Legal bid launched to stop FFV's NPL [FFT Article]


Legal bid launched to stop FFV's NPL [FFT Article]

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chris
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Captain Banal wrote:
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nothing less - and to all those fans that follow both an organic club and a franchise must now choose 1 so that we know whose side you are on ...and if you choose a franchise sleep well knowing that your franchise has not grown the game but actually consumed what the organic clubs have built


And SMFC is an organic that dreams of being a franchise ?

is that Cannabalism ?


youre a fool - smfc is an ambitious club which is why it has produced 50 socceroos
it has an organic approach compared to a processed one full of fatty ingredients
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chris wrote:
Captain Banal wrote:
Quote:
nothing less - and to all those fans that follow both an organic club and a franchise must now choose 1 so that we know whose side you are on ...and if you choose a franchise sleep well knowing that your franchise has not grown the game but actually consumed what the organic clubs have built


And SMFC is an organic that dreams of being a franchise ?

is that Cannabalism ?


youre a fool - smfc is an ambitious club which is why it has produced 50 socceroos
it has an organic approach compared to a processed one full of fatty ingredients


Fat's organic, but I digress.

SMFC are hoping to become a Franchise. What organic aspects do you honestly believe would survive the transition ?
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End of Proceedings today - Magistrate has reserved decision till 10am Monday 7th Oct for both Injunction & whether to transfer to Supreme Court, and FFV has undertaken not to make any announcement till then.

Edited by Campaigner: 2/10/2013 05:29:49 PM
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Captain Banal wrote:
chris wrote:
Captain Banal wrote:
Quote:
nothing less - and to all those fans that follow both an organic club and a franchise must now choose 1 so that we know whose side you are on ...and if you choose a franchise sleep well knowing that your franchise has not grown the game but actually consumed what the organic clubs have built


And SMFC is an organic that dreams of being a franchise ?

is that Cannabalism ?


youre a fool - smfc is an ambitious club which is why it has produced 50 socceroos
it has an organic approach compared to a processed one full of fatty ingredients


Fat's organic, but I digress.

SMFC are hoping to become a Franchise. What organic aspects do you honestly believe would survive the transition ?


SMFC are hoping to OWN a franchise, not to BECOME one. That's not cannabilism, it's control.
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Quote:
http://www.mfootball.com.au/nplv-a-chance-of-being-halted-after-injunction-request/

NPLV a chance of being halted after injunction request
By Donald Sutherland October 2, 2013

The National Premier League Victoria (NPLV) is at risk of being halted until 2015 after lawyers representing the dissenting clubs requested an injunction to prevent the Federation from taking further steps to implement the new league.
The Victorian Premier League, as a concept, has been thrown a lifeline, due to the fact that the current state league model would continue should the NPLV fail to kick off next year.

Magistrate Peter Lauritsen is expected to announce whether the clubs’ injunction request will be successful next Monday at 10am, and whether the Federation will be barred from announcing the successful applicants for next year’s competition.

Mr Paul Hayes, acting on behalf of the clubs, also requested FFV hand over the documents of minutes from meetings between Federation directors discussing the implementation of the NPLV as well as a list of applications.

Mr Daryl Williams S.C., representing Football Federation Victoria, stated that a injunction to prevent the naming of applicants would prevent the NPLV from starting next year, naming two consortia – Northern Raiders and West Side Strikers – as allegedly saying that they would be unable to compete in 2015 should there be any further delay in the process.

Mr Williams also argued that the injunction would be unfair to his client, given it would restrict the FFV from raising capital associated with the launch of the NPLV.

Wednesday’s session lasted for five hours in Melbourne’s Magistrates’ Court, with both Mr Hayes and Mr Williams presenting their respective cases, which could be referred to Melbourne’s Supreme Court on Monday also.

Various affidavits were presented to the court, including from South Melbourne Chairman Nick Galatas, Chairman of the Mens Standing Committee Harry Zaitman, State Manager of the NPLV Tim Frampton, and FFV Board Member Steven Milicevic.

FFV Board Member Aldrin Da Zilva was present in court during the session before and after lunch, while fellow board member and former Socceroo Kimon Taliadoros was also in the public gallery after lunch.

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Bendigo soccer shoots for the big time By Travis King Sept. 29, 2013, 1:15 p.m.


http://www.bendigoadvertiser.com.au/story/1808375/bendigo-soccer-shoots-for-the-big-time/?cs=80

A PATHWAY to the A-League could soon be laid down for Bendigo soccer players through a new state-wide competition.
The Bendigo Amateur Soccer League wants to create a regional representative club in the Victorian National Premier League.

See your ad hereKicking-off in March, the VNPL's seniors will play arguably the best standard of Australian soccer below the A-League.

Juniors will take on the state's best on a weekly basis.
Bendigo has applied for a licence for boys and girls' teams, with a longer-term view to introduce seniors.

BASL expects to find out on Monday if it has the green light to join the VNPL.

"Football Federation Australia has created the national premier league and the idea is to create a clear pathway from grassroots through to the A-League," BASL operations manager Brock Rogers said.
"A lot of the states have already started their national premier league competitions, but Victoria wanted an extra year to work out how to unroll it.
"You're looking at having (under) 12s, 14s, 16s and 18s boys and girls as well.

"The whole idea is to have the better kids playing against better opposition more frequently, which is what other countries across the world are doing at this time.
"Our bid to FFV doesn't include senior men's team for the first couple of years, because similar to the Bendigo Gold we understand the expense of putting a senior team on the park.
"Our intention is to slowly grow it to a stage where we could have a senior component.
"In a few years' time we could have a Bendigo team playing against a team with the history and culture of South Melbourne."

Victorian National Premier League clubs would also take part in FFA's new Australia-wide cup competition, similar to the UK's FA Cup.
"It will also start having (promotion and) relegation into the A-League as well. So obviously if somehow this amazing stuff happens then in 15 years' time Bendigo could have a side in the A-League," Rogers said.


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Benjamin wrote:
SMFC are hoping to OWN a franchise, not to BECOME one. That's not cannabilism, it's control.


SMFC controlling FFA franchise





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Arthur wrote:
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"Our bid to FFV doesn't include senior men's team for the first couple of years, because similar to the Bendigo Gold we understand the expense of putting a senior team on the park.s said.


Is that actually allowed? I thought you had to have everything ready to go from the start, especially when it came to the playing component.
chris
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anything is possible with the FFV
Arthur
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Blackmissionary wrote:
Arthur wrote:
Quote:
"Our bid to FFV doesn't include senior men's team for the first couple of years, because similar to the Bendigo Gold we understand the expense of putting a senior team on the park.s said.


Is that actually allowed? I thought you had to have everything ready to go from the start, especially when it came to the playing component.


Quote:
If a club does not field all of the teams, will there be a reduction in the licence fee? No. Where an Applicant is unable to field all teams the Licence Assessment Committee may consider an application which details the Applicant’s plans on how it will meet this criteria and by when.
http://admin.footballfedvic.com.au/fileadmin/user_upload/Communications/NPLV/NPLV_-_Frequently_Asked_Questions_6_September.pdf


The Devil's in the detail they say!


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Just released

https://s3-ap-southeast-2.amazonaws.com/ffvmedia/ClubsRealease19FFVMedia03102013.pdf


UPDATE No: 19 – Thursday 3 October 2013

To All Clubs & Co-Signatories – Release to FFA, FFV & Media


Magistrates Court Wednesday 2nd October

At the Magistrates Court yesterday, the Chief Magistrate Peter Lauritsen advised that he will make a judgement on the Monday 7th Oct on whether he will agree to the plaintiffs request for an injunction to halt the announcement of the FFV's NPL applicants and to cease any further steps by the FFV in rolling out the NPLV.


Meeting of Co-Signatory Clubs Tuesday 15th October

Whatever the outcome of our application for an injunction against the FFV, the 61 Co-Signatory clubs have scheduled a meeting on Tuesday 15th October 2013 at 7pm. Venue to be advised.


At that meeting we will review the current events and determine the next steps we need to take to protect the football landscape in Victoria. We look forward to seeing you all there.


We’d like to commend all of the now 61 clubs/associations for taking the difficult but principled decision to stand together and achieve a successful NPL model that works for community, regional, state and VPL clubs in Victoria.


It’s not only a historic stand, but such a vast number of clubs representing a wide cross section of Victorian football demonstrates the concerns that we all hold for the current model are valid and justifies our stance.



We would like to welcome the following co-signatory club in joining us in opposition to the FFVs attempt to alter the fundamental principles of our code:


- Dandenong City

61 Clubs to date have joined the co-signatory group in a united voice for a viable and successful NPLV model rollout in 2014, which works for community, country/regional, state and NPL clubs.


These 61 Co-signatory clubs combined constitute over 100,000 football club members / supporters / youth teams / juniors / sub juniors / parents / coaches / administrators.


Our united position on the NPLV
1.We are all committed to a successful NPLV model rollout in 2014 which works for both community, regional, state and NPL club.

2.The FFV model for the NPL is not financially viable for most existing major Victorian clubs according to the financial modelling done by the clubs. It should be. The FFV has not done any financial modelling

3.That the NPLV be introduced after proper consultation with the clubs and after taking genuine account of their concerns.

4.To date the FFV has not properly consulted the clubs but rather has merely informed us of how its proposed model will operate. Even the peak Council body that represents councils, Parks Leisure Australia, in a letter attached to all clubs (29th July) made reference and supported all of these similar concerns about the FFV's approach and failure to properly consult.

5.We are united and determined to work for the good of the game in Victoria. It is unprecedented in Australia that 61 clubs have come together in a united way.

6.No one can reasonably argue that the NPLV could proceed viably, let alone succeed, without the participation of the top 30-60 clubs in Victoria at all levels: Men, Women, Junior Boys and Girls.

7.The 61 clubs are all run by volunteers who have no personal financial interest in any of these issues and are working for a viable NPLV model. The contribution and legacy of all these clubs, large, small and everything in between, should be recognised, respected and preserved. That will not happen under the proposed model.
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:)

No clues, but we're smiling.
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Can confirm...Injunction stands and matter uplifted to Supreme Court.

NPLV in FFV model is finished.
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Campaigner wrote:
Can confirm...Injunction stands and matter uplifted to Supreme Court.

NPLV in FFV model is finished.

That will be a matter for the Court to decide - but I think even getting there is important for the anti-FFV case. It is (as it should be) hard to get to the SC.
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FFA have no jurisdiction to do so - but they really must step into this soon. It's become a farce now that virtually the entire football community in this state is now fighting against the FFV, and the FFV's reaction appears to be "pah, we don't need you football people".
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FFV have lost. Lol


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Summary of ruling...mahony do you what yoou want with it....

a)Until further notice the respondent (FFV) is restrained from:

i) announcing the clubs/teams, or other entities that it proposes will comprise the National Premier Leagues of Victoria football competition (NPLV) for seasons 2014 and beyond: and

ii) taking any further step towards establishing, organising or implemnenting the NPLV for season 2014 and beyond.

b) transfer this proceeding to the Supreme Court

c) reserve the question of costs generally with liberty to apply

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FFV MUST STEP DOWN NOW

Every dollar spent in the supreme court is a dollar directed away from football

FFV no longer represents football = its plans are in isolation of the football community

If the FFV stands down an NPL model and a new administration will be set up by end of October and in time for 2014
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chris wrote:
FFV MUST STEP DOWN NOW

Every dollar spent in the supreme court is a dollar directed away from football

FFV no longer represents football = its plans are in isolation of the football community

If the FFV stands down an NPL model and a new administration will be set up by end of October and in time for 2014


Agreed. Sooner the better


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TheSelectFew wrote:
chris wrote:
FFV MUST STEP DOWN NOW

Every dollar spent in the supreme court is a dollar directed away from football

FFV no longer represents football = its plans are in isolation of the football community

If the FFV stands down an NPL model and a new administration will be set up by end of October and in time for 2014


Agreed. Sooner the better


Just gonna quote the quotes because the quotes are so on the money. ;)
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Link just posted

https://s3-ap-southeast-2.amazonaws.com/ffvmedia/ClubsRelease20FFVMedia071013.pdf


UPDATE No: 20 – Monday 7 October 2013

To All Clubs & Co-Signatories – Release to FFA, FFV & Media



Magistrates Court Ruling – 7th October 2013

This morning, Chief Magistrate Mr Peter Lauritsen, made the following ruling:

a) Until further notice the respondent (FFV) is restrained from:

i) announcing the clubs/teams, or other entities that it proposes will comprise the National Premier Leagues of Victoria football competition (NPLV) for seasons 2014 and beyond: and

ii) taking any further step towards establishing, organising or implementing the NPLV for season 2014 and beyond.

b) transfer this proceeding to the Supreme Court c) reserve the question of costs generally with liberty to apply


We would like to thank and congratulate our Legal Team:
 Barristers Paul J Hayes and Elizabeth Boros
 Nick Galatas - Partner GPZ Legal


It's disappointing that we need take to task the organisation that we fund.

We will succeed and do so in readiness for the New NPLV model in 2014.


The New NPL Model the clubs have agreed for 2014:

• It complies with FIFA statutes on PROMOTION/RELEGATION (more information, 15 Oct)
• It does not displace players/parents
• It allows juniors and sub juniors to remain with their clubs
• It allows clubs that aspire to improve and get promoted to do so if they wish
• It allows the freedom of movement of all players across the state with no artificial barriers due to zoning
• It incorporates the FFA’s NPL criteria (e.g. coaching accreditation improvements)
• It does not put financial pressure onto clubs to comply with the financially unviable FFV model


Meeting of Co-Signatory Clubs Tuesday 15th October


The 61 Co-Signatory clubs have scheduled a meeting on Tuesday 15th October 2013 at 7pm.
Venue to be advised.

At that meeting we will review the current events and determine the next steps we need to take to protect the football landscape in Victoria. We look forward to seeing you all there.


We’d like to commend all of the now 61 clubs/associations for taking the difficult but principled decision to stand together and achieve a successful NPL model that works for community, regional, state and VPL clubs in Victoria.


It’s not only a historic stand, but such a vast number of clubs representing a wide cross section of Victorian football demonstrates the concerns that we all hold for the current model are valid and justifies our stance.


61 Clubs to date have joined the co-signatory group in a united voice for a viable and successful NPLV model rollout in 2014, which works for community, country/regional, state and NPL clubs.


These 61 Co-signatory clubs combined constitute over 100,000 football club members / supporters / youth teams / juniors / sub juniors / parents / coaches / administrators.
100,000 football club members /supporters / youth teams / juniors / sub juniors / parents / coaches /administrators.



Our united position on the NPLV
1. We are all committed to a successful NPLV model rollout in 2014 which works for both community, regional, state and NPL club.
2. The FFV model for the NPL is not financially viable for most existing major Victorian clubs according to the financial modelling done by the clubs. It should be. The FFV has not done any financial modelling
3. That the NPLV be introduced after proper consultation with the clubs and after taking genuine account of their concerns.
4. To date the FFV has not properly consulted the clubs but rather has merely informed us of how its proposed model will operate. Even the peak Council body that represents councils, Parks Leisure Australia, in a letter attached to all clubs (29th July) made reference and supported all of these similar concerns about the FFV's approach and failure to properly consult.
5. We are united and determined to work for the good of the game in Victoria. It is unprecedented in Australia that 61 clubs have come together in a united way.
6. No one can reasonably argue that the NPLV could proceed viably, let alone succeed, without the participation of the top 30-60 clubs in Victoria at all levels: Men, Women, Junior Boys and Girls.
7. The 61 clubs are all run by volunteers who have no personal financial interest in any of these issues and are working for a viable NPLV model. The contribution and legacy of all these clubs, large, small and everything in between, should be recognised, respected and preserved. That will not happen under the proposed model.



Yours in football
Nicholas Tsiaras, Vice President, Box Hill United Soccer Club
Tom Kalas, Club Director, South Melbourne Football Club



chris
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A significant result for football in Victoria which will have reciprocal benefits nationally

=d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d>
=d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d> =d>
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Mahoney so far out of the loop he still thinks it will be hard to get to the SC after the ruling has been handed down :lol:
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Priest wrote:
Mahoney so far out of the loop he still thinks it will be hard to get to the SC after the ruling has been handed down :lol:


In fairness to Mahoney - he said that it was hard to get to the SC, and he's now crediting the legal team for achieving that BECAUSE it's so hard and they've managed to do it. And he's not wrong - what the legal team has done is beyond the expectations of many - specifically those at the FFV who still appear to believe that they are dealing with rank amateurs even after having lost previous cases to those same amateurs.
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Benjamin wrote:
Priest wrote:
Mahoney so far out of the loop he still thinks it will be hard to get to the SC after the ruling has been handed down :lol:


In fairness to Mahoney - he said that it was hard to get to the SC, and he's now crediting the legal team for achieving that BECAUSE it's so hard and they've managed to do it. And he's not wrong - what the legal team has done is beyond the expectations of many - specifically those at the FFV who still appear to believe that they are dealing with rank amateurs even after having lost previous cases to those same amateurs.


It's disappointing that some forumites lash out at Mahoney as "the enemy", I have found his insights into the legal system and his different perspective refreshing.

The court case has been interesting and if any one knows how to get the transcripts (Mahoney Benjamin?) or judgements I would love to see them.

As I understand it:
CASE DETAILS
JUSUP, PAVE vs FOOTBALL FEDERATION VICTORIA (FFV) INC.
CASE DATE: 07/10/2013
CASE TIME: 09:30 AM
CASE #: D12423452
J. OFFICER-
DESCRIPTION: INTERLOC APPLICATION
COURT: Magistrates Court of Victoria
DIVISION: Civil
LOCATION: 233 William Street, MELBOURNE

As I understand it;
Jusup is claiming the FFV constitution is "Opressive" as it does not allow the "Members", who are Zone Reps and Cairmen of the standing committees, to call an EGM and that the FFV Board is refusing the members access to current financials for the purpose of the members determining if the Association is financial or not.

Therefore as there is no redress in the form of an EGM for the members in halting or changing the NPLV this to needs to cease until the courts can decide if the FFV constitution should allow EGM's to be called by the members.

Am I correct or there abouts?

Edited by Arthur: 8/10/2013 08:17:12 AM
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That's pretty much how I read it Arthur. Not sure how one actually gets hold of transcripts.

Massive implications to the FFV from yesterday's result - I suspect they will dig their heels in and try to fight on, but it would be far better for the game if they were to simply accept that they are not acting in the interests of the football community and back off, leaving the field clear for the clubs to bring in a fully compliant NPL format of their own, allowing the game to move forward as in the rest of the country.
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Arthur wrote:

It's disappointing that some forumites lash out at Mahoney as "the enemy", I have found his insights into the legal system and his different perspective refreshing.
Edited by Arthur: 8/10/2013 08:17:12 AM


Nothing wrong with his insights into the legal system. It's more about how he seems to think he knows everything [-x

Edited by priest: 8/10/2013 09:26:28 AM
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Benjamin wrote:
That's pretty much how I read it Arthur. Not sure how one actually gets hold of transcripts.

Massive implications to the FFV from yesterday's result - I suspect they will dig their heels in and try to fight on, but it would be far better for the game if they were to simply accept that they are not acting in the interests of the football community and back off, leaving the field clear for the clubs to bring in a fully compliant NPL format of their own, allowing the game to move forward as in the rest of the country.


I would have thought that part of Jusup's claim would have been easy enough for the FFV to handle, as a Zone rep and therefore a member some reasonable access to financial records is par for the course, especially the monthly updates the board would recieve of course after the board had seen the accounts would suffice.

And secondly the ability for members to call EGM's is easy enough and an enforced requirement for all Clubs by FFV regulation so why not the FFV be also required to do the same.

The FFV does not have to change the NPLV if they believe that the structure they have developed is what they truely beleive is necessary for the game. But our democratic process in politics, business with shareholdings and Incorporated Associations with members has always had checks and balances between the executive and the membership.

With a EGM allowed it would be suitable forum for the members to challenge the NPLV and the Board to defend its model. And let democracy and consensus take its rightful place.

As a small aside it is amazing how we reap what we sow, several years ago VSF Chairman Manny Galanos and his Board developed this current FFV constitution approved by the FFA and ratified by the then members the clubs.
In future one would hope that when major measures are introduced like changing the constitution and changing competition structure more due diligence is employed.


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News flash

Co-Sig clubs met last night

1. Voted that they have lost confidence and trust in FFV Board and will demand the removal of FFV Directors

2. Agreed to FFA request to have a meeting with Co-Sig delegates

3. Four Co-Sig delegates chosen to represent the clubs

4. Have agreed to form a new Association with 4 men's leagues and 1 WPL (in first season)

5. Have agreed to rollout their NPL V model as tabled in their recent Update 21 (complies to FIFA statutes and FFA NPL criteria)

6. New Association will be a 'Service Provider' model, with lower registration fees, fewer administration staff (more details to follow)

its about bloody time !!



Edited by troy5: 22/10/2013 01:43:09 PM
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Point #2 likely to cause great interest on these forums...
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