In this week’s edition of in search of West Indies Cricket, Roger Seymour takes a look at World Series Cricket. In the first of two parts, he traces the developments of 1977.
“Progress is impossible without change, and those who cannot change their minds cannot change anything …” George Bernard Shaw
In May 1977, Sussex Captain Tony Greig hosted a party, during the rain-affected match between the Australians and Sussex at Hove, and there, a secret slipped out to an Australian
journalist and the quiet conservative world of cricket with the worst paid professional sportsmen was no more.
“Test Pirates, Aussie TV tycoon’s bid could shatter world of cricket,” screamed the headlines of the Mirror Sport Page, on Monday, May 9, 1977. Kerry Packer, an Australian media magnate was starting his own cricket series and had signed 30-odd of the best players in the world.
Let’s backtrack a few years. In 1973, the Australian government imposed a quota system on imported television programmes, to boost the 1970 campaign “TV: Make it Australian.”
Following the death of his father, Sir Frank in 1974, Kerry gained control of Channel Nine, a television network owned by the family’s media company Consolidated Press Holdings (CPH).
The 37-year-old was faced with faltering TV ratings and decided to focus aggressively on sports programing, following the introduction of colour transmissions in1975 which enhanced live coverage of events. First, he acquired the rights to the Australian Golf Open tournament, pouring millions into the Australian Golf Club of his home city, Sydney, whilst creating a permanent venue for the Open. The services of the world’s best player, Jack Nicklaus were sought for both course design and participation in the tournament.
Next, he cast his eye on one of his favourite sports, cricket. The Australians were at the top of the heap. They had trashed England 4-1, and the West Indies 5-1. Led by Ian Chappell, this flamboyant bunch of long-haired, thick-sideburn and moustachioed ‘mates’ included the dynamic fast bowling duo of Dennis Lillee and Jeff Thompson as well as Greg Chappell and Rod Marsh.
This aggressive and ruthless group was the anti-thesis of the staid conservatives that ruled the world of cricket. They were the perfect fit for Channel Nine’s polo-playing boss.
In 1976, Packer made a bid of A$1.5 million, for three years (eight times the previous contract), to broadcast Australia’s home Test matches. The Australian Cricket Board (ACB) awarded the contract to the Australian Broadcasting Corporation (ABC), which had been covering cricket for 20 years, when the commercial networks were not interested in doing so. The “old-boy network,” according to Kerry, gave ABC a three-year contract, beginning with the 1976-77 season, for the price of $210,000.
Following this rejection, he switched his attention to the 1977 Australian Tour of England.
The ACB attempted to foil his bid by recommending the ABC ‘s bid to the Test and County Cricket Board (TCCB) despite it being only 14% of Packer’s offer. He eventually won the contract by doubling his first bid whilst increasing his mistrust of cricket administrators.
West Australian businessmen John Cornell and Austin Robertson approached Packer with a view to hosting some televised exhibition matches. With his interest now piqued, he conceived a full series between the best Australians and the best of the rest of the world.
In early 1977, he began signing up Australian players for the proposed series, based upon the recommendations of just retired captain Ian Chappell. Greig, the 6’ 7”, South Africa-born England captain was the first major coup, and also agreed to act as a recruiting agent.
He flew to the Caribbean during the 1977 Pakistan Tour, under the guise of signing Javed Miandad for Sussex, to propose the series to Clive Lloyd, Viv Richards, Michael Holding and Andy Roberts. These four players were originally sought for the WSC World XI. The charismatic Greig managed to snare the entire WI team! The opportunity to earn a substantial income, at last, was not to be missed.
World Series Cricket, with no administration in place, no venues at which to play, was still really just a covert concept on paper.
All hell broke loose. “The Packer circus,” the English press quickly dubbed the idea. Greig was dropped as England’s captain (whilst retaining his place in the side) and shunned by the cricket establishment for his leading role in organising the ‘outlaws’. It was revealed that 13 of the 17 Australians on the English tour were signed and calls were made to ban all Packer recruits from Test and first-class cricket.
Packer, the TV magnate, now took the bull by the horns. He flew to London in late May and appeared on the renowned David Frost show, (The Frost Programme), debating his vision with the former England great Jim Laker and aggressive columnist Robin Marlar of The Times. The relatively unknown ‘Man in the Stocking Mask’ as one newspaper referred to him, was now confident and articulate whilst defending his approach to the scheme.
On June 23, Packer, his latest signing, former Australian cricketer Richie Benaud (coup number two) now media consultant and two assistants met with the International Cricket Council (ICC) to negotiate a compromise. The talks broke down within two hours, with an enraged Packer issuing a declaration of war: “Had I got those TV rights (exclusive Australian television rights after the 1978-79 season) I was prepared to withdraw from the scene and leave the running of cricket to the board. I will take no steps now to help anyone. It’s every man for himself and the devil take the hindmost.”
Soon after the ICC declared that WSC matches would not be recognised as first class and the players involved would be banned from Test matches and first-class cricket.
Whilst the signed players were having second thoughts, Jeff Thomson and Alvin Kallicharran’s contracts were cancelled after they were found to have binding contracts with the Queensland state side.
Meanwhile, an out-of-form and split Australian side were conceding the Ashes 3-0 to England.
Three players—Greig, Mike Procter (a South African all-rounder playing for Gloucestershire) and John Snow (Sussex and England fast bowler)—and World Series Cricket Pty Ltd, sought injunctions on the ICC and the TCCB to prevent them from banning World Series players from Test and other first-class cricket. Packer retained the top ten legal counsel in the UK under the condition that they undertook no further work during the course of the trial.
In mid-September, the carefully guarded contract between WSC and its players finally found its way into print.
With the entire cricketing world on hold, the High Court hearing began on September 26, before Justice Christopher Slade.
It took 31 days for all the evidence to be presented. On October 10, the ACB Treasurer Ray Steele whilst giving testimony, said he understood from one of the World Series executives that “the only way a player could get out of the contract was to get pregnant.”
On November 21, Sir Garfield Sobers, signed to assist in promotions, arrived in Melbourne.
He stated that if he were 20 years younger he “would have joined the Packer circus without hesitation.”
At a press conference on the same day, Packer announced that he was considering taking the series to England and they had received approaches from American promoters to play in the USA.
On November 25, Justice Slade took five and a half hours to read out his judgement, which covered 211 foolscap pages. He ruled that to ban cricketers from playing Test or county cricket because they had signed with Packer, would be an unreasonable restraint of trade and an inducement to the players, to break their contracts. He held that the proposed ban was void and costs, estimated at £250,000 were awarded to World Series Cricket Pty Ltd and the three players.
Justice Slade had considered nine principal questions and found for the plaintiffs in each:
- Are the contracts between WSC and its players void?
- Has WSC established that, as at 3 August, and subject to any statutory immunity conferred by the 1974 Act, it was a good cause of action in tort against the ICC based on inducement of breach of contract?
- Has WSC established that as at 3 August and subject as aforesaid, it had a good cause of action in tort against the TCCB based on the same grounds?
- Subject to the provisions of the 1974 Act, are the new ICC rules void as being in restraint of trade?
- Subject to the aforesaid, are the proposed new TCCB rules void as being in restraint of trade?
- Is the ICC an employers’ association within the 1974 Act?
- Is the TCCB an employers’ association?
- If either the ICC or TCCB or both be employers’ associations, does this itself bar any cause of action that would otherwise exist?
- In the light of the answers, what relief (if any) should be given to (a) the individual plaintiffs and (b) WSC?
“A professional cricketer needs to make his living as much as any other professional man,” he stated. Whilst he understood that the authorities were “dedicated lovers of the game,” acting in good faith, that was irrelevant when considering the legal issues.
The establishment had been dealt a major blow. Round One to WSC.
WSC was not allowed to use the terms “Test Match,” “Australia” (for their Australian team) or use the Official Rules of Cricket, copyright property of the Marylebone Cricket Club (MCC), which is based at Lord’s Cricket Ground, London. Hence the terms, “Supertest” and “WSC Australia XI” were adopted, whilst Benaud ‘s expertise created the rules and playing conditions. The modified rules included eight-ball overs and specific field placements in one day matches: nine of the fielding side (bowler and wicketkeeper) must be within 28 metres of the bat for the first ten overs of an innings and six during the remainder (modern-day circle).
These were minor hiccups as compared to being barred from the traditional cricket venues.
Alternatives had to be found. Packer leased two Australian rules football stadiums: VFL Park in Melbourne, Victoria, and Football Park, Adelaide, South Australia. Next to Western Australia’s famous WACA in Perth, he rented Gloucester Park, a harness racing course. In Sydney, the Sydney Showground, home to harness racing and dirt track speedway racing (motor bikes), near the Sydney Cricket Ground, was the fourth major venue; lots of seating, but no pitches to play on.
John Maley, the brilliant curator of the Gabba in Brisbane, Queensland, was coup number three, and given the impossible task of creating pitches in the shortest time imaginable. He designed the ‘drop-in pitch,’ which was grown in a 25-ton concrete bed in a greenhouse outside the venue and lifted into the playing area with cranes. The first of many innovations to the game under the WSC banner, had saved the season.
On December 2, in London, the TCCB set up a special account for donations from the public to assist with paying the High Court costs.
The latest annual accounts of Television The latest annual accounts of Television Corporation Ltd show guaranteed payments at balance date, to cricketers under contract to WSC amounting to A$2,916,500.
First Test – Australia vs India at the Gabba, Brisbane, Queensland, December, 2 – 6, 1977
Australia won by 6 runs as India chased 341 for victory. Attendance: 32,000
First Supertest – December 2 – 4, 1977 (scheduled for five days)
WSC Australia vs WSC West Indies
Played at VFL Park, 15 miles from the centre of Melbourne
The Kerry Packer contract
“I told every player, ‘This is a tough contract and you’ll do as you’re damn well told.’” -Kerry Packer
Agreement made this__ day of _____ 1977, between JP Sport, Pty Limited, a company incorporated in the State of New South Wales and having its registered office at 8 Kippax Street, Surrey Hills near Sydney, in the said state (hereinafter referred to as ‘the promoter’) of the one part and __________ (hereinafter referred to as ‘the player’) of the other part whereas:
- The promoter is engaged in the business of promoting organising and conducting professional sporting events and plans to promote, organise and conduct a number of series of professional cricket matches in Australia and elsewhere in the seasons as hereinafter defined.
- Each series will comprise up to 65 play days devoted to six matches described as ‘Test Matches’ (and each being of up to five days’ duration) six limited over matches (each being of two days’ duration) and as yet an undecided number of other matches all of which matches in the series shall together constitute a tour.
- The player has offered to play in matches of the tours hereinafter specified and as the promoter hereinafter may from time to time require and generally to participate as a playing member in each of those tours.
Whereby it is agreed and declared that the promoter engages the player to provide his services and the player agrees to provide his services to the promoter for the purposes for the term and on and subject to the terms and conditions herein set forth, that is to say:
- Where herein appearing the expression; ‘season’ shall mean the period commencing on 1 September of a year and ending on 30 March in the next calendar year and each season shall be identified by the year in which the month of September falls, ‘tour’ shall mean and include the duration of that part or parts of a season as shall be specified by the promoter from time to time and the matches to be played in that period, ‘venue’ shall mean the cricket ground selected by the promoter for the playing of a match of a tour.
- The term of this agreement shall be for ______ calendar months commencing on the 1st day of September 1977 (hereinafter referred as ‘the said term’).
- The player undertakes and agrees that during the said term:
(a) He will in each tour in the 1977-1978 and 1979 seasons;
(1) on the direction of the promoter unless prevented by illness or accident or for any other reason satisfactory to the promoter play in the matches of a tour for which he is chosen by the promoter and will at all times play to the best of his ability and skill provided however that the player shall not be required to play for more than 65 days in aggregate of any tour. (Apart from the two days referred to in clause 4(b) hereof) but subject always to the provisions of clause 5 hereof.
(2) punctually attend at such times and places as the promoter may direct for the purpose of playing the aforesaid matches or the practise or otherwise as the promoter may require.
(3) be at the venue at all times dressed in cricket uniform ready to commence play at least 15 minutes before the time for the commencement of play each day and thereafter throughout each such day.
(4) at all times so conduct himself as to enhance the business and reputation of the promoter in promoting professional cricket in Australia and elsewhere and not do or omit to do anything whereby the good name and reputation of the promoter or of any of its employees or of himself or of any other player taking part in a tour will or may be likely to be brought into disrepute or ridicule.
(5) at all times in a tour obey the directions and confirm in all aspects to the arrangements for the conduct of a tour made by the promoter.
(6) keep himself physically fit at all times and not commit any act or be guilty of any act or conduct calculated to render him unfit to play in or incapable of playing in any match of a tour.
(7) during the whole of each tour stay and reside at such places as the promoter shall from time to time select and will not without the consent of the promoter stay or reside elsewhere.
(8) at all times comply with and will not breach such regulations as may for the time being be in force at any venue.
(9) travel between venues and otherwise whilst on tour as a member of a team and otherwise as directed by the promoter.
(10) participate by personal appearance in team group photographs and television programmes and/or advertisements (live and pre-recorded) for tour news and promotional and publicity purposes.
(11) take part in cricket coaching clinics for five days as the promoter may from time to time direct by giving the benefit of his skill and knowledge as a cricketer to members of the public attending such clinics.
(b) he will not: (1) play in any cricket match other than a match of a tour without the consent in writing of the promoter first had and obtained; (2) appear on radio or TV nor grant interviews for nor write or submit articles for publication in any newspaper or magazine or periodical except in each case as first authorised in writing by the promoter; (3) give endorsements for goods of any nature nor allow his name or photograph to be used for promotional or advertising purposes except as first authorised in writing by the promoter.
- The promoter undertakes and agrees that during each tour it will:
(a) pay to the player a reasonable allowance per each day of the tour to cover his cost of accommodation and meals and will pay an economy class air travel between venues and transportation between accommodation and venue but excluding freight or charges on luggage in excess of that determined by the promoter and the player undertakes to pay any such excess.
(b) organise and conduct a two-day, limited-over match in Australia and pay the whole of the cash receipts from that game (after deduction of all reasonable and actual expenses) to a players provident fund to be established by a committee to be constituted by a nominee of the promoter and two nominees to be appointed by the majority of those players in the 1977 season tour and being generally for the benefit of those players and of players in future tours and being more particularly for the purposes and to the extent and on and subject to such rules as regard membership of the fund entitlements thereunder and the nature of the benefits to be provided by that fund as that committee as then or thereafter constituted shall from time to time decide but so that the moneys paid to that fund shall not be or be deemed to be assets of the promoter.
- The player acknowledges that he is aware that the promoter plans to promote organise and conduct from time to time series of matches outside Australia and he undertakes and agrees at the direction of the promoter to participate as a player in all or any of these series as shall be conducted during the said term subject to the promoter:
(a) providing economy class air travel from and on return to his normal place of residence and
(b) the other provisions of this agreement where applicable being applied to that tour.
- The promoter will pay to the player as the full and only moneys payable to him under or pursuant to this agreement:
(a) for his participation in each tour in Australia a total fee of ______ being at the day rate of ______ for each of the aforesaid 65 play days. The said fee shall be payable as to _____ on the day of the signing of this agreement, as to a further _____ immediately following the completion of the third Test match or on the _____ day of _____ in that season (whichever shall be earlier) and as to _____ on completion of the tour.
(b) for each tour outside Australia a total fee in the same amount and payable in the same way as set out in paragraph (a) above provided however that if the number of play days in that tour differs from 65 then the said total fee shall be reduced or increased by deducting therefrom or added thereto an amount to be calculated at the rate of 2 per cent of the said total fee for each day of difference as the case may be. The player will also receive a 15 per cent share of gate receipts after deducting all actual costs from matches in which they have appeared to be divided equally between players involved in those matches.
- The player except with the approval of the promoter shall not in any manner whatsoever give any information concerning matters connected with a tour or his connection with the promoter under this agreement or concerning this agreement to the press or any member or representative thereof or to any broadcaster or any broadcasting or television station operator or any representative thereof.
- For each tour:
(a) the promoter shall appoint a tour principal and a tour manager.
(b) the tour manager shall have control of the players on tour and all necessary arrangements respecting accommodation travelling and medical attention shall be made by him.
(c) the tour manager shall be empowered to appoint team captains and select players to take part in matches.
(d) the tour manager shall be authorised in the name of the promoter to give or make such directions authorisations decisions and consents and to express such requirements as the promoter by this agreement is empowered to give or make and any direction decision or requirement so made by the tour manager shall for the purposes of this agreement be a direction decision or requirement of the promoter and be binding on the player.
(e) notwithstanding anything herein before contained the tour principal shall be authorised and empowered to give or make any direction, authorization, decision or consent and to express such requirements as the promoter by this agreement is empowered to give or make and any direction, decision or requirement so made by the tour principal shall for the purposes of this agreement be a direction, decision or requirement of the promoter and be binding on the player and to the extent that any direction, authorisation, decision, consent or requirement may be given by the tour principal shall conflict with any direction, authorisation, decision or consent made or given by the tour manager then the direction, authorisation, decision, consent or requirement as the case may be made or given by the tour principal shall prevail over that made or given by the tour manager.
- In the event that during a tour the player shall fail for any reason beyond his control to observe or fulfil any of his obligations hereunder including (but without limiting the generality) any failure to obey the directions decisions or requirements of the promoter or any misconduct which in the decision of the promoter is contrary to the well-being of the tour then the promoter shall be at liberty forthwith and without notice and in its absolute discretion to terminate this agreement with the player and thereupon the player shall not have any claim to any compensation or other payment or to receive from the promoter any of the moneys referred to in clause 6 of this agreement except to the extent that any moneys paid or payable to him under that clause shall be less than the amount to be calculated by multiplying the day rate referred to in clause 6 by the number of play days which have expired at the date of such termination or as an alternative to termination the promoter shall be entitled to withhold either permanently and for such time as it may decide so much of any moneys payable or to become payable by the promoter to the player hereunder as the promoter shall from time to time decide as a penalty and any moneys so withheld may be retained by the promoter and be dealt with by it on the completion of that tour in such manner as it may decide and the player agrees that any decision by the promoter to terminate this agreement as aforesaid or to impose a penalty as aforesaid or as to the justification for termination or the nature or the amount of the penalty shall be binding on the player and shall be finally subject however to the right of the player within seven days after the date of the decision of the promoter to appeal to the tour principal by written notice setting out the grounds of such appeal and the decision of the tour principal on such appeal shall be final and binding in all aspects as the player doth hereby agree and the player further agrees that any termination or imposition of penalty aforesaid shall not be in derogation of any other legal rights or remedies available to the promoter.
- This agreement and the benefit thereof shall be assignable by the promoter.
- This agreement shall be governed and shall be construed in accordance with the laws of the State of New South Wales and shall be subject to the jurisdiction of the courts of that State.
In witness whereof the parties hereto have set their hands the day ___ and year_____ first herein before written.
