UPDATE: Forrest to set up new comp for Western Force after Supreme Court appeal fails

By Daniel Jeffrey / Editor

Billionaire Western Force backer Andrew Forrest has said he will set up a rebel competition for the cut franchise to play in after RugbyWA’s Supreme Court appeal to stay in Super Rugby failed.

Justice David Hammerschlag dismissed the Force’s appeal against the arbitration ruling last month which went in favour of the ARU, allowing the game’s governing body to cut the Perth-based franchise.

The decision, which can be read in full here, centred around whether the Alliance Agreement between the ARU and Force came to an end when the SANZAAR broadcast rights were renegotiated in July to accommodate a 15-team Super Rugby competition.

The Alliance Agreement had guaranteed the survival of the Force until the end of 2020.

Much like Bernard Coles QC, who ruled the new broadcast agreement nullified the Alliance Agreement, Justice Hammerschlag ruled in favour of the ARU, noting that the governing body owns the franchise and “can do with it what it likes, even destroy it” if the alliance ends.

However, the Force aren’t dead just yet, with mining magnate Forrest saying he would set up a new competition in the Indo-Pacific region for the Force to play in, likely to comprise six teams.

“We will include strong and deeply powerful players, broadcasters and fans of rugby all across the Indo-Pacific region, where some 60 per cent of the world’s people live on our time-frame right here in Western Australia,” Forrest said.

“Indo-Pacific is is a massive economy, broadcasters need huge populations and huge economies.

“They are not represented in SANZAAR necessarily with New Zealand, South Africa and Australia dominating it. But if we get up into the Indo-Pacific region, that’s where all the world’s economic growth is, that’s where the world’s population is and that’s where the game of rugby will be very powerful and centred from Western Australia.”

Forrest also stated he had already briefed lawyers for further appeals to the NSW Court of Appeal and High Court of Australia.

The Force had responded to the decision with an earlier statement, unsurprisingly saying they were “disappointed” with the result of the appeal.

“This now means the ARU have the ability to remove the Western Force from the Super Rugby competition,” the statement read.

“Based on previous correspondence we are expecting the ARU to confirm the termination of the Western Force’s participation in the Super Rugby competition. We understand that the ARU intend to continue with the Perth Spirit in the National Rugby Championship.”

RugbyWA also repeated their claim that the ARU had made the decision that the Force was the only team that could be cut back in February.

“As we understand, the ARU had formed the view in February this year that the Western Force were the only team that could legally be removed from the competition, for the ARU to suggest there was an objective and transparent process, evaluating the merits of both the Western Force and Melbourne Rebels, was misleading and disrespectful to both RugbyWA and the Victorian Rugby Union.

“This has caused significant damage to both the game and the Super Rugby competition and reflects poorly on the ARU’s own values of honesty and integrity.”

The Crowd Says:

2017-09-08T01:11:51+00:00

Crazy Horse

Roar Pro


FOFF Milan

2017-09-08T01:11:09+00:00

Crazy Horse

Roar Pro


Get with it, you are dealing with more than dollars and cents. This is a game that people actually enjoy and play for free. This is people love and emotion and that cannot be quantified by any spin and profit and loss statement. Sums up the problem with the EARU in two sentences.

2017-09-08T01:01:21+00:00

Crazy Horse

Roar Pro


The Force beat them in Argentina.

2017-09-07T01:07:54+00:00

Timbo (L)

Roar Guru


The Iron ore price went back up because Twiggy survived longer than they had planned, they couldn't sustain the losses any longer. The victor - China with cheap steel. Their stagnating economy played a big hand in the situation but BHP and RIO leveraged it. A number of other mines closed because of it, call it collateral damage.

2017-09-07T01:04:19+00:00

Timbo (L)

Roar Guru


Sorry RahRah, I posted before reading yours, Yes Agree entirely and they had already made plans to slice up the empire.

2017-09-07T01:03:46+00:00

Train Without A Station

Roar Guru


No more so than the FTA TV system where networks are losing money on live sport.

2017-09-07T01:02:17+00:00

Timbo (L)

Roar Guru


RIO and BHP were selling Iron ore below cost to try to squeeze FMG out of the market. Rio had eyes on Solomon and BHP on Christmas Creek, they were more interested in the rail network and Port facilities. Twiggy leaned his processes and was able to have the lowest production costs, he was still selling his product with a modest profit while the others reported record losses for their business units. That is a beating! Share Price is meaningless without the growth and dividend figures. Get some context!

2017-09-07T00:55:35+00:00

Timbo (L)

Roar Guru


Supporter attendance roughly covers renal for the stadiums. The TV rights are where the players get paid, and frankly, the pay TV system is broken and the format is dieing a slow painful death because of it..

2017-09-07T00:53:02+00:00

Train Without A Station

Roar Guru


Who will come back home? They left for more money. This competition won't compete financially.

2017-09-07T00:53:02+00:00

Timbo (L)

Roar Guru


The Kiwis would have no problems putting up 2 teams (and maybe even the Blues) from their second tier ranks. Say NZ North and South for sake of argument. If the players are available to be plucked for SR I can't see why the NZRU would have a problem with it.

2017-09-07T00:47:05+00:00

Timbo (L)

Roar Guru


I am a disgruntled Force fan and even I can't fault the ruling. Unless of cause the clause was dropped into the contact with prior knowledge that they were going to execute it. This is breach of trust, voiding the contract. If the contract says 2020 and there is active intent is to kill it before 2018, the contact has been violated.

2017-09-07T00:38:46+00:00

Timbo (L)

Roar Guru


Given an alternative home comp some of them will come back from O/S. Don't forget, a lot of these guys are playing pindan, chute, mitre 10 etc as well. There is a lot of 2nd tier talent working on building sites trying to get their shot.

2017-09-07T00:37:05+00:00

Train Without A Station

Roar Guru


But that grant money isn't provided for any of that anyway.

2017-09-07T00:36:35+00:00

Train Without A Station

Roar Guru


The NRC does address that. Not all of it. But that's why it's combined with the JGC, and Super 20s (to become 19s in 2018 to align with NZ) as well as the other rep programs. If I am a player I can make JGC teams, then roll into trying to make state schoolboys, before targeting 19s then NRC as a pathway into professional. If I'm an adult I can play club rugby and attempt to make an NRC squad. I was invited to trial for one. A former team mate who actually does have talent, in another state made one this year, starting from a subbies comp in 2015. The NRC is a pathway for players to show they are capable for Super Rugby level. Like Sefa Naivaulu as a perfect example.

2017-09-07T00:33:09+00:00

Timbo (L)

Roar Guru


So your statement confirms that SANZAAR can cut any team they like. The ARU could have asked them to drop the Rebs o their behalf.

2017-09-07T00:30:35+00:00

Timbo (L)

Roar Guru


The Premise of this thread was if they only focus on Qld/NSW development But I will bite ARU responsibilities include providing pathways to develop elite players. The ARU haven't attempted to address this one yet, the NRC, whist great to watch, doesn't address this requirement and since the teams are managed by their parent SR franchise, there are real problem.

2017-09-07T00:24:59+00:00

Timbo (L)

Roar Guru


Are you sure about that? My dictionary says otherwise,

2017-09-07T00:22:06+00:00

Timbo (L)

Roar Guru


Events reported by the ARU propaganda machine are sketchy at best. The ARU agreed/arranged with SANZAAR to Exit a team. The Force were the only team that they had the right to, so they knew all along. Foxtel would have known a long time in advance and would have begun negotiations long before announcement. Still want to know how the SARU were able to get the Kings and the Cheetahs to move on. What was written in their contracts? Who Owned the Franchises?

2017-09-07T00:15:20+00:00

Timbo (L)

Roar Guru


They have taken on a handful of player contacts, and they have been very selective about it. Support staff and minor players are out in the cold, but since they are not contracted they have no liability. The WA government have stated that they believe that there is/was an agreement to use the stadium for the long term. The New "Cray Pot" in Belmont has been designed to convert to a "Square Stadium" for International Rugby games.

2017-09-06T22:36:12+00:00

Train Without A Station

Roar Guru


Since they have taken on all employee obligations, the only potential liability they have is the remaining time on any rental agreements.

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