FIA/Mosely threat Aus. GP/Aussie Motorsport in jeopardy (merged)

[Nicholosophy]

Just saw on Netowork 10's F1 coverage that the FIA aren't happy about the court ruling Paul Stoddart received in his favour yesterday, and is threatening the future of ALL international FIA-sactioned events in Australia.

I'm trying to find a link to the press release on the FIA website or elsewhere. As soon as I find one I'll post it...

[SetikX]

As did i, very scary thoughts.

[DNQ]

Won't happen.

There'll be an Australian GP tomorrow, next year, 2007, 2008 and beyond.

[nkh]

it's on Autosport: http://www.autosport.com/newsitem.asp?id=42268&s=5

"Apparently the judge thought it right to interfere with the running of a major sporting event, over-rule the duly appointed international officials and compel the governing body to allow cars to participate in breach of the international regulations, all this without first hearing both sides of the case.

"If Australian laws and procedures do indeed allow a judge to act in this way, it will be for the World Motorsport Council to decide if a World Championship motorsport event of any kind can ever again be held in Australia."

[Amaroo Park]

Who was the quote made by???

[nkh]

Fia

[Amaroo Park]

Originally Posted by nkh

Fia

Was there a name put too it?

[Nicholosophy]

Originally Posted by colinbond

Was there a name put too it?

I'm still waiting for the Press Release to come up on FIA.com.... Quick folks they are...

Edit: Found some more info here http://www.grandprix.com/ns/ns14368.html - nothing on FIA still

[DNQ]

This is the sort of crap that really makes me loathe modern-F1.

Who cares. It's time the FIA and everyone associated with F1 just forgets about off-track rubbish like this, and get on with the racing.

[Nicholosophy]

Anything can happen. If the FIA view this as a breach of their 'ultimate' power in controlling international sporting events within Australia, they may take the view it is safer to not hold events here anymore.

Say for example a team in an FIA-sactioned event (Rally, F1, Champ Cars (?), etc) is presented for scruitineering and is deemed inelligible as it does not conform to satefy rules. The team goes to court and the court grants an injunction allowing the cars to race. The cars get on the track (or section) and half way through crash, killing the driver and two spectators/marshalls. Who will get the blame in the end?

We could say the courts as they granted the injunction, but it will look bad on the FIA, affect their and the events insurance premiums, and shows the FIA as being unable to control the sport they control (makes sense doesn't it!).

Whilst I don't think it will happen, I can see why the FIA are mightily angry. As Cromley said, if Paul Stoddart had just bolted the 2005-spec items onto the car, we wouldn't be in this position.

Perhaps this has been seen as a chance for the FIA to undermind Paul's "popularity" (I don't know if that is the right word) and to show that he's the one putting the sport at risk, not them.

I leave it for my fellow ten-tenthers to make judgement and comment.

[Amaroo Park]

When you hear this sort of rubbish from those idoits in the FIA in Paris, It really makes you hope and pray that Bob Jane is successful in his action aginst CAMS, who is the FIA sanctioned body in Australia

[Matthew Ronke]

Originally Posted by colinbond

When you hear this sort of rubbish from those idoits in the FIA in Paris, It really makes you hope and pray that Bob Jane is successful in his action aginst CAMS, who is the FIA sanctioned body in Australia

Paris, Actually they moved to Geneva to avoid EU rules. Mosley has shifted his residence to Monaco to avoid personal prosecution by the EU. If the FIA and FOM continue to act above the laws of countries, they will dig a hole for themselves and then it will be only a matter of time before GPWC role over them. Remember it was Ron Walker who was doing Bernie's dirty work back in January in relation to GPWC and race circuits.

[ensign14]

Originally Posted by Matthew Ronke

Paris, Actually they moved to Geneva to avoid EU rules. Mosley has shifted his residence to Monaco to avoid personal prosecution by the EU.

Having said that, I have great sympathy with this stance. The EU rules would have meant that he was liable to arrest every time there was a fatal accident.

[Teretonga]

F1 is not above the law, and proper judicial process, as much as some would like to think it is. I wrote my thread while this one was being put up moderators, so feel free to combine them if you wish.

[ysofast]

Sounds like alot of noise to me. What are the cig avert laws like in Australia? That is more likely to tell you if future events are secure.

[nkh]

But FIA can choose not to host races in a country where the law makes it impossible for them to control the sport. What if some Prince in Bahrain desided that he should compete in an F1 race and the local court agreed to that? or if some Australian court agrees that a local team boss should be allowed to race his cars... hmm.. oh.. (!)

[Ross Cadell]

Originally Posted by nkh

But FIA can choose not to host races in a country where the law makes it impossible for them to control the sport. What if some Prince in Bahrain desided that he should compete in an F1 race and the local court agreed to that? or if some Australian court agrees that a local team boss should be allowed to race his cars... hmm.. oh.. (!)

You may find that most judicial democracies, even in your own country anyone can apply for injunctive relief in any situation where

a. You can establish a prima facie case that you have an arguable case in law.
b. The act that you are seeking injunctive relief from would fundamentally prejudice your position and casue harm if it were allowed to proceed. and;
c. The court is satisfied by your ability to meet and your undertakings to the court to compensate the party you're are seeking the injunction if at a later date and hearing of the facts the court rules against you.

It doesn't matter if it is inclusion in an F1 race or stopping mumma slapping your bum. if you can tick those boxes it does not need a responents input and can be granted.

I feel the judge was correct in granting the injunction and also asking to hear from the respondents today on whether to continue the injunction.

Basically Stoddy would have had to satisfy the courts that he undertook all liability from exercising the injunctions. There was no question the car was unsafe, merely non compliant with FIA's position concerning 2005 eligibility.

Given this law is based on the english system I wonder if british championship events will also be included????

It is just another example of FIA thinking they are bigger than god.

[nkh]

Originally Posted by Ross Cadell

You may find that most judicial democracies, even in your own country anyone can apply for injunctive relief in any situation where
....

(I agree with the rest, but)

You may find that smilies are used to indicate irony, jokes, smiling.

Also, FIA and only FIA desides where they want to host races, no country desides that.

That said, this is of course just FIA reacting to all Stoddarts draging them around, Australia will still host F1 races in the future. Everything will work out.

[Crash Test]

Ciggie advertising is only allowed at interenational events such as Melbourne F1, Indy and Rally Australia. That is it.

[Amaroo Park]

No sport even F1 is above the laws of the land in which they race. If you think the Supreme Court made there desicion based on the nationality of the owner of the team then your are nothing but plain wrong.

[nkh]

Originally Posted by colinbond

No sport even F1 is above the laws of the land in which they race. If you think the Supreme Court made there desicion based on the nationality of the owner of the team then your are nothing but plain wrong.

I never said that, I just said that if the law in the country makes it impossible to control the sport then the FIA has all right to take their business elsewhere.

wow you're touchy

[Rossi # 46]

Originally Posted by nkh

I never said that, I just said that if the law in the country makes it impossible to control the sport then the FIA has all right to take their business elsewhere.

wow you're touchy

I totally agree. And it wouldnt be the first time Bernie and his men have done so.

[vatuloa]

Australia has a westminister legal system are the FIA going to stop races in countrys that also have the same legal system because the decision last night can be used as a precedent.

[ensign14]

Originally Posted by vatuloa

Australia has a westminister legal system are the FIA going to stop races in countrys that also have the same legal system because the decision last night can be used as a precedent.

Or indeed every other country where the Courts would step in if the running of the event is contrary to national laws. This is just FIA bluster to try to turn local sympathy away from Stoddart.

Even the FIA has to abide by procedural fairness. What would you say if a team was slung out for being illegal - yet their cars were perfectly legal? Would anyone say the Courts should not step in in those circumstances?

Originally Posted by deeks6

The FIA is perfectly correct in saying that it's rules rule...IMO there is NO place for idiot judges and scumbag leech laywers in sport - you have a choice in sport...participate under the rules set out or not. That's about as BLOODY SIMPLE as you can get - if you don't like the rules P!ss off and play something else!!!

It's not quite as simple as that...you have things like restraint of trade, natural justice, discrimination, fairness, interference with contracts, negligence, tax issues &c &c. Maybe that's because you need to be an idiot judge or scumbag leech lawyer to understand such things.

Just to take it to extremes. If the FIA said that you were allowed to bazooka into bits anyone who was ahead of you, would that overrule national law? No? Well, if that's the case, where do you draw the line? Banning a sponsor? Forcing someone to change suppliers? Refusing to hear an appeal? Wrongly overruling the legality of a car?

[Rossi # 46]

What really makes me angry is the fact that Paul has made a huge deal out of this only to then spend the night working on the car to enable it to conform to the new rules.

Why leave it so late? Why didnt he just have these cars ready months ago. To much complaining when he should have just focused his attention on the job.