@Deathspell Interested to know your thoughts on this one..
If the Bulldogs can prove that the game was not officiated either fairly or correctly... could they not force the NRL to have the game replayed or something like that?
or sue the NRL for lost earnings/wages/bonuses for a win?
The NRL has been structured in such a way that even though you might win financial compensation you will not be successful in obtaining any consideration relating to the game,ie replay.
The NRL is run by the Australian Rugby League Commission,which is a governing body,with a board of control made up of 18 shareholders.The association has been incorporated,this allows them to conduct financial transactions.Associations,same as clubs fall under the Associations Incorporation Act (1987).Under this act they have the power to have a constitution,that deals with the rules which include the basic principles and regulations or by-laws,which can only be changed by the committee.The NRL in it's constitution have separated disputes under two areas,ordinary resolution (those handed by Chairman,CEO and 7 commissioners ) and special resolution (handled at general or annual meetings by the board).
Under the Act the organization has the power to resolve disputes according to laws found in it's constitution.To take it to a Court of Civil Jurisdiction to prove error of judgement or misapplication of a rule,you must first get a judgement against their constitution.A case needs to be presented that their constitution is unfair and got unclear rules that do not deal correctly with the objection at hand. Or you can challenge the Act 's section,disputing the authority given to an organization's constitutional laws,arguing that final judgement should not be superior or in conflict with Civil Law.
The area of judicial review of an official's or referee’s decision has been infrequently litigated.Plaintiffs have not been successful in this area,and the courts continue to show their reluctance to become involved in playing field decisions,unless fraud or corruption can be proven.One day some young bright Civil Law Counselor would litigate successfully and form a precedent.But until now,even trying to convince the court to conduct a judicial review of the referee's decision is a problem.
I'm inclined to try something different then applying directly for a civil law suit to Court of Civil Jurisdiction.I would make a submission to the Court of Civil Jurisdiction at the Supreme Court to hear an application to form an arbitral tribunal of two professionals,with expertise in law and mediation,to adjudicate on the questions of onfield loss and damages valuation.I would subpoena the Chairman of the NRL to appear infront of this arbitral tribunal.If I'm successful,I'll go back to Court of Civil Jurisdiction and apply for a judicial writ (an
'order of mandamus'),to secure a statutory duty and command,for the exhibit to wit favorable report findings from arbitral tribunal be put in evidence in the first hearing of Court of Civil Jurisdiction.With the writ and exhibit in place,the court has no option but to hear my law suit.If the judge shows reluctance to hear the matter,I will pursue a course of action in court that will expose grounds for appeal.My aim would be to give the NRL no option but to suggest mediation,in order to avoid embarrassment.Since replaying the game might be unfair to other team,my terms would be to credit both teams the points and pay the club and all personnel reasonable compensation.
If fraud or corruption can be proven,it becomess a criminal offense and the organization's constitution is subservient to Criminal Law.The charges and any subsequent Civil action would be brought against the referee.The organization would still have the power on ultimate decisions regarding the outcome of the game.If an error in judgement or misapplication of a rule has caused a player to be injured,only the referee can be sued.What the referee then needs to do if he loses the law suit,is to sue the NRL as a servant.
In suing for earnings,wages and bonuses for a win there has to be 2 law suits.
One from the club,proving that such a decision cost membership loss/potential,sponsorship decline or adverse public reaction and damage (advancement in the competition).
Other law suit,would be a class action,by all members that have incurred a financial loss.Both these cases will cost a lot of money especially the class action,were lots of parties are involved.
I believe the NRL because of adverse publicity will mediate and offer a settlement.
I hope this helps.
