SBW will not play again this year

[eastsrule]

Has he even signed a contract with a French RU club yet?

He is definitely not in Australia...

 

[Cockadoodledoo]

You aren't a lawyer. But you are 100% correct.

The Supreme Court of NSW, Federal Court of Australia or High Court of Australia has jurisdiction over Australian/NSW Sovereignty only.

The Court of Cassation would have difficulty in recognising Australian law. I don't think the French like being interfered with by "smaller" nations such as Australia.

What about taking it to the Super Supreme Court and if that doesn't work, the Hawaiian Court..

 

[Cockadoodledoo]

In a funny way I hope Khoder Nasser screws Sonny Bill out of most of the contract money sothat Sonny Bill eventually tries to take Nasser to court.

 

[The_Savage_1]

boys boys boys, forget all these international courts.

the supreme court or federal court in australia will do the trick. it is an australian civil matter. just because he is overseas, that doesn't matter, all it means is he has to be served overseas or his solicitors could accept service on his behalf. the cause of action arose in australia, hence australia is the appropriate jurisdiction.

obviously the matter will be defended, but assuming $BW gets his arse handed to him and judgment is awarded (including damages), if he doesnt pay you issue a bankruptcy notice, then a creditor's petition, then bankrupt him.

his trustee can then garnish his wages (internationally) and also flag his passport at customs (so that if he ever does come back to australia he won't be leaving again). if his employer does not honour the garnishee, they can sue them. if he has assets, such as real property, unencumbered vehicles, etc. they can be sold too.

i dare say the australian judgment could probably be registered in the french legal system as well.

it wouldnt get that far anyway, but the point is he aint getting away with it, and it can be pursued in australia. they may choose to do it another way, but it can be done here.

 

[eastsrule]

boys boys boys, forget all these international courts.

the supreme court or federal court in australia will do the trick. it is an australian civil matter. just because he is overseas, that doesn't matter, all it means is he has to be served overseas or his solicitors could accept service on his behalf. the cause of action arose in australia, hence australia is the appropriate jurisdiction.

obviously the matter will be defended, but assuming $BW gets his arse handed to him and judgment is awarded (including damages), if he doesnt pay you issue a bankruptcy notice, then a creditor's petition, then bankrupt him.

his trustee can then garnish his wages (internationally) and also flag his passport at customs (so that if he ever does come back to australia he won't be leaving again). if his employer does not honour the garnishee, they can sue them. if he has assets, such as real property, unencumbered vehicles, etc. they can be sold too.

i dare say the australian judgment could probably be registered in the french legal system as well.

it wouldnt get that far anyway, but the point is he aint getting away with it, and it can be pursued in australia. they may choose to do it another way, but it can be done here.

Can the Federal Court prevent Sonny Bill from playing rugby union in France based on his contract?

 

[herbert henry1908]

Can the Federal Court prevent Sonny Bill from playing rugby union in France based on his contract?

The key thing is though he clearly could still be sued for damages. And i for one hope the Bulldogs sue the living tripe out of the f*cker!

make him a bankrupt!

 

[miguel de cervantes]

I am now starting to seriously doubt that Sonny Bill has or will sign with Toulon or any French Rugby Union club for that matter.

1. The customs officer said he was only going for 6 months.

2. If he intends to stay more than 90 days in France, he will need a visa.

3. For foreigners without French residency permits, if you intend to work in France you need a work visa. For this a contract must have been signed between employer and employee with at the very least a 4 week delay for processing. SBW would have had to have signed at least four weeks ago. The president of RCT denies this. Could he be heading for another club???

That's the visa side covered, now the more interesting stuff for our budding lawyers. The following points are drawn from LNR, French Top14 governing body rules regarding player transfers to Top14 or promotional clubs, as is the case in RCT.

1. Closing date of the period of player transfers: 15th of July, or 17th if the contract was received by mail on the 15th.

This sort of explains Gasnier, if he is to be considered as a core squad member. For SBW however,

2. 3 supplementary players can be recruted for promotional clubs up until the 31st of January 2009.

Toulon have not yet announced their 3 extra players.

Finally, the clincher

4. In order for the contract to be honoured and in order for the player to participate in the Championship or France, the club has to justify 8 days before the date of the first premiership match at the latest the absence of a contractual agreement of the player with any other club or orgamism of rugby from said date and for the duration of the 2008/2009 season.

For players coming from a foreign federation, a release agreement is required to be delivered from that federation in the form of the offical forms established by the IRB.

Here is an example of this form. The question is does the NRL fall under the definition of a federation in the LNR document, because under the IRB document definitions, the NRL does not fall under the definition of a Union (they don't sit on the IRB).

So I guess that he could be considered as just a new player and not as a transfer, meaning provided the LNR aren't worried about legal action from the NRL, Bulldogs etc. they will honour his contract.

 

[mattyg]

I'm wondering how he is gonna go for 6 months with just the clothes and stuff in his bag? It wouldn't surprise me if its a bit of a beat up, and SBW is just over there to talk about a possible deal :s

 

[dallymessenger]

gasnier and SBW gone from the nrl.

they cant be replaced.

the nrl needs to loosen the 3rd party allowances or introduce a marquee player system where 1 or 2 from each club are salary cap exempt

and im sure the nrl can get an injunction just like when tallis had to sit out a year, SBW might have to sit out 4 years unless the union club convince the dogs to release him by giving them loads of money

 

[dallymessenger]

The key thing is though he clearly could still be sued for damages. And i for one hope the Bulldogs sue the living tripe out of the f*cker!

make him a bankrupt!

gallop is saying they can get an injuction on him playing anywhere around the world except for the dogs.

 

[nadera78]

boys boys boys, forget all these international courts.

the supreme court or federal court in australia will do the trick. it is an australian civil matter. just because he is overseas, that doesn't matter, all it means is he has to be served overseas or his solicitors could accept service on his behalf. the cause of action arose in australia, hence australia is the appropriate jurisdiction.

obviously the matter will be defended, but assuming $BW gets his arse handed to him and judgment is awarded (including damages), if he doesnt pay you issue a bankruptcy notice, then a creditor's petition, then bankrupt him.

his trustee can then garnish his wages (internationally) and also flag his passport at customs (so that if he ever does come back to australia he won't be leaving again). if his employer does not honour the garnishee, they can sue them. if he has assets, such as real property, unencumbered vehicles, etc. they can be sold too.

i dare say the australian judgment could probably be registered in the french legal system as well.

it wouldnt get that far anyway, but the point is he aint getting away with it, and it can be pursued in australia. they may choose to do it another way, but it can be done here.

I was just about to post something very similar. Talking to my girlfriend (who is a lawyer, not a roosters supporting student!) about all of this and she said the same as you.

The Bulldogs won't be able to stop him playing RU in France, but they will be able to take him to the cleaners. And if he doesn't pay up then they can basically take everything he owns to cover the amount.

 

[Perth Red]

I wonder what they could sue him for?

Loss of earnings through reduced corporate sponsorship?
Loss of gate receipts from reduced attendance?
Loss of potential earnings from winning more games?
Damage to the reputation of the Bulldogs company? (he he)

Some of it would be hard to prove but stranger things happen in courts!

 

[Murphdogg1]

I still remember the passion he had on debut for NZ back in 04. Came off the bench and smashed everything. Long time ago now

As a Kiwi our WC is pretty much stuffed now. Hope Benji or someone else from NZ sprays him.

Why not just wait till his contract is up? Dumbass softcock.

Obviously if this all media bullsh*t i retract all of this.

I know he hated the spotlight and all of that but i have no sympathy. He should have sorted his sh*t out last year when he had options.

 

[Patorick]

http://www.news.com.au/dailytelegraph/sport/nrl/story/0,26799,24082968-5016307,00.html

Expert Opinion

Article from: The Sunday Telegraph

Good riddance to disloyal star Sonny Bill Williams

By Phil Rothfield, Executive Sports Editor | July 27, 2008 12:00am

SONNY Bill Williams' biggest mistake was joining rogue player manager Khoder Nasser's stable with Anthony Mundine. From the moment he linked up with the boxing promoter's circus, Sonny Bill's career was always going to be on the skids.

He immediately distanced himself from his Bulldogs team-mates and started a downward spiral heading towards yesterday's dramatic disappearance.

Loyalty in the Mundine camp has never been a priority. Years ago, the former league star performed a similar act to his then club, St George Illawarra when he left the country unannounced mid-season.

Sonny Bill's decision to leave yesterday is nothing but a gross act of disloyalty to his club, his coach, the fans and the game. This bloke gets paid $500,000 a year yet doesn't even have the decency to tell the club he is leaving to do a secret deal in Europe.

The Dogs will no doubt take legal action against Sonny Bill and the French officials trying to persuade him to break a deal.

It's a shame they don't just sit back and say good riddance - because the club will be better off without such a disloyal person, no matter how good a footballer he is.

Say what you want about Rothfield and his agendas, hard to disagree with him here.

 

[mangeur de grenouilles]

Erm, one thing everyone seems to have overlooked is that Top 14 squads had to be nominated a few weeks ago. Now, I highly doubt Toulon had him on their list they gave to the FRU, or LNR, or whichever governing body required these lists. It's why Gasnier had to make a decision when he did.

Sorry for my english, i'm french but:

On Friday, July 25th, during the executive committee of the LNR, the decision was begun to prolong the period of the transfers of 7 weeks. As from this Friday, July 25th until September 10th, 30 professional clubs can pursue their recruitment.

 

[eastsrule]

gallop is saying they can get an injuction on him playing anywhere around the world except for the dogs.

Well they can't.

Another thing to consider is that Sonny is an NZ citizen, not an Australian citizen.

People in this topic are talking down on me but then they are saying the same thing as what i'm saying.

Bulldogs can sue him in Australia and take him to the cleaners. They cannot stop him from playing RU in france. Simple.

 

[shane1970]

New 'nick-name' for Money Bill - ANKLES - Reason - Cause he's three feet lower than a c##t.

 

[gunnamatta bay]

First thing Monday stick a caveat on anything he owns and any investments. This guy and his smart arse manager need to be made examples of.

 

[gunnamatta bay]

lol just listening to Greg Hartley on 2ky and he compared this treachery to the Japanese attack on Pearl Harbour.

 

[bobmar28]

Maybe Toulon should pay a transfer fee, $3 million?

I've heard this before, has anything been done about it? All players should sign a contract with the NRL and part of their salary is retained in a special super account which they forfeit if they break their contract.