February 24, 1996: Super League banned!
The ARL scored a "stunning victory" in the judgement of Justice James Burchett, whose findings against News Limited still sting some people to this day.
Today is the anniversary of one of the biggest events in the entire 126-year history of rugby league.
But how significant was Justice James Burchett’s decision in outlawing Super League in Australia until the turn of the century, given that - apologies for the spoiler, newbies - it was subsequently overturned by the full bench of the Federal Court?
According to many of my interviewees for Two Tribes, it was more important than may be immediately apparent.
Super League, had it kicked off in 1996, would have been far more successful than it was in 1997 because of the standard of player involved and the public interest in some places (obviously not in huge swathes of Sydney).
There was also a disconnect when Super League DID begin in Europe but remained sidelined in Australia, where the governing body wanted nothing to do with the Rugby Football League because of its perceived treachery.
Let’s go through the bare bones the judgement, then.
The loyalty agreements were upheld, meaning the eight breakaway clubs were tied to the ARL until 2000;
News were found to have acted illegally in inducing those clubs to breach their loyal agreements;
Super League officials were accused of duplicity, deceit and secrecy and Canterbury chief executive Peter Moore of being “completely corrupted”;
“We didn’t win by a football score, we won by a cricket score,” said ARL chairman Ken Arthurson immediately afterwards.
News’ Ken Cowley told his media conference after the decision: “In this history of rugby league, this will be seen as a temporary, if painful, reversal.”
Only John Ribot attended the hearing. He slipped out by a side door.
We will drill further down into Justice Burchett’s judgement in the coming days. If you’re wondering why I haven’t mentioned those Draconian orders he handed down, it’s because they weren’t delivered until the following week.
COWLEY HERALDS A SUPER APPEAL
Sydney Morning Herald, February 24 1996
By STEVE MASCORD
NEWS Ltd chief executive Ken Cowley last night announced that Super League would be seeking leave to appeal against Justice Burchett's ruling.
Cowley issued a media release at 8pm saying he believed there were "substantial grounds for appeal" with News Ltd lawyer John Atanaskovic saying the judgment was "unsoundly based in a number of areas".
Cowley said: "Accordingly, we are very confident of the success of an appeal and have had no hesitation in deciding this course of action."
Earlier, he gave little indication of News Ltd's plans when he appeared at a media conference, saying he had been instructed by legal counsel not to answer questions.
Atanaskovic told the Herald the Super League playing contracts had not been affected by the judgment and the release of players by breakaway clubs to Super League had not been outlawed.
The court will consider its orders on Monday. However, in discussing the releases, Justice Burchett said in his judgment: "The cross-respondent rebel clubs broke those obligations by releasing players and/or threatening to do so ...
"These actions were plainly prejudicial to the interests of the League, and thus in breach of the contract constituted by the NSWRL articles of association. They were also in breach of specific and implied terms of each commitment agreement and loyalty deed."
Cowley, meanwhile, gave no hint that compromise talks with the ARL were on his agenda when he told journalists at the Sheraton on the Park Hotel that the judgment was a "temporary, albeit painful, reversal".
"Our resolve regarding this objective remains undiminished," said Cowley. "While we are disappointed at today's judgment, our commitment to our players, clubs and followers is unchanged.
"In short, while we will demonstrate respect for the law on all occasions, we are not walking away."
The Australian Nines team was shielded from the media in a room at the Trade Winds Hotel in Suva, where the day's play had been suspended because of torrential rain.
But Canterbury skipper Terry Lamb told Channel 7: "I know we'll be playing next week against Penrith in Super League . . . we'll be playing Super League this year."
RESOURCES
Australian Competition Law summation of the judgement
The OECD paper is a nice reference.