storm should challenge the salary cap

[nacho]

i was just talking to some family friends who are solicitors and one is also a member of the AFL tribunal + a lecturer at deakin specialising in Sport and Law

they said that the NRL having a salary cap is unconstitutional because it is a restriction of trade and not allowing the players to exploit their skills in order to achieve maximum economic benifit

no private contract can override the legislation that has been set so there is nothing saying that no club(s) can challenge the NRL's or AFL's salary caps

just a thought

please, those who have a more profound legal knowledge than me feel free to contribute

[Cartman_86]

Hey Nacho

That is pretty common arguement about having a salary cap. I'm no law expert, but my aunty is a lawyer and she said to me that it is a restriction of trade, as you have already stated. The NRL would argue that because they have signed a contract to abide by the competitions rules, then they must follow these strictly. Sonny Bill Williams (anyone remember him??), used that arguement to try and get out of his contract with the Doggies. The problem is that the NRL will pull out all the usual propaganda, 'it evens out the comp, stops clubs going broke etc' all that jazz. So the chances of the NRL making changes to the cap, ain't gonna happen.

The other side is that this is supposedly the best rugby league comp, then the players should be paid the best amount of money. Whats to stop a player from earning the highest amount of money that they can???? But this aint gonna happen cause Gallop has his head in the sand on this matter (like he has on every other matter in the game)

[Super Cronk]

nacho...its god's fault this happened to us!!!

[storma01]

WELL SAID, COULD NOT HAVE SAID IT ANY BETTER....

[nacho]

but the competitions rules include a rule which is a breach of restriction of trade, and the NRL's rules havent been passed by any law making body so shouldnt parliament or the high court create an injunction forcing NRL to scrap the salary cap

i  could b clutching at straws but hopefully someone of importance at the storm see's this and looks into it a bit more

[Surandy]

As mentioned above, this was argued by those in favour of $BW however the opposing argument was that nothing is preventing the majority of players realising their worth in other competitions/sports, eg ESL/RU. As it stands the AFL has more to fear in regards to a legal challenge as the majority of AFL players aren't as suited to other codes/competitions.

Having said that, if the NRL were to refuse to register reasonable contracts for players with Melbourne but would allow them to sign for as much, or more, with another club within the NRL then that is very much a clear cut breach of the restraint of trade provisions under the Trade Practices Act.

[bula]

This would be why they cant stop the boys from taking a pay cut yes?

[Bourbon Rat]

Not sure if this falls under the banner of irony or hypocrisy ?
Hayne says cap overhaul is a must

[stormsally]

I thought good on you haynes.  He can understand the players wanting to keep together.  It is the NRL rules that discourage player loyality and fans hate it when their favorites have to move on - for the sake of keeping other teams competative.

[TC]

As mentioned above, this was argued by those in favour of $BW however the opposing argument was that nothing is preventing the majority of players realising their worth in other competitions/sports, eg ESL/RU. As it stands the AFL has more to fear in regards to a legal challenge as the majority of AFL players aren't as suited to other codes/competitions.

Having said that, if the NRL were to refuse to register reasonable contracts for players with Melbourne but would allow them to sign for as much, or more, with another club within the NRL then that is very much a clear cut breach of the restraint of trade provisions under the Trade Practices Act.

And as for forcing particular players to change club....

[absentee]

The NRL should be rewarding loyalty, not trying to push people out of their club or out of the sport all together.

What's it going to take for the NRL to realise how stupid they are?  Losing Billy or GI to another sport?

[Freshy]

i was just talking to some family friends who are solicitors and one is also a member of the AFL tribunal + a lecturer at deakin specialising in Sport and Lawthey said that the NRL having a salary cap is unconstitutional because it is a restriction of trade and not allowing the players to exploit their skills in order to achieve maximum economic benifit

no private contract can override the legislation that has been set so there is nothing saying that no club(s) can challenge the NRL's or AFL's salary caps

just a thought

please, those who have a more profound legal knowledge than me feel free to contribute

Who is the lecturer of Sport at Deakin that u know? Their most probably my sport management lecturer as I go to Deakin

[nacho]

i was just talking to some family friends who are solicitors and one is also a member of the AFL tribunal + a lecturer at deakin specialising in Sport and Lawthey said that the NRL having a salary cap is unconstitutional because it is a restriction of trade and not allowing the players to exploit their skills in order to achieve maximum economic benifit

no private contract can override the legislation that has been set so there is nothing saying that no club(s) can challenge the NRL's or AFL's salary caps

just a thought

please, those who have a more profound legal knowledge than me feel free to contribute

Who is the lecturer of Sport at Deakin that u know? Their most probably my sport management lecturer as I go to Deakin

I dont think he lectures regarding sport but his name is Sam Cousamano (my spelling is awful)

[MENACING*STORM]

I remember seeing David Parkin (ex-Carlton coach) around the Burwood campus a few years ago.

Sam Casumano is my old Business Law lecturer.  He's an absolute champ.

[Crippstor]

This article, if true, means next year is no so bleak after all?

http://www.dailytelegraph.com.au/sport/ ... 5858550782