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Alignment views 6 years 2 months ago #141742

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A stand alone team is the outcome that makes the most sense.
Not transferring the alignment from one Club to another.
I do not believe there is anything in the constitution to stop the Board from making such a decision.
The ultimate result IMHO would alienation of Members and Supporters as with EP.

On the other hand merger, name change, change of colours, winding up would require a substantial vote at a General Meeting of members.
Usually in this situation agreement of 65% to 75% of Members may well be required under most constitutions.
It's not the size of the dog in the fight. It's the size of the fight in the dog.
Winning isn't everything. It's the ONLY THING !!!!!!
I shot the fukin sherriff!!!!

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Alignment views 6 years 2 months ago #141746

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DF, I agree that the stand alone option is the logical way to go. That would give the WAFL a 10 team comp. Common sense all around.
But I think that the commission is trying to arrive at the stand alone solution by stealth for some reason which will cost PFC Inc. dearly.

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Alignment views 6 years 2 months ago #141748

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smokey wrote: If Perth Football Club Inc. becomes the alignment club it is still governed by it's Constitution.
IMHO but not being a legal mind, there could be legal challenges if that entity is to become the alignment club without approval by members.
I have said it before that the WAFC could pull the licence from PFC Inc. and hand it to a new entity by any other name and leave PFC Inc. alone to ponder it's likely position as an amateur club.


The constitution of the WAFC handed all ultimate power over to the board of the WAFC - to make decisions and I quote the WAFC Constitution of the WAFC in the interests of Football, every single WAFL agreed to the new WAFC powers when it was formed and effectively handed over ultimate power to the WAFC, the WAFC would suspend the Perth FC licence if they failed to obey the constitution , all funding would cease immediately, they would also sue the club and the directors would be liable for breach of the WAFC Constitution which they are bound by. Perth FC would cease to exist all its assets would be liquidated to pay for damages.

In short the Perth fc would have no choice but to agree.

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Last edit: by Bazza.

Alignment views 6 years 2 months ago #141783

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Bazza, if that is really watertight legally then it looks like doomsday for the Perth Football Club. Almost 120 years old and one of the inaugural clubs in a league that was ultimately the WANFL and subsequently the WAFL.
So, it is a gun at the head??
I do not give up hope but if that were to happen it will be a sad day indeed for football in this State but mostly for all the loyal members, sponsors and supporters of a once proud and great club.
We do not deserve this.
I still maintain that Perth Football Club Inc. is subject to it's own constitution. The WAFC may be able to pull the licence but I cannot see that any other entity can adopt the name or the assets of the club.
Perhaps PFC Inc. should hand back the licence voluntarily and go and join the Nullabor Highlands League.

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Last edit: by smokey.

Alignment views 6 years 2 months ago #141784

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Baz: of course no WAFL club would have agreed to that had they feared being expelled from the league. I stil say that you can't treat one club differently from another without running the risk of ending up in the Supreme Court. In the situation you paint, Perth will have done nothing wrong, it will be the Commission whom would have to justify changing the basis of its licence; justify, that is, why according to its licence, Perth must align or merge, but Subiaco stand alone.

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Last edit: by ArkRoyal.

Alignment views 6 years 2 months ago #141785

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The WAFC cannot revoke a club's licence purely based on not winning a premiership - it can revoke a licence for serious financial mismanagement/debt levels or if that club seriously & maliciously contravened the governing body's structures & process.
So yes - Perth FC would have grounds for legal action outside of this


Note: Mandurah were saved this sanction when the WAFC injected $300 000 a few years back to spare it that action - and were pretty much always going to be sold to the AFL henceforth because the money was never going to be repaid in full
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Alignment views 6 years 2 months ago #141792

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Forget all the legal argument.
If anyone has to go, I say, "last in, first out" which means that there are 3 or 4 clubs out before Perth and probably Subi is one of them..
But then I'm biased, I think!!!!

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Alignment views 6 years 2 months ago #141795

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Was speaking to a fellow Demons supporter yesterday and he was speaking to someone at the club that said they are prepared to put up one hell of a fight if the WAFC try to blackmail them.

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Alignment views 6 years 2 months ago #141796

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Mr AFL wrote: Was speaking to a fellow Demons supporter yesterday and he was speaking to someone at the club that said they are prepared to put up one hell of a fight if the WAFC try to blackmail them.


I will expect nothing less from the club. Make it a fight to the death. Every resource available, every ounce of strength and courage, total focus and commitment to the fight.
And every member and every supporter get right behind the club.

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Alignment views 6 years 2 months ago #141799

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They can't throw financial mismanagement at us.
One small loss in 19 years.
Be interesting to see what support PFC would get from the other Clubs.
I personally don't think they have the power to merge us or dissolve us.
The Club is owned by the members that's why you have a constitution.
Not sure where some of you doomers and gloomers get your info from.
Fairy land I suspect.
It's not the size of the dog in the fight. It's the size of the fight in the dog.
Winning isn't everything. It's the ONLY THING !!!!!!
I shot the fukin sherriff!!!!

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Last edit: by Demons Forever.
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