A NSW Supreme Court judge has granted the Western Force the right to appeal the Australian Rugby Union’s decision to axe the team from the Super Rugby competition.
Justice David Hammerschlag said on Wednesday he had read written submissions from both the Force and the ARU and he believed an appeal should be heard.
The judge said he would go straight into hearing the appeal on Wednesday.
The news comes as a big boost for the Force, whose survival hopes were dealt a blow on Tuesday when the ARU rejected a multi-million dollar from billionaire Andrew Forrest to save the franchise.
Forrest made an offer to the ARU – believed to be worth $50 million – to pump funds into Australian rugby if they reversed their decision to axe the Force.
But the governing body refused to budge, with the matter set to be decided in the courts.
RugbyWA are arguing the ARU had no right to axe the Force under the terms of the alignment deal that was struck last year.
In that deal, which was effectively a takeover, the ARU guaranteed the Force’s future until at least the end of the broadcast deal in 2020.
But the ARU successfully argued in arbitration that the broadcast deal has since been renegotiated, given the competition will go from 18 teams to 15.
With the broadcast deal tweaked because of the fewer number of teams, the ARU claim they were within their rights to axe the Force.
The Cheetahs and Kings were also axed as part of the shake-up, with the South African franchises joining Europe’s Pro14 competition.
The size of Forrest’s offer to the ARU has stunned the rugby public.
Forrest also guaranteed to bankroll any potential future losses by the Force.
But the ARU said they couldn’t reinstate the Force because SANZAAR had already eliminated a 16-team Super competition for a number of reasons.
“These factors included the extensive cost and limited appeal of a 16-team round-robin competition, player welfare issues due to extra travel requirements, and the loss of popular home and away ‘derbies’ in each country,” ARU chairman Cameron Clyne said.
“We were genuinely appreciative of Andrew’s generous offer to back the Western Force and Australian Rugby.
“However, given the position we are in, we are unable to work towards retaining five teams in Super Rugby.”
If the Force’s appeal is unsuccessful, Forrest has pledged to start up a new international rugby competition that will see the Force compete with teams from Asia.
Jimbo
Guest
Viewing audiences for the Rebels is down because most of the time people don't know who the hell they are playing. Look how Rugby League - with NO local competition in Melbourne - has drawn supporters and a viewing audience. Because the people know who the teams they are playing actually are and where there from. They want their team to beat enemy they hate - it is pure tribalism. Not being a Victorian but living there, I talk to people who are sports fans. They are keen to see the Storm - or the Melbourne Victory or City in soccer, beat the evil tribes from over the borders. Super Rugby doesn't offer that opportunity - but a strong NATIONAL COMPETITION would create better viewing audiences and help develop the local Dewer Shield competition which is thriving. The Kiwis and Yarpies want to run the show - get out of it now.
sittingbison
Guest
320 posts and counting with no posts from ARU schill TWAS Have they changed their moniker? Hmmmm......what's similar to train without a atation
superba
Guest
MichO what you write is fair and logical. However culling the WF leaves 30 players 30 support staff and their wives and kids without.work And no income. My understanding.is that it is the responsibility of the IRB to grow the game internationally.Not that.of SANZAAR . So why should Aussies be put out of work ? Drop Japan and Argentina I say
Bakkies
Guest
Brian what's that got to do with the Rebels ARU draining funds and not having the players?
Crazy Horse
Roar Pro
Are you surprised that something Clyne and Pulver had a hand in is wonky?
Crazy Horse
Roar Pro
The Western Force represents the whole state of Western Australia, not just Perth.
piru
Roar Rookie
Hammerschlag sounds like a German Wrestler Achtung! Die Hammerschlag Kommen
piru
Roar Rookie
People need to stop with the satire, it's getting too confusing. This guy is pretending to go to four sports matches a week in winter!
Brian
Guest
Love the way Force supporters seem to think they know so much about sport in Melbourne! Total hogwash. People in Melbourne love all sports. I go to AFL, Storm and Rebels games (as well as A league games) as do many of my mates. So don't give me this tripe about rugby being more popular in WA and getting more media attention etc etc - complete rubbish. And by the way, there are plenty of South Africans, poms and Kiwis here who support the Storm and the Rebels. Melbourne's population is more than double Perth's and is growing massively every year (people are leaving WA in droves as it has one of the worst performing economies in the country, according to recent reports in The Australian). So keep all your unsubstantiated nonsense claims yourselves!
Crazy Horse
Roar Pro
Kicking off at 6:00 PM on a Thursday in the middle of rush hour and they wonder why few fans show up!
Chivas
Guest
Yes Jumbo I know how to write off donations against my tax, but to suggest he is throwing his money away to get into a lower tax bracket, when company tax is a flat rate is pretty funny or maybe he's doing it to raise his profile or maybe he's writing off his personal tax to get into a lower taxation bracket.. Have you really thought this through. I'm certainly no tax accountant nor do I know what Twiggy's mind is... so I'm not about to speculate. All I would say is he is a reasonably intelligent person and regardless of his reason for giving his money or investing it in a cause, he expects returns. I would also speculate as to the fact that he has quite a strong feel for community. At the moment this appears to be his thrust, not whether or not he can coach a team or knows the details of running Australian rugby. As for setting up a competition, there are plenty of successful examples about across a multitude of sports where it has been successfully done without the person being involved in day to day deliberations of a rugby administration. As for knowing some people in Perth who don't know rugby. That is fine... but it means little. More telling statistics are how it is spreading and growing in schools and at grass roots. That is what is being leveraged, not if you can find someone who isn't aware of the game. A poll which compares now to 10 years ago would be relevant, not I met someone who....
Kashmir Pete
Roar Guru
reality hits home again ! Cheers Bakkies KP
Waz
Guest
I'm sure if they went to SANZAR and said here's $5m each for your troubles they'd change their minds lol
Moz
Guest
He may have been a little busy running FMG to get down to the local clubhouse regularly... Also, FMG have also been a sponsor for a few years, so there is some history there. And whilst he may only know as much as us, he does have the funds to actually do something about it.
piru
Roar Rookie
A large number of those Chiefs fans come back in blue for other games too
Timbo (L)
Roar Guru
Chiefs games are great If you like cheese grater cowbells! It is a Bizarre dynamic. The crowd is split in 2 barracking for their own team, but doing it together, with mutual respect. We are all Western Australians watching great Rugby at NIB, having a good time.
Bakkies
Guest
Exactly and Hammerschlag had trouble locating the findings from the arbitration
Jumbo
Guest
It's funny because after playing in the perth club scene since the early 2000s, ive never heard of him until of late. Like alot of us, he knows more because he's got money? Ok..
Bakkies
Guest
Yep that's for sure
Dave
Guest
Collingwood, Carlton, Essendon, Footscray, Geelong, Hawthorn, Melbourne, North Melbourne, Richmon, St Kilda, Melbourne Stars, Melbourne Renegades, Melbourne Victory and Melbourne Storm get better crowds than the Rebels.