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JDB Federal Court Challenge

40 years an eagle

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Nov 22, 2017
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Should employers be entitled to enforce stand-downs whether they are paid or unpaid until guilt is proven?

Does that not go against our given right of innocence until guilt is proven?

Does standing down employees charged really minimise the corporate damage or does the extra debate and ensuing publicity do more damage than allowing the legal process to run it's course untampered?

How can a contract that waives you of one of your few basic rights be legal?
 

urulion

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Messages
196
Also agree. A finding of Jack being not guilty beyond reasonable doubt in no way means the NRL can be sued successfully. The court has ALREADY found against JDB in that the NRL had the right via their contract provisions to suspend Jack under the rules of the NRL based on the facts at the time.Given also the fact that the prosecution believed they had strong enough evidence to secure a conviction , it would be incredibly difficult to prove that the NRL acted unreasonably in applying a suspension with pay till resolution which is the almost universal way of dealing with these matters.

I’d hate to be funding that litigation.It would mean upon a not guilty verdict almost every employer in the country could be sued for what is basically a standard practice plus the NRL has been found to have acted legally by the Federal Court at the time of the suspension.
You’d have to hate money.
I agree it does not mean the NRL can be sued successfully by JDB. He was not successful in his court challenge for restraint of trade under Australian Consumer law. Unless the NRL can persuade a court that JDB is a vexatious litigant, nothing stopping him from making a further claim, or being joined as a party against the NRL.

I'd hate to see the players union waste so much of their time and funds by taking the NRL to court to overturn such a policy if the court has already made a ruling that the NRL had the right to suspend players and there was no further recourse to challenge the NRL on any other legal argument.

I would be very happy to fund this litigation if the resources were available. I believe Toddy acted grossly unjust with a policy that didn't even exist at the time. The applicant would be the Dragons and JDB would be joined as a party to the proceedings. There is no need for either party to wait until JDB's trial concludes and restraint of trade would not be an agitated argument.
 

40 years an eagle

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I would be very happy to fund this litigation if the resources were available. I believe Toddy acted grossly unjust with a policy that didn't even exist at the time.

He may well have "acted grossly unjust" in the eyes of the law by your or our understanding but does not De Bellend's signing of a contract with the NRL where he agreed to cop anything the NRL dream up negate any perceived NRL wrongdoing?

Contract law?
 

The Who

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And just to prove that the NRL's "discretion' policy favours certain clubs:
Parramatta flyer Maika Sivo will not be stood down under the NRL's no-fault policy, with the Fijian winger set to be cleared to play in round one.

The Sydney Morning Herald reports that sources close to the Sivo case expect NRL chief executive Todd Greenberg to approve the decision to allow the NRL's top try-scorer to play despite currently facing charges in his home country.

The league had originally decided against passing verdict on Sivo, preferring to wait until after the matter was in court on February 17, but that has now been adjourned until next month.

Maika Sivo was the find of last season according to Andrew Johns. (Getty)
Sivo's case will now be held on March 12, the same day the Eels open their 2020 campaign against arch rivals the Canterbury Bulldogs – although Sivo is not require to appear in court.

While Sivo is expected to be free to play the season opener, he may still be sanctioned later depending on the court's verdict.

Sivo was charged with indecent annoyance after allegedly touching the skirt of a waitress on Boxing Day during a trip home to Fiji.
 

wombatgc

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Thank you kindly, Young? I wish I still was lololololololol :) , I have been doing this for a little while now.
You gotta take the compliments how ever they come @urulion .@:)
Love reading the back and forth legal jargon that you guys use.
 

MissKate

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So out of the few that have been stood down under the ‘no fault farce’, is walker the only one to have been found not guilty. Of course JDB is pending. May was stood down but was found guilty. Who else. I am guessing walker would be feeling a tad p***ed
 

wombatgc

Sausage roll eating keyboard warrior.
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How much of this mess do we equate to Greenslime, and how much to "Dud Beattie"?
 

47MVEagle

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Mar 28, 2018
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What a joke.

Punk in drublic, assaulting 2 police officers, free to play in round 1.

NOTHING TO SEE HERE.
 

HoldenV8

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Aug 16, 2013
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If you ever wanted proof of the NRL's bias towards (or should that be against?) certain clubs, there you have it.

Walker was facing a DV charge and was stood down without a second thought and ended up missing 9 games. Sivo and Scott on the other hand are free to play.

Scott (allegedly, have to say that don't we.....) punched an on duty cop while he was drunk. Sivo was charged with indecent assault. Together they will likely miss zero games.

Consistency is extremely overrated where Greenturd is concerned.
 

40 years an eagle

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If you ever wanted proof of the NRL's bias towards (or should that be against?) certain clubs, there you have it.

Walker was facing a DV charge and was stood down without a second thought and ended up missing 9 games. Sivo and Scott on the other hand are free to play.

Scott (allegedly, have to say that don't we.....) punched an on duty cop while he was drunk.
Dylan was stood down because he was charged with violence against a woman.

I'm sure I read that the 2 officers involved in Scott's incident were female so why hasn't he been subjected to the same fate?
 

HoldenV8

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Dylan was stood down because he was charged with violence against a woman.

I'm sure I read that the 2 officers involved in Scott's incident were female so why hasn't he been subjected to the same fate?
Sivo's was also against a woman. What's the difference?

What's the difference ... the club they play for.
 

urulion

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Jan 1, 1970
Messages
196
You gotta take the compliments how ever they come @urulion .@:)
Love reading the back and forth legal jargon that you guys use.
Absolutely, any compliment these days should be appreciated. :)
The discussions on this forum are great. Apart from any legal jargon, the conversations have great foundations and make for good discussion by everyone. Some don't agree with one another but I believe that is healthy.

So long as we can all agree that we will support our club together regardless what they achieve each year, that is all that really matters. However, I do believe we will all be celebrating come grand final time 2020.

Nice to hear from you again Wombat hope all is well.
 

urulion

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Messages
196
He may well have "acted grossly unjust" in the eyes of the law by your or our understanding but does not De Bellend's signing of a contract with the NRL where he agreed to cop anything the NRL dream up negate any perceived NRL wrongdoing?

Contract law?
Hi 40 years an eagle,

As always, I can only assume what JDB has signed, as I am not privy to the contract, nor, have I provided advice to either party regarding the contract. However, even if he has agreed to follow any future policies, they must be legal, not done in excess of power, and must give the other party an opportunity to see the policy.
 

Woodsie

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I have detested the the term .. "bring the game into disrepute" ..Since the first time I heard it several decades ago .... the total imbecility of it is that it relies on the general public to be window licking morons to have any validity ...

When a butcher gets charged with peeing in public ... I don't think all butchers are uncouth ... when a waitress abuses a customer ... I don't think all waitresses are rude .... when an accountant gets pissed and has a bar fight ... I don't think all accountants are thugs ....

And when a footy players mis-treats a woman I don't think all football players are woman bashers ....

The simple fact is that the only people than can bring a game into disrepute is the administrators of the game ... how they deal with these issues is the measure of the sport ...
 

globaleagle

SGF0IHJ1bGVzIGFsbCE=
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when a waitress abuses a customer ... I don't think all waitresses are rude ....
Off your point but if I ever saw that I automatically think the customer is being a douche, tbh. I'd probably be correct in most cases.

Anyway, I find the legal guff and pov's interesting as well.
 

wombatgc

Sausage roll eating keyboard warrior.
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Absolutely, any compliment these days should be appreciated. :)
The discussions on this forum are great. Apart from any legal jargon, the conversations have great foundations and make for good discussion by everyone. Some don't agree with one another but I believe that is healthy.

So long as we can all agree that we will support our club together regardless what they achieve each year, that is all that really matters. However, I do believe we will all be celebrating come grand final time 2020.

Nice to hear from you again Wombat hope all is well.
We definitely agree on which team we follow.
Many years ago, I was on a 4day on-3day off shift. So it was Mon-Tues-Wednesday for me.
My favourite thing to do on the Monday was rock up to Southport Courthouse at 9am, sit in the gallery and listen to all the charges dealt out over the weekend. Seriously, they should charge an entrance fee. It was the best free entertainment around. The lies, and bullshiit used by lawyers and those representing themselves was priceless. And as I’m into dark comedy, the magistrates in their summations would have me stiflingly with unbridled laughter.(yes, I was asked to leave if I couldn’t contain myself!).
The best one was when I’d forgot to remove my Manly hat when entering the courtroom. A case was underway. I grabbed a seat. Then all of a sudden the female magistrate was barking orders my way. And all eyes turned on me. She said get that hat off in my courtroom. You are very lucky I don’t kick you out. But seens as my husband follows your mob, I will never hear the end of it. I, of course took it off, and apologised profusely. She had this half crooked smile at the end. A bit like what passes as a Wayne Bennett smile.
It’s funny, I’m no chance of being in the lawyer stratosphere, but I love listening to the debates and arguments brought forth.
 

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