Sale were docked a point by the Rugby Football Union because of an administrative error in failing to re-register Dave Ward after a loan spell with Manchester. Ward went on as a substitute during Sale's 38-20 Guinness Premiership defeat against Harlequins at the Twickenham Stoop last month.

"Harlequins had won the match by the time Ward was introduced into the game," Kennedy said, "and this is the first time a penalty like this has been issued when a club took nothing from a game. Our appeal will be on behalf of the team, the club and the supporters, who may well, if we don't appeal, miss out on a trip to Twickenham for the (Premiership) final."

Sharks go into tomorrow's final round of regular season action five points adrift of the play-off zone. As things currently stand, they will require a bonus-point victory over Edgeley Park visitors Northampton to have any chance of making the top-four, while also hoping other results work in their favour.

"Obviously I had been assessing my future for quite some time, which indicates how much I've enjoyed it here in Perth for the past three years," said the 25-year-old winger or fullback who has been capped 29 times by his country. "My decision was based very much on my personal circumstances and where I wanted to be. It wasn't a financial decision."

Mitchell becomes the second high-profile Wallaby to defect from the Force this season following Matt Giteau's decision to return to the Brumbies.

The 30-year-old limped off at half-time during Bath's 15-14 win Guinness Premiership victory over Newcastle Falcons on Sunday and after surgery in the next fortnight is unlikely to be back in action until 2010.

James played for the Natal Sharks in his native South Africa before signing for Bath in 2007 but his career with the Durban-based Super 14 side and the Springboks was hampered by injury including another ACL injury in 2004 that sidelined him for six months.

Marshall signed from Montpellier in January on a short-term contract following an injury to Neil de Kock but after a string of good performances incoming Director of Rugby Brendan Venter has moved quickly to secure his services.

"Justin is a fantastic competitor and a real winner so we're delighted that he will continue to be part of the squad next season. Since joining the club in January, he's had a very positive impact on the squad and his knowledge and experience have been, and will continue to be a real asset."

The newspaper cites an independent report compiled by LEK Consulting shows the Force are on track to lose A$2.8 million this year on the back of the failed sponsorship from to the Firepower scandal and a fall off in attendances.

The Force will play at Members Equity Stadium next year although that stadium is still awaiting A$73m re-vamp promised by the regional government in 2004. ARU chief John O'Neill has urged the WA Government to honour the deal.

"I'd be greatly comforted if the WA Government would deliver that outcome for the Force," Australian Rugby Union boss John O'Neill told the newspaper. "It was the correct decision to give Perth a team, and they have shown the potential of rugby in WA. Any suggestion we would willingly move the team from Perth to Melbourne is ludicrous. However, we've got to get the Force back in the black as soon as possible. The ARU is not a lender of last resort."

"The last year has been amazing and I'm really happy to sign on for the next two years," commented the talented 25-year-old who made his Wallabies debut last year. "Under Robbie [Deans] with the Wallabies we achieved some really good results last year, and I know there's a lot of improvement left in the squad with the long-term goal of success in 2011.

The announcement follows the signatures of captain Phil Waugh and 19-year-old centre Rob Horne who have also committed to the Waratahs for 2010 and 2011.

Representatives of Border, Eastern Province, SARU, provincial government and commercial agents agreed on a pathway to prepare the franchise for inclusion in Super Rugby.

It was agreed that a coach would be appointed in July and player recruitment would begin in 2010 with a possible inclusion in that year's Currie Cup.

"We have sketched out a road map to get the Franchise up and running and competitive on the rugby field," said Mark Alexander, deputy president of the South African Rugby Union. "We have the unanimous support of all the concerned provinces and of provincial government and the committee's task is to deliver on our objectives."

Director of Rugby Kingsley Jones said, "We needed a solid replacement with Sebastien Bruno leaving the club. Mahonri is a similar age to when Bruno joined us and I am sure that he will prove to be an excellent addition to the squad."

The Top 5 represents the elite of Asian rugby with the region's top rugby nations taking part in an intensive series of four matches played over five consecutive weekends from April 25 through May 24, 2009.