By Joffa - 14 Aug 2013 6:11 PM
Football Federation Victoria faces legal fight with angry clubs
by: Patrick Lane
From: Melbourne Leader
August 14, 2013 2:30PM
A GROUP of aggrieved clubs has sought legal counsel after Football Federation Victoria did not comply with their deadline to suspend the National Premier League process.
The group, spearheaded by South Melbourne director Tom Kalas and Box Hill United vice-president Nicholas Tsiaras, claims to have the support of 51 member soccer clubs in their bid to halt what they believe is an unviable competition model.
The group gave the governing body a 4pm deadline last Thursday to suspend the process before releasing a statement explaining the proposed court injunction application had been suspended for 24 hours at the FFV's wish.
The group has engaged GPZ Legal in its fight to suspend the NPLV process but late on Tuesday, five days after the FFV's deadline, the governing body had received no legal papers.
"As yet FFV has not received a letter of demand or legal action, been served with any legal papers nor have we received any explanation of the legal basis for any such action. FFV will not be making any further comment regarding potential or alleged legal action," a statement read.
But GPZ legal partner Nick Galatas has confirmed today that steps are being taken to seek a court injunction to suspend the process, which sees applications close on Friday.
Any legal action undertaken by the aggrieved clubs would hinge on whether a barrister first advised whether they have a course of action.
It is unknown whether the plaintiff will be South Melbourne - Kalas's club of origin and one of Victoria's most powerful football institutions - or the aggrieved clubs, with Galatas telling Leader just who would be listed on legal documents was still a point of conjecture.
Crucially, clubs are incorporated associations, meaning their assets are member-run and membership approval would likely be required for legal action.
Further, any pursuit of a court injunction would require a plaintiff's undertaking of liability should its action be unsuccessful.
The group is calling on the FFV to suspend the selection process and meet with the clubs on August 26 to redesign the current financial model, which clubs believe will see NPLV institutions run at losses of more than $140,000 a year.
But a source close to the application process has rubbished those figures, believing any financial shortfalls in figure estimates rests with player wages - not NPLV demands.
The stoush turned ugly last week, with the aggrieved group even threatening to report the FFV under the Privacy Act and Spam Act after the governing body used the group's mail out list to send out updates on the NPLV selection progress.
Doubts have emerged regarding the aggrieved group's strength, with many of the 51 clubs listed as part of their action never submitting an expression of interest to begin with.
Victorian Premier League giant Richmond, meanwhile, released a statement condemning the action group for including its name without approval.
"If as a club we decide to withdraw from the process then we will send out our own communication accordingly," it read.
Richmond will convene a meeting for its members tonight to discuss the prospect of applying but Leader understands the club faces major economic hurdles should it seek a licence.
Meanwhile, Kalas has defended the action group's decision to cancel talks with the FFV over the proposed model.
An invitation to chief executive Mitchell Murphy and general manager of football Tim Frampton to attend a discussion meeting last month was withdrawn at the 11th hour due to "sensitive information being discussed" - despite FFV board member Kimon Taliadoros attending the meeting - and Leader has seen an email chain detailing Tsiaras's repeated rejections for correspondence.
"That meeting on that day, the reason I asked for it to be called off was that they were actively still talking to clubs who've withdrawn their process," Kalas said.
"We felt that if we'd have gone to the meeting they would have used that statement to say they were still talking to clubs. I want people to understand that there are no discussions until they halt the process."
Werribee City, Sunshine George Cross and FC Bulleen are believed to be seeking a NPLV licence.
http://www.heraldsun.com.au/leader/north/football-federation-victoria-faces-legal-fight-with-angry-clubs/story-fnglenug-1226697101740
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By Benjamin - 15 Aug 2013 2:36 PM
mahony wrote:Now over to Benjamin to again tell me how many clubs are boycotting. Because that appears to be working for him.
You're making the argument that the league can go ahead without the 'rebel' clubs and they are potentially causing themselves more damage by making a fuss about it.
I'm making the argument that two teams speaking in favour of the new league is hardly a great argument for that new league when 51 are talking against it.
End of the day I've no doubt that the FFV could form a league with what they got left - it will be a rather comical affair, and will hemorrhage money without benefiting young players in any way. The stance of the clubs is in the best interests of the game.
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