‘I’m against you’: Judge refuses Rugby Australia extension in $30 million case with Rebels

Former Melbourne Rebels board members have received an early minor victory after a Federal Court judge rejected Rugby Australia’s request for more time to respond to their demotion. Super Rugby’s $30 million damages suit was filed against him.

The ousted rebels, whose board members command about $8 million, are demanding access to the RA’s computer servers. Members are seeking access to an RA computer server that hosts email accounts, calendars, and Xero and MYOB accounting software.

The former Rebels board member is hoping to prove that RA was aware of their financial situation and promised to bail out the franchise, which collapsed in January with debts of more than $20 million .

Rebels players gather after the Super Rugby Pacific quarter-final match between the Hurricanes and Melbourne Rebels at Sky Stadium on June 08, 2024. (Photo by Hagen Hopkins/Getty Images)

RA maintains that he did nothing wrong and no such promise was made.

Thus, The governing body announced last month that it planned to prosecute seven former rebel directors for deceiving the governing body about their financial condition.

On the first day of the hearing, Sydney Silk and Tony Bannon SC argued that the Rebels’ statement of claim was inadequate because it did not provide enough specific detail about the allegations made against the sporting body.

Bannon argued, “They (the rebels) argue that each director relied on what we would describe as generalized, perhaps amorphous representations made by defendants.”

“We don’t know whether they were express or not. We don’t know whether they were contained or not. We don’t know whether they were verbal or not. My learned friend says that many of these were oral. There is no identification of whether these were expressed, practical or verbal, and we are at least entitled to know what they are.”

Rugby Australia CEO Phil Waugh and president Daniel Herbert speak to the media after announcing that the governing body will not bail out the Melbourne Rebels. (Photo by Morgan Hancock/Getty Images)

But Rebels’ lawyer Philip Crutchfield Casey told the court that RA was already aware of the allegations and there had been a “devastating silence” from the sporting body in relation to his claims for more than six months.

“Rugby Australia has been on notice as set out in the statement of claim since March 1. That day, we provided a draft statement of claim to Rugby Australia’s solicitors,” he said.

He added: “On July 9, we provided another draft of the statement, and it… is largely in the same form as it is now.

“There has been no effort by Rugby Australia to engage in this matter.”

The court heard that RA’s solicitors were first given the information on 22 October.

However, Justice Anderson ruled that Bannon had shown the court that he was well aware of the details of the case, and ordered that the national rugby body must file its counterclaim by 7 November.

“Well, I’m afraid I’m up against you, Mr. Bannon,” he said.

“I think you have sufficient – the plea is such that it is presented with sufficient specificity to enable you to defend it. And I am going to expect you to do so. I will not order that You may raise this in correspondence with the respondent should the applicant provide further details.”

The case is due to return to the Federal Court on December 20 and will be heard before a different judge after Justice Anderson earlier admitted that he shared his barrister chambers with Tim North, KC, one of the directors of the rebels, for 20 years. Had done.

Justice Anderson said, “I will take up the matter with the Chief Justice and we will appoint another judge.”