Associations and Sport Law Disputes:

Associations and Sport law is an area of litigation which is steadily growing in Australia. As the country has a strong sporting tradition, and as the sporting industry is a highly lucrative business, legal problems may arise which require studies legal advice and representation. The law relating to sporting associations, the work they do and the matters they deal can sometimes be seen by a layperson as a complex web of different legal principles and concepts. This is because this is an area of legal practice which overlaps with other areas of legal activity.

Perhaps for this reason alone, any sporting law legal advice or legal advice concerning disputes with sporting associations should be obtained from a civil litigation solicitor who has had experience in both commercial litigation and even criminal litigation. A civil litigation lawyer with this kind of background will be able to consider the facts of the case and apply the relevant laws before providing a detailed legal opinion about the options and alternatives available to the litigant.

Some common legal issues that arise in the sporting and associations law areas include the following:

• A student at university or school is excluded from a sporting club.
• A sportsman is barred from membership to a sporting association.
• A team member has been suspended from playing a game or season.
• The sportsman has been accused of breaching a sporting club’s or sporting associations rules of conduct.
• An allegation of inappropriate behaviour has been made against the sportsman.
• Criminal charges have been laid against a sportsman for conduct on the field.
• Criminal charges have been laid against a sportsman for conduct off the field.
• Internal disciplinary proceedings have been commenced against the sportsman, or are on foot.
• Questions of procedural fairness in the conduct of the sporting association’s affairs have arisen.

These are just some examples of the issues that can be subject of a dispute, and which may be litigated either in Court or a specialist tribunal. The areas of law which overlap may take the following forms:

• In the context of a high contact sport, an allegation of assault has been made against one player. Criminal charges may even have been laid or possibly be instituted. The law relating to assault (criminal), battery (civil tort), as well the rules, regulations of the sporting code and association may all need to be investigated.
• Proceedings for the disqualification, suspension, expulsion of a member, or the refusal to grant him membership in a sporting association. These legal disputes may revolve around legal concepts of administrative law, procedural fairness, natural law and the like, as well as the interpretation of the association’s by-laws, constitution, articles of association, as well as its policies and practice procedures.
• The interpretation of a contract under which a sportsman may have been recruited will need to be considered in light of the general principles of contract interpretation, however this may need to be tempered to read in light of the traditions and unique character of the industry in which the contract was signed.

Some matters can be very complicated indeed, and it is advisable to retain a solicitor or lawyer who deals with associations and sport law, who can also claim to have a broad litigation experience in civil, commercial and even criminal matters. A holistic approach to legal advice can only be obtained from a legal team which has a synergistic attitude to multiple practice area litigation.

If you require assistance with your associations litigation or sports law dispute, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.