The Western Force has won its right to appeal the Australian Rugby Union’s decision to axe the team, while the ARU is set to be on the receiving end of a fresh wave of criticism after knocking back a large financial offer from billionaire Andrew Forrest.
The Western Force has won its right to appeal the Australian Rugby Union’s decision to axe the team, while the ARU is set to be on the receiving end of a fresh wave of criticism after knocking back a large financial offer from billionaire Andrew Forrest.
The Supreme Court of NSW granted the Force’s right to appeal the axing, with the appeal also to be heard in court today.
A final decision is expected to be handed down next week.
Rugby WA will argue 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 down 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 Supreme Court granted the Force its right to appeal a day after it was revealed Mr Forrest had offered the ARU tens of millions of dollars to pump into Australian rugby, but on one condition - they reverse their decision to axe the Force.
But the governing body is refusing to budge.
The size of Mr Forrest's offer to the ARU has stunned the rugby public.
There has been speculation that the figure Mr Forrest had offered was as much as $50 million.
Mr 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, Mr Forrest has pledged to start up a new international rugby competition that will see the Force compete with teams from Asia.
