JFA Pty Ltd appeal against TEGA findings.

JFA Pty Ltd, owned and operated by PWR Racing Pty Ltd, has lodged an appeal in the Supreme Court of Queensland against the decision made by the Touring Car Entrants Group Australia Pty Ltd (TEGA) Tribunal to uphold TEGA's levying of a $300,000 penalty against the company.

The TEGA Tribunal recently upheld the decision by TEGA to issue the penalty, which came as a result of JFA Pty Ltd not competing with two cars in the seventh round of the 2003 V8 Supercar Championship Series at Queensland Raceway at Ipswich.

Browne & Co, solicitors for JFA Pty Ltd, claim that the TEGA Tribunal was at fault in deciding that:-

o Clause 7.6(d) of the Teams' Licence Agreement is valid and enforceable and does not purport to impose a penalty;
o JFA Pty Ltd's non-participation in the seventh round of the 2003 V8 Supercar Championship Series was not due to events beyond its control; and
o JFA Pty Ltd must pay $300,000 fine to TEGA.

In a separate action, which also started in the Supreme Court of Queensland against both TEGA and the Australian Vee Eight Supercar Company Pty Ltd (AVESCO), JFA Pty Ltd seeks declarations from the Court, among others, that:

o Clause 7.6(d) of the Teams' Licence Agreement purports to impose a penalty and is invalid; and
o JFA Pty Ltd's non-participation in the seventh round of the 2003 V8 Supercar Championship Series was due to events beyond its control.

PWR Racing owner Kees Weel said JFA Pty Ltd regretted it had to take this matter to Court and had done so on behalf of all V8 Supercar teams to ensure fair treatment in the future.

"TEGA has left no alternative for teams aggrieved by its decisions," he said. "JFA Pty Ltd has not been dealt with fairly by TEGA and the extenuating circumstances relating to timing of the transfer of the Teams' Licence Agreement needed to be taken into consideration. That would suggest there needs to be a review of the Teams' Licence Agreement and Operations Manual.

"This is necessary to enable the sport to move forward and to ensure that all teams can be confident of being treated fairly."

Jeffrey Browne, of Browne & Co, Solicitors & Consultants believes that the procedures need to be changed to ensure that everybody is treated fairly.

"The procedures for testing the decisions of the administration of V8 Supercars are sadly lacking," he said, "and if the V8 Supercar Championship Series is to become a truly national popular sport it needs to rapidly improve its administrative procedures.

"It is disappointing that JFA Pty Ltd is obliged to resort to obtaining relief from the Court but sadly under the present system and in light of the current Teams' Licence Agreement, these actions from teams who are treated unfairly are likely to become common place."