
May $3.75
Api $5.00
Other $10.00

gamble responsibly

 

[Bazal]

Be interested in your perspective if, if challenged, the salary cap would also be considered a restraint of trade?

I'd say it is probably a restraint, in some form, but that it's absolutely reasonable in any case. It's reasonable to try and level the playing field but definitely reasonable to take steps to prevent clubs from going broke, which is the real core purpose of the cap. Tbh there's no real firm answer though without testing it through to a decision. Which is usually the case.

I don't think anyone would say it's more unreasonable than a non-compete clause in an employment contract for the sake of a pub chat about it, and a lot of us posting here no doubt have those. But in these chats I'm pretty much just a nerd with a professional interest.

And as @Murishido says just up there, you can usually find a lawyer to argue any f**king thing and a good argument can go a long way in civil law.

 

[Gobsmacked]

Who is Galvin going to (be forced to) sit next to in the sheds here?

Turuva $1.90
Luai $2.50
May $3.75
Api $5.00
Other $10.00

gamble responsibly

Let the poor young fella go ffs
O that's right, can't win without him...

 

[Bazal]

Who is Galvin going to (be forced to) sit next to in the sheds here?

Turuva $1.90
Luai $2.50
May $3.75
Api $5.00
Other $10.00

gamble responsibly

Benji and Richo

 

[Marshall_magic]

Be interested in your perspective if, if challenged, the salary cap would also be considered a restraint of trade?

I remember it being a big talking point around the time Sonny Bill walked out on the dogs, especially on here. It was reignited a few years later when the Storm got done rorting it. There’s probably an argument to be had about it. Would be an interesting trial to see go ahead.

 

[Ruby Roundhouse]

Smart move by benji, they need him there

 

[Gobsmacked]

Smart move by benji, they need him there

They're going to get pumped by the Sharks regardless now. You can't be off at all playing them.

 

[JamesRustle]

They stuffed Bud Sullivan around a fair bit too... sign him, he relocates, play him (granted his form was not good), drop him, shop him around, tell him he's not in coaches plans and free to go, push him into a loan deal (yes, he agreed - best getting out of that environment, playing and developing), probably had to relocate again. I hope he negotiated new terms so he has the whip hand if he wants to extend his loan deal with Souths until his contract expires... At least they are paying him decent coin (overs).

Maybe they aren't bullying their young signings, but gee they treat them like shit.