South Melbourne Sue For Points [FFT Article]


South Melbourne Sue For Points [FFT Article]

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R_2
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F*cking cry-babies.

Soooooooooooooooo glad they'll NEVER be in the A-League!! :D


What do you think about the FourFourTwo article South Melbourne Sue For Points?
SOUTH Melbourne has launched Supreme Court action against both Football Federation Australia and the FFV in a bid to regain the six points deducted from the club earlier this season.



Have your say.
Joffa
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This kind of reaffirms my thoughts that maybe the FFA are right in not rushing into a B-League and a Cup comp...there is no doubt this will come to FIFA's attention and won't help our World Cup bid.




Edited by joffa: 6/8/2010 09:04:59 PM
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Joffa unfortunately you are right!
As a south supporter, we are sooooo disappointed with the current management of our club!
The current actions reflect a club that is in turmoil with absolutely no idea of the future. They are more happy to enter into litigation than be part of a process to be part of football and the future.
On the positive side, as soon s the moron management are pissed off the future is great!!!
South ole
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Two sides to every story. I too was dubious about the club appealing the original decision - however...

The behaviour of the FFV on appeal - namely, agreeing that we were not guilty of all charges, then bringing in a new charge and doubling the penalty, was a disgrace. The club then attempted to find a solution with the FFV, offered to go to arbitration, etc., and were refused the opportunity.
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ben what cha expect the ffa are a bunch of corrupt mofo's .. all they care about is themselves they fcuked the league up . the sooner they're gone the better.
Benjamin
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It's not corruption. It's pettiness from FFV, and from what I can see a lack of interest rather than any negative influence from the FFA.
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pettiness hmm why would the ffv be petty against smfc who are one of the biggest clubs in the vpl? and the ffa are showing no intrest probably due to the fact they think that the ffv have it under control ?
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MvFCArsenal16.8 wrote:
pettiness hmm why would the ffv be petty against smfc who are one of the biggest clubs in the vpl? and the ffa are showing no intrest probably due to the fact they think that the ffv have it under control ?


I don't think the FFA were aware of how serious the issue was and thus didn't put any pressure on the FFV to go to arbitration. I suspect that the FFA has been named in the action for no reason other than to wake them up, and I'd hope that once they are woken they will immediately instruct the FFV to go to arbitration with South and sort the mess out.

The problem is that whilst the shoddy Soccer Australia admin was removed and replaced with a far more professional organisation - the same guys are still incharge at state level... And they haven't a f*cking clue.
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true benj i think the ffv board need to step down yes they love the game but ffs they are sitting idely whilst the game is getting more run professionally. hell at heatheron united the grassroots club i support they got rid of the old board because they were misappropriating funds and running the club like soccer australia !!
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They are probably trying to clean it up from what i've read theres been multiple clubs fined or docked points this season. Ben is too biased to comment accurately, south melourne could kill little babies and he would find a way to support them.
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So, so very skeptical if incidents like this have even the slightest ripple on a World Cup bid.

Do people really think that some judge on the other side of the world thinks, "shit, a couple of supporters played up in the local state leagues. I'm going to give my vote to Qatar instead."

WC bidding is politics, pure and simple. I think people really overrate factors like this, and to a lesser extent stadiums, public transport etc.
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kapow! wrote:

They are probably trying to clean it up from what i've read theres been multiple clubs fined or docked points this season. Ben is too biased to comment accurately, south melourne could kill little babies and he would find a way to support them.


Why I have argued that appealing the original decision was wrong then?

You tell me though - in a non-biased way -

1) if you were taken to court and convicted of a crime, but believed that the charges weren't proven - would you appeal?

2) if you won that appeal would you consider yourself to have been proven correct in your decision to appeal?

3) having won the appeal, would you be surprised, disappointed or outraged, if new charges were raised based on the same events, and you were convicted again?

4) would you appeal the second decision?
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R_2 wrote
"F*cking cry-babies.

Soooooooooooooooo glad they'll NEVER be in the A-League!! :D"

R_2, of course there has never been an incident at an A league game????? No, not at all, not at all enough to list here.

This is typical anti ethnic club BS. I could go on and on as to how this is BS, but it has been said many times B4, but a racist will always be a racist no matter what is said on this forum. And believe me it is racism in every single way you look at it.

Oh and before you all jump up and done, please note that according to the United Nations conventions, there is no distinction between the term racial discrimination and ethnicity discrimination

kapow!
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Benjamin wrote:
kapow! wrote:

They are probably trying to clean it up from what i've read theres been multiple clubs fined or docked points this season. Ben is too biased to comment accurately, south melourne could kill little babies and he would find a way to support them.


Why I have argued that appealing the original decision was wrong then?

You tell me though - in a non-biased way -

1) if you were taken to court and convicted of a crime, but believed that the charges weren't proven - would you appeal?

2) if you won that appeal would you consider yourself to have been proven correct in your decision to appeal?

3) having won the appeal, would you be surprised, disappointed or outraged, if new charges were raised based on the same events, and you were convicted again?

4) would you appeal the second decision?


I dont have a clue what happened but i believe the clubs should work within the system, i assume they knew the options for appeal before the season started and they should work within that. Taking it to court takes it outside that and is just embarrassing for the game.
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Yes - they knew the options for appeal. They made the appeal in accordance with those options - they WON the appeal on all three charges.

Again, I agree that the original offence was inexcusable. There is no justification for the morons that jumped the fence. However, the fact remains that the FFV overturned their finding that SMFC were guilty of the charges raised against them. It's simply not right to try someone, ultimately find them innocent, then move the goalposts and bring in new charges so you can nail them. And for the new penalty to be 6 points rather than 3 is a clear indication of petty decision making.
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oh well hopefully they sort it all out without dragging through the courts.
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kapow! wrote:
oh well hopefully they sort it all out without dragging through the courts.


Certainly hope so. No one wants it in the courts.
Gyfox
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I wonder how this relates to the case in hand.

Quote:

16.7 The Appeal Committee has the power to:

(a) dismiss, allow in whole or part, or vary (whether by way of reduction or increase) any Determination of a Judicial Body;
(b) substitute its own sanctions or finding; or
(c) impose any sanction or make any finding that the Judicial Body could have imposed or made.


http://www.footballaustralia.com.au/site/_content/document/00000362-source.pdf
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Well, the appeals committee found that the club was not guilty of the original charges... Then the appeals committee imposed it's own sanctions. It seems that the two are mutually exclusive. You can't punish someone for something you've found them NOT guilty of. Surely?
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Benjamin wrote:
Well, the appeals committee found that the club was not guilty of the original charges... Then the appeals committee imposed it's own sanctions. It seems that the two are mutually exclusive. You can't punish someone for something you've found them NOT guilty of. Surely?


certain ppl within the ffv are anti-south, not many but 2 in particular that have always made life difficult for the club, really if they wanted they could have just found the club guilty on the appeal and that would have been reason enough to further sanction the club, but to find the club not guilty and to slap it with that punishment is insane, the whole thing is just so odd it has to be taken further.
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Benjamin wrote:
Well, the appeals committee found that the club was not guilty of the original charges... Then the appeals committee imposed it's own sanctions. It seems that the two are mutually exclusive. You can't punish someone for something you've found them NOT guilty of. Surely?


I cannot find the FFV Statutes so I have only looked at the FFA Statutes and Grievance Regulations part of which I quoted above. My understanding is that an appeals body can modify charges and impose its own sanctions based on what it believes a judicial body would have imposed if they were dealing with the modified charges. Take that for what it is worth.

Article 28 and 29 deal with the types of sanctions that can be made against a body or an individual and when an appeal can be made to CAS.

Quote:
3
CAS has jurisdiction to hear appeals from the FFA Appeal Committee only if the appeal
does not relate to or arise from a violation of the Laws of the Game, FFA’s grievance
procedure is first fully exhausted and the sanction to be appealed from is one of the
following:

a) a fine greater than $10,000;
b) a match suspension greater than 12 months;
c) exclusion or expulsion from a Competition;
d) suspension or cancellation of licence or accreditation, including Licensed Player
Agent’s licence or coaching accreditation; or
e) ban on taking part in all football related activity.

4
The sole grounds for any appeal to CAS against a decision of the FFA Appeals
Committee are:

a) a party was not afforded a reasonable opportunity to be heard on the issues or merit
and/or sanction;
b) the determination was affected by bias; or
c) the FFA Appeal Committee wrongly accepted or declined jurisdiction.



I would expect FFV's Statutes etc to say the same sort of thing.

The thing that concerns me is that all the FFA, AFC and FIFA documents that deal with this stuff preclude any body from taking action in the courts and I recall a case in the recent past in South America where FIFA threatened the expulsion of the country from FIFA because action was being taken in the civil courts instead of through the systems that FIFA has insisted be in all Member Federations Statutes and Regulations.

An example of the sort of stuff written in these documents is from Article 27 below:-

Quote:
2
Each Member submits exclusively to the jurisdiction of the Grievance Resolution
Regulations and agrees that it will not attempt to resolve any Grievance in any court of law or
tribunal.


The intention is that if you are a member of the Football "family" then you stay within the "system" that Football has in place. I suppose it could be concluded that if a body takes itself out of the "system" then it is taking itself out of the "family".

All interesting stuff to think about and in this case, all brought about by a few people that crossed the line.



Edited by gyfox: 7/8/2010 09:27:43 AM
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Quote:
The sole grounds for any appeal to CAS against a decision of the FFA Appeals
Committee are:

a) a party was not afforded a reasonable opportunity to be heard on the issues or merit
and/or sanction;
b) the determination was affected by bias; or
c) the FFA Appeal Committee wrongly accepted or declined jurisdiction.


Here's how I see it, based on the above statement...

a) after being found innocent of the original charges, new charges were imposed and the club was given about 2 minutes to prepare it's response. No further opportunity was given for appeal.
b) the fact that the additional charge was only raised after the initial charges were dismissed, and the seriousness of the revised penalty, indicates that a degree of "how dare you appeal!" was involved. That's a clear bias against the defendant.

Another thing I don't understand - if the charge was so serious that it warranted a 6 point deduction - why the hell wasn't it raised at the original hearing?
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Benjamin wrote:
Quote:
The sole grounds for any appeal to CAS against a decision of the FFA Appeals
Committee are:

a) a party was not afforded a reasonable opportunity to be heard on the issues or merit
and/or sanction;
b) the determination was affected by bias; or
c) the FFA Appeal Committee wrongly accepted or declined jurisdiction.


Here's how I see it, based on the above statement...

a) after being found innocent of the original charges, new charges were imposed and the club was given about 2 minutes to prepare it's response. No further opportunity was given for appeal.
b) the fact that the additional charge was only raised after the initial charges were dismissed, and the seriousness of the revised penalty, indicates that a degree of "how dare you appeal!" was involved. That's a clear bias against the defendant.

Another thing I don't understand - if the charge was so serious that it warranted a 6 point deduction - why the hell wasn't it raised at the original hearing?


I can't really comment on the process that took place or the FFV regulations but based on the FFA ones it should have been two separate bodies. The first one is the Judicial body that deals with the charge and the second, different body, that deals with the appeal of the Judicial body's ruling.

The question I would like you to answer if you know it is do the FFV Statutes and Regulations require all members, in this case a club, to forgo the right to access to the civil courts as part of being a member as the FFA, AFC and FIFA ones do?
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Zzzzz. If I wanted to read about Grass Roots I'd go there and read about it.
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MvFCArsenal16.8 wrote:
ben what cha expect the ffa are a bunch of corrupt mofo's .. all they care about is themselves they fcuked the league up . the sooner they're gone the better.


It was the FFV, not the FFA. Get it right man. If you are going to blame someone, make sure its directed at the right party :)

I would say that SMFC are within their rights to challenge the decision, as any club is. It is risky though, to both sides. Whoever loses may incur large fees, causing ripple effects down the chain, with a FFV loss affecting the whole competition, and the same result against SMFC could see internal club issues, throughout all teams/levels in the club.

Reform of the FFV, giving people confidence in its ability is something that needs to happen, as so many no longer have faith in the sports management.

Edited by heart_fan: 7/8/2010 04:28:14 PM
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kapow! wrote:


I dont have a clue what happened but i believe the clubs should work within the system, i assume they knew the options for appeal before the season started and they should work within that. Taking it to court takes it outside that and is just embarrassing for the game.


Could it be the way the game is run in Victoria by the FFV is just embarrasing?

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Gyfox wrote:


I would expect FFV's Statutes etc to say the same sort of thing.

The thing that concerns me is that all the FFA, AFC and FIFA documents that deal with this stuff preclude any body from taking action in the courts and I recall a case in the recent past in South America where FIFA threatened the expulsion of the country from FIFA because action was being taken in the civil courts instead of through the systems that FIFA has insisted be in all Member Federations Statutes and Regulations.



http://www.footballfedvic.com.au/files/7250/files/Discipline/GDT/gdt%202010.pdf

Quote:
Appeals Board Decisions
13.9 The Appeals Board is not obliged to provide reasons for its findings but those findings will be notified to the parties by FFV. If the Appeals Board provides reasons then the Appeals Board may authorise FFV to publish those reasons on the FFV website.
13.10 (a) Where a party has exhausted all avenues of appeal within FFV, that party may appeal that decision via Football Federation Australia‟s National Disciplinary Regulations and Grievance Resolution Regulations.
(b) Subject to clause 13.10(a) a decision of the Appeals Board shall be final and binding on the parties and no party may take any action in any court or tribunal or other forum to challenge such decision or seek to have it varied in any way.


http://www.footballfedvic.com.au/files/7250/files/corporate/constitution%20-%20latest.pdf

Quote:
8.2 Disputes
(a) This rule 8.2 applies to a Dispute.
(b) The parties to a Dispute must meet and discuss the matter in dispute,
and, if possible, resolve the Dispute within 14 days after the Dispute
comes to the attention of all of the parties.
(c) If the parties are unable to resolve the Dispute at the meeting or
meetings held in accordance with rule 8.2(b), or if a party fails to
attend such a meeting, then the parties must, within 10 days, hold a
meeting in the presence of a mediator.
(d) The mediator must be:
(i) a person chosen by agreement between the parties; or
(ii) in the absence of agreement:
(A) in the case of a Dispute between a Member
and another Member, a person appointed by
the Directors; or
(B) in the case of a Dispute between a Member
and the Association, a person appointed by
FFA.
(e) A Member can be a mediator.
(f) A Member who is a party to the Dispute cannot be a mediator.
(g) The parties to a Dispute must , in good faith, attempt to settle the
Dispute by mediation.
(h) The mediator, in conducting the mediation, must:
(i) give the parties to the mediation process reasonable
opportunity to be heard; and
(ii) allow due consideration by all parties of any written
statement submitted by any party; and
(iii) ensure that natural justice is accorded to the parties to the
Dispute throughout the mediation process.
(i) The mediator must not determine the Dispute.
(j) If the mediation process does not result in the Dispute being resolved,
the parties may then seek to resolve the Dispute in accordance with
the process set out in the Grievance Procedure.
8.3 Grievances
(a) Subject to rule 8.2:
(i) all Grievances must be determined pursuant to and in
accordance with the process set out in the Grievance
Procedure.
(ii) the Association, Members, Directors, Secretaries and Public
Officers must comply with the Grievance Procedure and must
refer all Grievances to the dispute resolution body established
in accordance with the Grievance Procedure and must not
commence any suit or proceeding in any court or tribunal
until the Grievance Procedure has been exhausted
.
(iii) this rule 8.3 binds Members, Directors, Secretaries and Public
Officers after they cease to be a Member, a Director or a
Registered Participant if the dispute relates to a matter arising
while they were a Member, a Director, a Secretary or a Public
Officer.
(b) The Association must ensure that Registered Participants and Clubs
comply with this rule 8.3.


Appers ther is avenue for courts re underlined, while the By-Laws say the tribunals are final and no party should seek outside court hearings etc. there are no penalties.

In the end not Coporate body, no Association, no person is above the law of the land. If the FFV's By-Laws do not offer natural justice then they are illegal simple.

Word has it that SMFC presented a strong case while thr FFV legal counsel strayed from points of law, we will see.

Edited by Arthur: 12/8/2010 02:54:17 PM
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God will someone close these clubs down or re-image themselves.the whole work.
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kapow! wrote:

They are probably trying to clean it up from what i've read theres been multiple clubs fined or docked points this season. Ben is too biased to comment accurately, south melourne could kill little babies and he would find a way to support them.


Yes some Clubs have been deducted 3pts for not paying for Gold medal Night Tickets which they were forced to purchase, while they had not topped up their FFV accounts during the off season suffeciently to pay for them.

Oh! Also Dandenong Thunder had three points deducted because a spectator verbally abused a linesman.

All decisions crucial to the advancement of the game, cleaning it up as you say.

Seriously you have no idea.
Arthur
Arthur
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Glory Recruit wrote:
God will someone close these clubs down or re-image themselves.the whole work.


Don't like it, don't post.
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