I know I've said it before, but...
If it’s going to be too difficult legally for the ARU to remove a team, then why not allow Australia to go it alone for the remaining 3 years of the broadcast deal.
With the remaining 11 Super Rugby teams, the NZRU could get a straight round robin with the top 6 moving through to the finals regardless of where they are from.
Travel would be fairer for the SA teams as they wouldn’t have to travel to Australia. They would essentially be on level playing field with the NZ teams.
Fiji could join Australia’s 5 teams and get a professional team set-up. And once they’re up to it, a further pathway is found for them.
Australia could have their 5 teams + Fiji* play home and away with a final = 11 weeks.
They could then have a State of Origin involving a proper NSW, Queensland, and a ‘Best of the Rest’ representative team = 3 weeks
The ARU could then offer the winner of State of Origin to play the winner of Super Rugby if they want. If not, no worries.
But surely going it alone in this way would bring in more revenue for Australia and create more interest in rugby than currently.
Any reduction in revenue for Australia under this set-up is countered by a significant decrease in travel costs, perfectly scheduled time-slots for Australian audiences, pure local content*, the benefits that come with winning staying within Australia, our own final, and a terrific new State of Origin concept.
After the remaining 3 years, if it’s not working for either party, then we can come back together again if people want.
*Fiji could play from home if they are ready. If not, they could be based in Western Sydney until they are. Australia is home to the largest Fijian population in the world outside of Fiji, and a large percentage of them live in Western Sydney. This may even partially solve the ‘Western Sydney’ problem!