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  1. #1951
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    Quote Originally Posted by Yankee Doodle Titan View Post
    Just out of curiosity, wouldn't there be some sort of proviso in the contract to the effect that NRL rules, stipulations, etc., take precedence? Or at the very least some sort of clause stating everything in the contract becomes null and void in the event that the NRL doesn't register it? Thus the round 13 cooling off period would apply even if a physical contract has been signed? Sorry if this is a naive question.
    Quote Originally Posted by Mexican titan View Post
    Probably not a naïve question at all and I was wondering also about where everything stands until the round 13 deadline has passed. The other factor is what if the player then decides he doesn't want to come - do you force a bloke to a club that he might not want to play for. As we know contracts mean nothing these days but the quicker round 13 comes the better, and even then until I see him at the first week of training in November, nothing is guaranteed. The way of the world unfortunately.
    Fortunately I do think DCE is a man of his word and he seems a man of morals.
    This is coming straight from a solicitor not myself in regards to the Round 13 rule. Once a player signs a contract they are in the eyes of the law an employee of that club from the start date. Any break in that contract via the Round 13 rule would be regarded in the eyes of the law as a breach of contract. The round 13 rule is not a law in Australia and therefore is not a valid defense in a court of law if a club take the case to court. The cooling off period for any employment contract is 72hrs. So the NRL is just opening the door for legal action with the Round 13 rule.

    So if DCE was to backflip which imo he won't the club has the option to take him and Manly to court and seek damages for breach of contract.

  2. #1952

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    Quote Originally Posted by TitansFan92 View Post
    This is coming straight from a solicitor not myself in regards to the Round 13 rule. Once a player signs a contract they are in the eyes of the law an employee of that club from the start date. Any break in that contract via the Round 13 rule would be regarded in the eyes of the law as a breach of contract. The round 13 rule is not a law in Australia and therefore is not a valid defense in a court of law if a club take the case to court. The cooling off period for any employment contract is 72hrs. So the NRL is just opening the door for legal action with the Round 13 rule.

    So if DCE was to backflip which imo he won't the club has the option to take him and Manly to court and seek damages for breach of contract.
    Thanks for the additional info TF92. I guess it begs the question about why clubs don't move quickly to get contracts done regardless of the round 13 rule. In the last few years 3 or 4 players have done the backflip well after 72 hours and the losing club has just copped it. I assume that in these cases there was nothing signed and you wonder why based on your advice.

  3. #1953
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    Quote Originally Posted by Mexican titan View Post
    Thanks for the additional info TF92. I guess it begs the question about why clubs don't move quickly to get contracts done regardless of the round 13 rule. In the last few years 3 or 4 players have done the backflip well after 72 hours and the losing club has just copped it. I assume that in these cases there was nothing signed and you wonder why based on your advice.
    I think the more pressing question is why have the rule if it has the possibility to give the NRL a bad name

  4. #1954
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    K
    Quote Originally Posted by TitansFan92 View Post
    This is coming straight from a solicitor not myself in regards to the Round 13 rule. Once a player signs a contract they are in the eyes of the law an employee of that club from the start date. Any break in that contract via the Round 13 rule would be regarded in the eyes of the law as a breach of contract. The round 13 rule is not a law in Australia and therefore is not a valid defense in a court of law if a club take the case to court. The cooling off period for any employment contract is 72hrs. So the NRL is just opening the door for legal action with the Round 13 rule.

    So if DCE was to backflip which imo he won't the club has the option to take him and Manly to court and seek damages for breach of contract.
    what happens if he also signs a contract with Manly and back dates it earlier?
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  5. #1955
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    Quote Originally Posted by teke View Post
    Kwhat happens if he also signs a contract with Manly and back dates it earlier?
    Although backdating is generally permissible under the common law, a court will not give effect to backdating where the parties backdated the contract to mislead a third party.

    That would essentially be what Manly would be doing. Misleading the Titans and NRL into believing a contract was signed prior to the one signed to the Titans.

    Any more questions Teke???
    Last edited by TitansFan92; 06-05-15 at 06:27 PM.

  6. #1956
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    Quote Originally Posted by TitansFan92 View Post
    Although backdating is generally permissible under the common law, a court will not give effect to backdating where the parties backdated the contract to mislead a third party.

    That would essentially be what Manly would be doing. Misleading the Titans and NRL into believing a contract was signed prior to the one signed to the Titans.

    Any more questions Teke???
    Is that what a solicitor told u in a fast response or are u guessing?

    Yeah I got another Q - how would u know if he back dated or not?
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  7. #1957

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    Quote Originally Posted by teke View Post
    Is that what a solicitor told u in a fast response or are u guessing?

    Yeah I got another Q - how would u know if he back dated or not?
    That is probably not the issue. If a bloke signs two contracts he is obviously in the wrong no matter what the date is. This has also been played out so thoroughly in the press it is obvious he committed to the Titans and that Manlys efforts are after the fact.

  8. #1958
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    Quote Originally Posted by Mexican titan View Post
    That is probably not the issue. If a bloke signs two contracts he is obviously in the wrong no matter what the date is. This has also been played out so thoroughly in the press it is obvious he committed to the Titans and that Manlys efforts are after the fact.
    Forgive me if I'm wrong he could sign 3 or 4 contracts before the cutoff date, ask the NRL to process the one he wants them a **** fight ensues!?
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  9. #1959
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    What if aliens came to the Earth, cloned DCE and he could fulfil the three or four contracts. Would there be an argument over who got the original?

  10. #1960
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    Quote Originally Posted by JunctionBlock View Post
    What if aliens came to the Earth, cloned DCE and he could fulfil the three or four contracts. Would there be an argument over who got the original?
    I too am wondering this so if this question could be prioritised then that would be great

  11. #1961
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    Quote Originally Posted by JunctionBlock View Post
    What if aliens came to the Earth, cloned DCE and he could fulfil the three or four contracts. Would there be an argument over who got the original?
    Is that you Cartman ??
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  12. #1962
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    Quote Originally Posted by teke View Post
    Is that what a solicitor told u in a fast response or are u guessing?

    Yeah I got another Q - how would u know if he back dated or not?


    No not guessing. I do know a little bit about contract law and backdating contracts as i have done it with in my business before. The more complex stuff I leave to my legal team.

    As for your question even though the contract is backdated the date when the contract is signed is also on there and if a club is stupid enough to fraudulently put false information then that is punishable by a minimum of 3 years imprisonment. Can I help you with anything else Teke?

  13. #1963
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    Quote Originally Posted by TitansFan92 View Post
    No not guessing. I do know a little bit about contract law and backdating contracts as i have done it with in my business before. The more complex stuff I leave to my legal team.

    As for your question even though the contract is backdated the date when the contract is signed is also on there and if a club is stupid enough to fraudulently put false information then that is punishable by a minimum of 3 years imprisonment. Can I help you with anything else Teke?
    yeah I got one more question - have u told Manly all of this? It seems they arnt as clued up as you
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  14. #1964
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    Quote Originally Posted by teke View Post
    yeah I got one more question - have u told Manly all of this? It seems they arnt as clued up as you
    Why would I help Manly???? All clubs would know this information and if they don't well all the more fool them. I think this will be the end of this because you are obviously trying to get a bite from me but I will be the bigger person and leave it alone. Why don't you go back to the Manly forum your negativity would fit in real well there.

  15. #1965
    Moderator Bayside Titan's Avatar
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    So with the DCE circus back In town just thought I would pose the following thought/question.

    I used to work in an industry that relied on risk mitigation. So if DCE was to backflip and stay who would you like to see partner LG ?
    For me maybe Jamal Fogarty, Mose Mybe as just thoughts.
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