Salary Cap Witch Hunt. **Appeal unsuccessful**

[40 years an eagle]

Didn't I read at the start of this circus, that the committee doesn't rule on anything ..... they simply make a recommendation to the NRL ..... and GreenTurd then decides what to do ... ??????

Mayby you did read that but as EAGLEFLYS posted earlier today it doesn't look that way.
:

For the purposes of sub-Rule (1), a decision arrived at by a majority of the constituents of the NRL Appeals Committee shall be taken to be a decision arrived at by the NRL Appeals Committee.
Page 84 below.

https://www.nswrl.com.au/siteassets/documents/judiciary-procedure-2018.pdf

 

[Nice Beaver]

Everyone is frustrated, me included, by the NRL rules set out. However, to get a licence Manly have to sign up to those rules and abide by them.
To appease most of us, including me, Penn would have to take a negative NRL appeals committee ruling to Court. That will be expensive.

So I will sit here, take a bex, and nice cup of tea, maybe a scotch finger if there are any left, and wait till 5pm to have a beer and forget about Todd Greenturd.

Not sure anybody is arguing that Manly signed up to a competition administered under its current rules?

I'm equally sure Manly (nor any other club) never thought they would find themselves in a situation that would neccesitate their fate being voted on by a qualified QC and two blow ins. Its pathetic.

If I go to court to plead my case in a legal matter I sure hope that Edna, who runs the kids tuckshop, is not presiding over my case. I choose to follow the laws of the land, but I want qualified people overseeing them.

Anyway, I have already got a start on those beers. Enjoy the biscuits!

 

[Woodsie]

Mayby you did read that but as EAGLEFLYS posted earlier today it doesn't look that way.
:

For the purposes of sub-Rule (1), a decision arrived at by a majority of the constituents of the NRL Appeals Committee shall be taken to be a decision arrived at by the NRL Appeals Committee.
Page 84 below.

https://www.nswrl.com.au/siteassets/documents/judiciary-procedure-2018.pdf

That statement doesn't necessarily change my mind ..... it simply states how a decision is arrived at by the "committee" .... it doesn't say whether that decision is binding or simply their decision which will be referred back to the NRL's CEO .....

... Pss ... just knitpicking for the sport of it .....with the NRL involved the answer could well be a pineapple .....

 

[Woodsie]

Not sure anybody is arguing that Manly signed up to a competition administered under its current rules?

I'm equally sure Manly (nor any other club) never thought they would find themselves in a situation that would neccesitate their fate being voted on by a qualified QC and two blow ins. Its pathetic.

If I go to court to plead my case in a legal matter I sure hope that Edna, who runs the kids tuckshop, is not presiding over my case. I choose to follow the laws of the land, but I want qualified people overseeing them.

Anyway, I have already got a start on those beers. Enjoy the biscuits!

That'll fukken do me ...... Why the fukk would you bag Edna!!!!!!!!!!

 

[lurker]

I can’t help but think this is similar to a Kangaroo Court.

It it was truly fair dinkum there’s be a totally independent tribunal looking at it, NOT one employed by the ones set to lose the most , the NRL.

Every “independent” tribunal is paid by the people they’re being independent for. The independence comes from their reputations. I’ve done some work with Callinan but I won’t say where. He has more than enough gigs to not need to worry about the nrl paying for him. He used to have a board position with commbank. That’s worth a lot more $$$ than the nrl

 

[EagleFlys]

Not sure anybody is arguing that Manly signed up to a competition administered under its current rules?

I'm equally sure Manly (nor any other club) never thought they would find themselves in a situation that would neccesitate their fate being voted on by a qualified QC and two blow ins. Its pathetic.

If I go to court to plead my case in a legal matter I sure hope that Edna, who runs the kids tuckshop, is not presiding over my case. I choose to follow the laws of the land, but I want qualified people overseeing them.

Anyway, I have already got a start on those beers. Enjoy the biscuits!

1st beer down, and feeling better before dinner at William Blue. Ball and chain birthday, but trainee gurus making food should be interesting.

Anyways, problem is you are not going to court, you are going to an NRL appeals tribunal as I have stated without said beer.

With a beer, I feel empowered to add that you stop quoting me as 2 of the panel are hardly Ednas from the tuck shop; and the third may well be very good at serving pies.
If Penn so desired to avoid the supposed tuck shop Ednas, he has full right to go straight to civil court and avoid them.

He is currently choosing not to do so for reasons I do not know.

This is not a court. Kangaroo or otherwise. The fact it has a QC as its chair probably works in our favour. After all, we could have 3 front row forwards on that committee.

 

[Terry Zarsoff]

So I will sit here, take a bex, and nice cup of tea, maybe a scotch finger if there are any left, and wait till 5pm to have a beer and forget about Todd Greenturd.

Don’t forget a good ‘lie down’.

 

[Terry Zarsoff]

Noel Kelly actually used to live on the northern beaches and had a butchers shop at Frenchs Forest. We rented a house off him at Narraweena when we first got married. So he may actually have a soft spot for the maroon and white.

Yes, the Skyline butchery.

 

[40 years an eagle]

Yes, the Skyline butchery.

I think he had one around Collaroy plateau as well when I was a little tacker.

 

[Captain Moondog]

Yes, the Skyline butchery.

He used to live on Collaroy Plateau next to a mate of mine back in the early 70's. We used to sit on my mates roof and play loud music which he no doubt enjoyed.

 

[Captain Moondog]

I think he had one around Collaroy plateau as well when I was a little tacker.

Haha, beat me to it....yep, his house was right up the top of the Long Reef steps.

 

[Terry Zarsoff]

I think he had one around Collaroy plateau as well when I was a little tacker.

I think so. We used to frequent the Skyline one in the early 70s and he certainly didn’t operate it in those days.

 

[Bearfax]

It seems that the problem here is one of having an unambiguous set of rules that are agreed to by all clubs that are part of the NRL.

I suspect that the NRL has been negligent in ensuring that its rules are clear cut and agreed to in a manner that is clearly defined. It seems that this has not been the case in this matter. The NRL are interpreting rules one way and Manly another. This should never happen if the rules have been properly vetted by professional legal people before being imposed. If the NRL do not show that what they decide is legally enforceable, then they are in a s..t load of trouble. Manly will probably take the matter to a civil court and if the NRL's decision is not enforceable in law, they risk a serious backlash and heavy compensation payout.

Its like the Terry Hill matter with the enforcing of players to be sent to another club by draft. It was obvious that there was a lack of firm agreement between the players and the ARL, leading to Terry being able to overturn the game's policy regarding drafts. If all are in agreement and sign as such in clear unambiguous terms, it is enforceable as is seen in Aussie Rules and other games. But if it has not been clearly developed, and the NRL have merely made a rule that teams and /or players have to comply with, it will fail if it is not legal in general terms under the law.

The NRL have to be extremely careful here because it seems their rules associated with the salary cap are too loose. Unless they are very sure of their legal position and confirm Manly's penalty, Manly could end up costing the League a motza, and other clubs could lose all faith in the administration of the game. It all comes down to whether the NRL's rules as they understand them regarding the salary cap, are legally enforceable in general law.

 

[The Wheel]

From what I know the legal argument is around the fact that we have been convicted of breaching the salary cap when in fact we actually stayed within the cap - we didn’t pay anyone more than what they were contractually entitled (&were registered with NRL) to and all payments were within the designated salary cap.

In other words what is a breach and what is not - that has to be determined by Callinan- if it was in a court of law it would be more straightforward to get a ruling

 

[Jigzkiller]

If the NRL were fair dinkum, this would be in front of legal professionals only

If we were fair dinkum we would be going to court.

 

[lurker]

If we were fair dinkum we would be going to court.

Court is expensive, binding, and time consuming. Why wouldn’t we go for this option and then if it fails take it to court. Seems like a much more sensible option than going straight to court

 

[yokahontas]

Court is expensive, binding, and time consuming. Why wouldn’t we go for this option and then if it fails take it to court. Seems like a much more sensible option than going straight to court

Not sure of the rules around it, but are we even able to take it to court without first exhausting the in-house appeals process? It’s a pretty standard rule in a lot of legal and complaints related stuff - even to, say, escalate a banking or telecommunications issue to the relevant ombudsman, you have to show you’ve tried to resolve it via the direct channels first.

You certainly don’t get the choice, with court proceedings, to just go to a higher level court without jumping through the lower level hoops first.

 

[Bearfax]

Not sure of the rules around it, but are we even able to take it to court without first exhausting the in-house appeals process? It’s a pretty standard rule in a lot of legal and complaints related stuff - even to, say, escalate a banking or telecommunications issue to the relevant ombudsman, you have to show you’ve tried to resolve it via the direct channels first.

You certainly don’t get the choice, with court proceedings, to just go to a higher level court without jumping through the lower level hoops first.

Yes you do need to take it through the appeals process with the League before you attempt the Civil Courts. If you attempted to bypass the appeals process, the Civil Court would probably just send you back to exhaust all avenues before moving to the next stage.

 

[Mark from Brisbane]

Yes you do need to take it through the appeals process with the League before you attempt the Civil Courts. If you attempted to bypass the appeals process, the Civil Court would probably just send you back to exhaust all avenues before moving to the next stage.

Agree, but I reckon whatever the result is here they’ll just accept it , would cost an absolute motza to take it any further AND for no guarantee of a win!!

 

[Bearfax]

Agree, but I reckon whatever the result is here they’ll just accept it , would cost an absolute motza to take it any further AND for no guarantee of a win!!

Mark I don't think either side can afford to lose if they take this to the next level. I suspect a behind the eyes of the public deal will be reached, that appeases Manly but makes the League look compassionate, with a caveat that the League will ensure their rules regarding salary caps are much more user friendly.