GatesOfHell
Club Legend
- Oct 19, 2019
- 1,471
- 1,736
- AFL Club
- Melbourne
- Banned
- #4,701
If Cochrane and the Suns weren't being spoon-fed by the AFL atm then the prospect of the Suns taking Martin in the PSD would make likely a mouth-watering legal challenge to the AFL trade system. From a constitutional perspective (i.e. corporations powers and reasonable restraint of trade clauses - TPA) it would be so interesting to see a challenge to the AFL draft system take place (there hasn't been a challenge since introduction in 1986) and would give the HCA new ground to explore how restraint of trade clauses, when faced with this limited form of 'restricted' free-agency, can reasonably be restraining of a player's right to contract.
I also would not be surprised if Martin did bring that challenge if the Suns decided to force him to remain at the GC despite him being a RFA who has committed 7 years of service to the club and has seen out his contractual obligations. It's also really clear that the AFL is concerned about challenges to its player movement system (particularly as it pursues the holy grail of an equitable competition) and this is arguably why FA was introduced in the first place.
The only problem is that the Suns and Cochrane are so reliant on the AFL at present that Gil would immediately and easily intervene in any plans Cochrane might be hatching to pick Martin up in the PSD. If the situation involved Collingwood (instead of the Suns) and Eddie Mcguire (instead of Cochrane) then we could be looking at a real stand-off with the upshot being a potential legal challenge. IMO it won't happen and Cochrane's threat to pick Martin in the PSD is an empty one given the support they're currently relying upon from the AFL and Gil but it would be juicy.
There are no grounds for a legal challenge. Period.
Gillon will be supporting any GC Suns decision that enhances their capacity to retain players into the future. Mark Evans has been installed by City Hall to oversee this harder line policy in concert with Cochrane.
Carlton’s interests in the matter carry no weight.