JDB Federal Court Challenge

Discussion in 'Rugby League Forum' started by Indy0204, Apr 16, 2019 at 4:20 PM.



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  1. Indy0204

    By:Indy0204Apr 16, 2019 at 4:20 PM
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    It looks like the NRL have taken a bit of a hit today in Court:

    https://www.foxsports.com.au/nrl/nr...l/news-story/3d8394f8bb229e9118aa011bf1b624bf

    One of things they were relying on to justify the introduction of their 'no-fault' policy is historical evidence of their NPS or Net Promotor Score, which is essentially how likely someone is to recommend the NRL to another person.

    The NRL's case thus far has been that because of the off field incidents, the NRL's NPS has been reducing and this reduction has required the introduction of the policy.

    The judge, has thrown out the evidence for a lack of relevance to the case.

    I am a law student, but am not quite sure with the precise question of law that is being put to the Federal Court. My understanding is that this is an issue of administrative law; the NRL is a body which was presumably empowered by Federal Act and can make decisions within the ambit of the authority delegated to them. They will not be able to violate fundamental freedoms which include principles of natural justice - i.e. the right to a fair trial and the presumption of innocence.

    So the case will turn on whether the NRL had the authority to bring in this policy.

    All in all, looks like a bit of a blow to the NRL's case and we might be seeing JDB and Dylan Walker back in action sooner rather than later!
     
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    • The Wheel

      By:The WheelApr 16, 2019 at 4:27 PM
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      I am no legal eagle but is it a restraint of trade in this case for no justifiable reason? Ie they are not allowing JDB to apply his trade especially given he in the eyes of the law is innocent at the moment
       
    • Indy0204

      By:Indy0204Apr 16, 2019 at 4:31 PM
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      I think that's what's been plead by JDB's counsel so far. I imagine his team are arguing multiple grounds for why the policy is invalid. I think there is also a real issue with the possibility of interfering with the right to fair trial of these players. It will be very hard to empanel a jury who do not know who these players are because of the controversy that has been caused. And even though it's called a 'no-fault' policy, the issue is that it is a form of pre-judicial punishment which can invite bias and preconceptions from potential jurors.

      For the legal nerd in me, it is a very interesting case!
       
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      • Mark from Brisbane

        By:Mark from BrisbaneApr 16, 2019 at 4:37 PM
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        I’m no legal eagle either but it’s a dumb **** rule and deserves to be ****ed off to oblivion!!

        This is the rule to prejudge and penalise a player before their day in court as nothing to do wether I think the players are guilty or not.
         
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        • Brissie Kid

          By:Brissie KidApr 16, 2019 at 4:47 PM
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          I'm no legal beagle wither, so i can't explain how the NRL can ban anyone that they don't employ. The clubs employ the players.
           
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          • Brissie Kid

            By:Brissie KidApr 16, 2019 at 4:48 PM
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            As a responsible member of the Australian community, the NRL and its sponsors should be standing up for Australian principles of democracy and justice. Innocent unless proven guilty.
             
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            • nightster

              By:nightsterApr 16, 2019 at 4:49 PM
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              In that case Turdy Greenburglar and Peter Beatoff should be on trial, its their uneven playing field, that allows eye gouging from the pets but gives manly 2 weeks suspension for an accidental slap, that is reducing the NPS
               
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              • BrendonStarr

                By:BrendonStarrApr 16, 2019 at 4:52 PM
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                Greenburg should do time over this
                 
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                  Last edited: Apr 16, 2019 at 6:08 PM
                • Harvies elbow

                  By:Harvies elbowApr 16, 2019 at 4:54 PM
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                  The idiots implement things to make themselves look good but end up looking like turkeys.
                  Time and time again...
                   
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                  • Loobs

                    By:LoobsApr 16, 2019 at 4:56 PM
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                    Pretty sure the NRL's is basing their arguments off the same legal principles as Dennis Denuto...
                     
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                    • mjb136

                      By:mjb136Apr 16, 2019 at 5:00 PM
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                      If the NRL are relying on what is tantamount to a customer satisfaction survey (NPS) as the reasoning behind the creation of the behavioural guideline, that in effect creates a restraint of trade, then the FC Judge quite rightly will pay no attention to it. I will be surprised if the appeal is not upheld and de Belin not free to play. Counsel for de Belin have played the smart angle on his inability to earn future income due to ignoring the presumption of innocence by not allowing him to play and showcase his skill due to a trial that could last months/years.

                      Interesting precedent to be set here either way for all sporting codes. Let's hope that it ends the career of Greenturd and his moronic chairman Peter Beat-off
                       
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                      • Andyvb88

                        By:Andyvb88Apr 16, 2019 at 5:00 PM
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                        Has walker been training with the team?
                         
                      • nightster

                        By:nightsterApr 16, 2019 at 5:01 PM
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                        Sennnsational
                         
                      • Indy0204

                        By:Indy0204Apr 16, 2019 at 5:07 PM
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                        I believe he continues to train with the first team!
                         
                      • brad

                        By:bradApr 16, 2019 at 5:07 PM
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                        I hope both boys get to play so I can sit back and watch pecker head squirm his way out of it.
                         
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                        • tookey

                          By:tookeyApr 16, 2019 at 5:22 PM
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                          If De Belin wins which he should then both Beatoff and Turdbugler will have no option but to resign

                          And they tick a lot of boxes on Izzy's list so they will go straight to hell
                           
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                          • Indy0204

                            By:Indy0204Apr 16, 2019 at 5:23 PM
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                            • SeaEagle21

                              By:SeaEagle21Apr 16, 2019 at 5:47 PM
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                              Think the NPS ratings fall has more to do with Greenberg's bad administration
                               
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                              • Eagle of London

                                By:Eagle of LondonApr 16, 2019 at 5:49 PM
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                                I'm with the NRL and the NPS figures they use. It's a very credible point the make.

                                The NPS is based on the PPS ( pooch prodding scale) that was used when Mitch Pierce attempted intercourse with that dog all those years ago. Apparently that one prodding caused the PPS to go from Negitive 20 to positive 320453. Dogs were flocking to the game like never before in the hope of a good shafting. Unfortunately the head dog greenturd decided to make it his life work to shaft any Seaeagle south of Newcastle first and foremost.

                                Cant believe the judge would disregard such strong evidential evidence.
                                 
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                                • Shoe1

                                  By:Shoe1Apr 16, 2019 at 5:51 PM
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                                  It is laughable that a reputable organization would even consider tendering a customer survey in court as justification for an action. Who is advising these fools?
                                   
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