Legal question on Essendon's banned players, legal action & salary cap.

[F'scary]

Re: Legal question on Essendon's banned players, legal action & salary cap.

Great pick up BT. "Not at arms length" transactions.

[boydogs]

Re: Legal question on Essendon's banned players, legal action & salary cap.

I can see a legal argument based on the wording of the policy, and a club which likes using lawyers to try to exploit any holes pre-emptively and then argue it if the AFL isn't playing ball.

The salary cap document is a policy not a law. It's policing and amendments to it are entirely at the discretion of the AFL. Essendon can present a legal argument based on the existing policy, but the AFL are the judge

The ATO treatment of a settlement would be more subject to the courts

[bulldogtragic]

Re: Legal question on Essendon's banned players, legal action & salary cap.

The salary cap document is a policy not a law. It's policing and amendments to it are entirely at the discretion of the AFL. Essendon can present a legal argument based on the existing policy, but the AFL are the judge

The ATO treatment of a settlement would be more subject to the courts

The ATO reference is about the general principle that injury compensation is generally not considered taxable income, and if that principle will be applied by the AFL for salary cap purposes if banned players are awarded money and it not counted in the cap. I guess it all boils down to the point if the AFL allow that argument for Essendon we should be checking with the AFL to see if we can exercise that favourable treatment for Crameri & our club. I think it's an interesting dimension for all the banned players, and I'm sure the AFL would be happy if no one ever asked the question publicly.

[Twodogs]

Re: Legal question on Essendon's banned players, legal action & salary cap.

My brain genuinely started to hurt reading BT's post. I'll have to finish it later.

[Murphy'sLore]

Re: Legal question on Essendon's banned players, legal action & salary cap.

This is why I never used my Law degree.

[EasternWest]

Re: Legal question on Essendon's banned players, legal action & salary cap.

This is why I never used my Law degree.

Just stuck to your Lore degree.

I'll see myself out.

[Twodogs]

Re: Legal question on Essendon's banned players, legal action & salary cap.

This is why I never used my Law degree.

You must have used it for something. Laundry list, shopping, something like that.

[bulldogtragic]

Re: Legal question on Essendon's banned players, legal action & salary cap.

You must have used it for something. Laundry list, shopping, something like that.

Having a huge HECS debt.

[Twodogs]

Re: Legal question on Essendon's banned players, legal action & salary cap.

Having a huge HECS debt.

Yep, that.

[boydogs]

Re: Legal question on Essendon's banned players, legal action & salary cap.

I guess it all boils down to the point if the AFL allow that argument for Essendon we should be checking with the AFL to see if we can exercise that favourable treatment for Crameri & our club. I think it's an interesting dimension for all the banned players, and I'm sure the AFL would be happy if no one ever asked the question publicly.

I can't see the AFL determining that Essendon's compensation to Crameri should be in our salary cap. If Stewart's happy to play for us for less as a result of getting extra money from Essendon, cool beans

[Murphy'sLore]

Re: Legal question on Essendon's banned players, legal action & salary cap.

Having a huge HECS debt.

I was lucky, snuck in before HECS really took off, only owed a bit for my final year. Paradoxically, if I'd had to pay the full whack, I probably would have chucked it in after the first year.

[bulldogtragic]

Re: Legal question on Essendon's banned players, legal action & salary cap.

I was lucky, snuck in before HECS really took off, only owed a bit for my final year. Paradoxically, if I'd had to pay the full whack, I probably would have chucked it in after the first year.

For sure. I stopped a LLM/Juris Doctor after a mere three subjects (of 24 subjects need) about 5 or 6 years back. Nearly $11,000 in HECS. I wouldn't be doing that ever again, not to mention its completely boring and about 1% of graduates get a job.

[Murphy'sLore]

Re: Legal question on Essendon's banned players, legal action & salary cap.

Ouch! Hate to think what it would have cost you if you'd gone the distance!

[Twodogs]

Re: Legal question on Essendon's banned players, legal action & salary cap.

Ouch! Hate to think what it would have cost you if you'd gone the distance!

Probably would have needed to take up a life of crime to fund the HECs debt. It's a system that makes so much sense. We expect people to have good skills in order to get anywhere in life but want them to mortgage their future in order to achieve them.

Anf of course the dead eyed ideologues who devised it all got the benefit of a free tertiary education...

[Murphy'sLore]

Re: Legal question on Essendon's banned players, legal action & salary cap.

I used to sit next to John Roskam in Contracts lectures. Should have nobbled him when I had the chance I knew Bill Shorten slightly, too... That was the thing about Law, that was where all the future trouble-makers hung out!