Sports Law: Legal Issues and Commercial Considerations
Face to face
Substantive Law: 4
Date: Thursday 22 March 2018
Time: 9.00am to 1.15pm
Venue: RACV City Club, 501 Bourke St, Melbourne
Attend and earn 4 CPD units in Substantive Law
The world of sport is as complex as ever. Athletes, organisations and lawyers working in the area must weave their way through a tangled web of legal considerations, commercial arrangements and regulatory issues. All of these aspects of sport are connected and each influences the other, making it essential that practitioners are across all of them in order to thrive in the industry. Join some of the leaders in the field to examine the critical areas of sports law that warrant your attention.
Chair: David Galbally AM QC, Partner, Madgwicks Lawyers
Sports Arbitration and the Court of Arbitration for Sport
Established in 1984, the Court of Arbitration for Sport ('CAS') (not a court, but an arbitral institution seated in Lausanne, Switzerland) is the principal tribunal before which sporting disputes are heard and determined for all Olympic sports and all doping matters arising under the World Anti-Doping Code. It has grown phenomenally over the past 30+ years to the point where it now handles over 600 cases a year, many of which are Australian in origin.
This session will examine the key procedural rules and important aspects of international private law and regulation which are frequently encountered in the course of conducting sports arbitration in the CAS.
Presented by Paul Hayes SC, Barrister, Owen Dixon Chambers West
Career Ending Injuries and the Professional Athlete
The workplace for the professional athlete is more hazardous than most. Workplace injuries are to be expected. However, as we know, legislation treats these types of employees differently. Generally, the ordinary workplace injury compensation schemes do not apply to those who ply their trade on the sporting field, pitch or court.
- How do athletes protect their main employment asset to ensure that injuries don't leave them broke?
- What rights do athletes have when injury means they are no longer fulfill their employment contract?
- What are the types of issues that arise between the athlete and their former employers when injury ends their career?
These issues will be explored with reference to established practices and recent cases where the fallout from a career ending injury resulted in litigation.
Presented by Ben Ihle, Barrister, Victorian Bar
Governance and Integrity of Sporting Organisations
Dealing with complaints, disputes and controversy within their sport forms part of the core business of many sports governance bodies. Many have established procedures under their constitutions and by-laws for the handing of such matters, including by independent investigators and tribunals. However, because such persons and bodies are appointed under contractual rules and not pursuant to statute, the process will inevitably vary from organisation to organisation. Some rules and actions are more conducive to maintaining integrity (including the appearance of integrity) in governance than others. This seminar addresses the issues that surround:
- The role of independent investigators
- The importance of an independent tribunal
- Where the defendant is a director: dos & don'ts
- Appeals from tribunal decisions - appropriate avenues
- Dealing with decisions of independent investigators and tribunals
- Drafting good rules in order to institutionalise integrity
Presented by Elle Nikou Madalin, Barrister, Victorian Bar
Drug Testing in Australian Sport
- 'Whereabouts' information: registered athletes providing details of where they will be every day for 3 months in advance and the recent high profile cases of Jarrod Poort, Madeline Groves and Thomas Fraser-Holmes
- Consulting the wrong doctor: bad medical advice and wrongly prescribed banned substances
- How to defend a case: integrity of the testing process not guaranteed, especially in particular 3rd world or lower socio-economic countries
- Responding to allegations and ASADA interviews: To help or not to help in the investigation?
- Non-analytical positives (where your sample does not test positive): Essendon FC supplements case
- Substances that are subject to reduced sanctions generally (No Fault or No Significant Fault or Negligence): certain stimulants, energy and pre-workout drinks, etc.
Presented by Paul Horvath, Principal, Sports Lawyer
David Galbally QC
One of Melbourne's most respected legal authorities, David Galbally joined Madgwicks as a partner in January 2010. Appointed one of Her Majesty's Counsel in 1996, David has worked on some of Australia's most high profile and complex corporate and criminal cases. Possessing renowned expertise in commercial litigation and dispute resolution, David is regularly called upon to provide comment and expert opinion across a broad range of topics including corporate governance, human rights, privacy and superannuation regulation. David is involved in sporting, company and charity administration, and Chairman of the board of an Industry superannuation fund. David is also the former President of Alzheimer's Australia VIC and former Chairman of the Centre for Hormone Research at the Children's Hospital. In June 2013, David was appointed as a Member (AM) in the General Division of the Order of Australia for significant service to the community, particularly through leadership in health organisations and the provision of pro bono legal services. Additionally David supports and is an Ambassador for White Ribbon, an organisation that works to prevent male violence against women.
Paul J Hayes SC
Paul Hayes SC is a Barrister & Arbitrator and holds the degrees of Bachelor of Laws (LLB) from the Queensland University of Technology and Master of Studies (MSt) from the University of Cambridge, where he was also a Visiting Fellow in 2005-2006 (Faculty of Law, Lauterpacht Centre for International Law and Wolfson College). He also holds a Diploma of International Commercial Arbitration (DipICArb) from the Chartered Institute of Arbitrators in London, where he is also a Fellow (FCIArb). He was called to the Bar in Australia (New South Wales) in 1990 and in England (Lincoln's Inn) in 2005 and took Silk in Australia (Victoria) in 2017. Paul is a member of Dever's List (Melbourne) and 39 Essex Chambers (London, Kuala Lumpur and Singapore) and practises predominantly in international commercial arbitration (accepting briefs as Counsel, or appointments as Arbitrator), commercial & equity litigation, sports law, defamation, insurance and international law (public and private) and has appeared in a wide variety of cases (ranging from large-scale complex commercial matters to defamation jury trials and sporting disputes) in multiple curial and arbitral jurisdictions, including the Court of Arbitration for Sport. Paul Hayes has been a contributing author in various authoritative arbitration and sports law textbooks and has published several legal journal articles and numerous international and national conference papers on a wide range of sports law and general legal topics. He is the Founder and Editor of the Australian and New Zealand Sports Law Journal (CCH Australia), a member of the Executive Committee and the Chair of the International Law Committee of CommBar (the commercial law association of the Victorian Bar) and a member of the World Rugby Anti-Doping Judiciary Panel. Paul also contributes Op-Ed articles from time to time to The Australian and The Times in London on issues concerning the law and politics and was named in the 2016 and 2017 editions of Who's Who Legal as a leading international lawyer in the specialty of sports law.
Ben Ihle regularly advises and appears on behalf of athletes, teams, sports organisations (including NSOs and world peak bodies) and government bodies in all manner of sports-related disputes. His practice in sports law has taken him before Australian state and federal courts, as well as in contractual and statutory tribunals, before the FINA Anti-Doping Committee and in arbitrations before the ordinary and appeals divisions of the CAS. From time to time he also sits as a tribunal member (including as Chairman) in ad hoc tribunals for a variety of sports. As the deputy chairperson of the Sports Law Section of the Victorian Bar, Ben oversees a portfolio that is responsible for coordinating requests for legal assistance in sport-related matters. He has lectured to both undergraduate and graduate students in sports law and sports management courses. Ben is a member of both the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (SLA) of America. Ben was nominated by his peers and has been listed as one of Australia's leading sport-lawyers in Who's Who legal 2016 and 2017. Other than in sports-related disputes, Ben maintains a broad practice in several areas of commercial, regulatory and common law.
Elle Nikou Madalin is a barrister at the Victorian Bar. She has a broad trial and appellate practice encompassing commercial, administrative and common law matters. She has special expertise as counsel in all aspects of sports law, including in investigations, court and tribunal proceedings, and arbitrations concerning: doping; discipline and member protection; re- licenscing of athletes following suspension; employment; intellectual property; incorporated associations; and sports governance. In the past, Elle sat regularly as a member of the Football Federation Victoria Disciplinary Tribunal, in both its original and appellate jurisdiction (including frequently as Chair). Elle has also chaired disciplinary tribunals for Swimming Victoria and the Hockey Victoria Appeals Board. From time to time, Elle has also accepted briefs to act as an independent investigator on behalf of a sporting association, or otherwise to advise sporting associations on the drafting of their rules, by-laws and constitutions. Elle is the Secretary of the Sports Law Section of the Commercial Bar Association. Elle holds Bachelors degrees in Law and Arts from the University of Melbourne, where she is presently completing her Masters of Commercial Law. She is a member of Dever's List and maintains chambers at Owen Dixon West.
Paul Horvath is the Principal of SportsLawyer (www.sportslawyer.com.au) who has practiced law for over 25 years. Paul also practices employment law. Paul has completed his Master of Laws at the University of Melbourne with an emphasis on sports law. He has also served on the board of Harness Racing Victoria and as was founding Chair of the Law Institute of Victoria's Sports Law Committee. Paul has published papers on a range of sporting issues including: Best Practice Governance in Sporting Leagues and The WADA Code and Doping in AFL. Paul won the 2007 ANZSLA Paul Trisley Award (for the best academic paper on Sports Law). Paul has extensive experience in panel and tribunal work. Paul has acted for, and advised: AFL Clubs and Coaches including in the Essendon Supplements case; Commonwealth Games Australia; the Office of the Racing Integrity Commissioner, the West Australian Football Commission and Gymnastics Victoria.
RACV City Club
Level 2, 501 Bourke St
Parking: The car park is located beneath the RACV Club. The following
rates apply, and will be dependent on the time of day that parking is
Full Day Rate $86.40 per vehicle
Hourly Rate $21.60 per hour
Breakfast Rate (Exit before 0930am) $21.60 per vehicle
Evening (After 5pm) / Weekend Rate $21.60 per vehicle
Tram: Closest stations are William/Bourke St or Queen/Bourke St
No parking or travel costs are included in the conference fee.
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