Although I totally agree with you LGIL in the way the by laws are written that the finals games are included in the points system, unfortunately for Echunga the interpretation of the by laws deems that the season ends at Rd 18. So unless Echunga are willing to take it to court (where they would probably win as the by laws are poorly written in a legal sense, but how much will that cost them in legal fees) I think they are shit outta luck and are the team in the gun to go down.
If Echunga does take this to court to challenge the by laws I think shit might hit the fan for the HFL as it could bring into question many of the other rules stated in the by laws.
When interpreting a by-law that is open to interpretation, two major things will be considered.
The first test is what everyone’s understanding/interpretation of the by-law was at the start of the season. In the case of by-law 18.2.3, I think you’ll find that all 20 HFL club Presidents will confirm that they understood that the relegation points system was to the end of the minor round. In fact, Echunga themselves can’t argue against this based on their own actions (playing expensive recruits in B grade in an attempt to win extra points) and in words (Kym Pocock in the Sunday Mail article refers to the by-law being for the minor round only).
The second test is how the by-law has been interpreted in the past. That is, is there a precedent as to how the by-law has been mplemented previously? Again, the HFL will confirm that in calculating the relegation points table in previous years, it has been done using minor round games only, even when clubs had teams competing in finals.
Go ahead, spend big on lawyers to challenge it, but it will be a costly exercise that will ultimately amount to nothing.
As I said in a previous post, Echunga’s only option is to convince 11 of the 20 clubs to vote for a by-law change for season 2015 allowing an 11 team central division.