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Australian and New Zealand Sports Law Journal

The Australian and New Zealand Sports Law Journal is the only double blind peer reviewed publication of it's type in the Australasian region and is available free of charge to ANZSLA members in hard copy and electronic format.  Non-members can purchase a copy from the ANZSLA Store using a credit card.  Please contact anzsla@anzsla.com if you wish to pay by cheque or direct deposit.

Article submissions are invited from members and non-ANZSLA members by 28 February of each year.  Articles will be double-blind peer reviewed (refereed by two suitable persons, determined by the Editor, in consultation with the ANZSLA Journal Editorial Committee).  Author guidelines and an article submission form are available to download from this page.

The 2016 Volume 11 No.1 edition of the Australian and New Zealand Sports Law Journal is available from its dedicated members' only webpage (or by purchase via the online ANZSLA Store), and includes articles on:  

Work Health and Safety Laws and Professional Sport: New Zealand and Australia Compared - Windholz, Eric 

This article examines the application of New Zealand and Australian work health and safety (‘WHS’) laws to professional sport. It explains how statutory WHS duties operate for the benefit of workers and the public and, in the professional sporting context, sportspersons and spectators.  and focuses on  areas of complexity,    such as application in situations where multiple people owe concurrent and overlapping duties; whatconstitutes work and a workplace; and the extent to which risks inherent in many sports moderate WHS duties. The article distils a number of lessons for professional sports and their advisors.

Third Party Witness Compulsion in the Court of Arbitration for Sport - Brimer, Elizabeth

This article examines the issue of third party witness compulsion in the Court of Arbitration for Sport (‘CAS’) in non-analytical positive cases. Under the World Anti-Doping Code (‘WADC’), the World Anti-Doping Agency (‘WADA’) is unable to compel third party witnesses to attend a CAS hearing and to answer questions.  The decision of the CAS Panel in World Anti-Doping Agency v Thomas Bellchambers (‘Essendon Case’) demonstrates the challenges of this situation. The article considers the ‘subpoena provisions’ of the International Arbitration Act 1974 (Cth) (‘IAA’) and WADA’s  likely difficulties tshould it have sought to use those provisions. Finally the article contrasts the Australian position with the positions in England, Germany and Hong Kong.

The I in Team: Issues for Team Sports under the World Anti-Doping Code - Fleming, Callum

Notwithstanding that the WADC was drafted with the intent of bringing all athletes under one unified anti-doping umbrella,  it is predominately focused on the education, investigation and sanctioning of athletes competing in individual sports. By subjecting teams and the athletes within team sports to an anti-doping framework developed for individual sports, the WADC fails to satisfy some of its core goals. This article looks at issues arising from the application of the WADC to doping in team sports. These issues include the inaccuracy of the definition of team sports, the barriers to investigating unified teams, lack of consideration of the mitigating factors unique to team sports, ill-suited ineligibility periods and compliance with strict privacy provisions.

Game Changer? Professional Sport and Dangerous Recreational Activity: Revisiting the Ruling in Dodge V Snell  - Thorpe, David and Houston, Leanne 

This article examines whether professional athletes are liable for injury to opponents when engaged in ‘dangerous recreational activity’ under state civil liability legislation. It reviews two apparently conflicting Supreme Court judgments and concludes that the resolution of the distinctions in this important area may depend upon appeal to a higher court.

In Defence of Australian Sport: An Overview of Strategies to Combat Match-Fixing - Lim, Genevieve 

Match-fixing in sport is an escalating issue across the globe. Australian sports and governments have pro-actively sought to combat match-fixing in an number of ways.

This article surveys the major steps taken by law makers and the larger Australian sporting organisations. While these measures constitute a positive move, deficiencies in their formulation and application affect Australia’s protection against match-fixing. The article suggests a number of initiatives which would assist to address and deflect match-fixing activity. Among a number of suggestions the article also proposes the  investigation of the cultural factors influencing sports betting and the unique features of fixing as they relate to individual sports to assist  agencies to reduce the risks of corruption.

Trans-Tasman Netball’s Import and Selection Rules: Let the Players Play - Pearce, Simone 

In 2017, two new separate professional netball competitions were introduced in place of the abandoned ANZ Championship, the Australian National Netball League and the ANZ Premiership in New Zealand. This article explores the reasons for the change in trans-Tasman netball competitions, with particular focus on the notion of competitive balance and player movement. More specifically, the article examines the nature and effect of the import and selection rules in the ‘old’ and ‘new’ competitions and, in particular, whether the rules were or are restraints on the trade of players. In doing so, the article argues that the import and selection rules imposed by Netball New Zealand in the new New Zealand competition (but not by Australia in the National Netball League), restrict the employment of the professional netball players and creates detrimental effects for players, and the public, in both Australia and New Zealand. This article argues that the restraints may not be reasonable and therefore may be void having regard to the common law doctrine of restraint of trade.

COMMENTARY

Sports Image Rights: Tax Sheltering- Cifonelli, Rossano and Blackshaw, Ian

BOOK REVIEW

Doping in Sport and the Law, Ulrich Haas and Deborah Healey (eds) (Hart Publishing 2016) (Book Review) - Hon Dr Annabelle Bennett AO SC

 

The Commentator

The Commentator is an electronic publication forwarded to ANZSLA members four times each year.  It contains a case and legislation digest, as well as articles on topical and sometimes controversial issues confronting lawyers and administrators in the sports industry.   The Commentator is available free to ANZSLA members and can be purchased by non-members via Informit.

 

The Commentator editions are published on: 1 March (contribution deadline 21 February); 30 June (contribution deadline 23 June); 31 October (contribution deadline 24 October); and the final edition will be published on 15 December (contribution deadline 8 December). 

Author guidelines and an article submission form are available to download from this page. 

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The latest Volume (No 100) of The Commentator is available to members via The Commentator dedicated page.  Here is a summary from the Editor:

In the first article for this edition, Sporting integrity- where is the transparency?, Anthony Crocker a barrister in Adelaide, discusses the template athlete agreement provided by ASADA to sports and the inclusion of a clause wherein athletes contractually give away some of their privileges otherwise afforded at law.

In the second article, Andrew McCormick a Partner in Brandts-Giesen McCormick Lawyers, Rangiora NZ article examines New Zealand Rugby’s recently released “Respect and Responsibility Review” and queries whether its aspirational goals are attainable, especially with reference to a new area of concern, being the use and abuse of social media.

The third article, by Julia Fimiani, a JD Student at University of Melbourne, explores the potential and reasons for image rights protection in Australia for athletes.

In the fourth article, Brieanna Mercer, a Solicitor with Bennett + Co., Perth analyses the case of Western Australian Rugby Union v Australian Rugby Union in which Western Australian Rugby Union tried to have the expulsion of Western Force from the Super Rugby competition by the Australian Rugby Union, overturned.  

In her President’s column, Venetia Bennett celebrates the 100th. Edition.  She also reports on the very successful Sydney conference and the Board elections and possible changes to the structure of the Board.

This edition includes profiles of ANZSLA members Laura Sigal and Martin Frayne.

There is a special 100th edition insert.

In my editorial I celebrate the 100th edition.

You can access this edition of The Commentator from the members only area of the ANZSLA website: http://anzsla.com/content/commentator.

Gerry Glennen
Editor

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Latest ANZSLA News

  • 16 December 2017
    The 100th edition of The ANZSLA Commentator has been published and is available free to members from The Commentator page of the website.
  • 4 July 2017
    Vol 10 No 1 of the ANZSLA Journal has been published.  Hard copies have been posted to members and a PDF is available from the 'Publications: ANZSLA Journal' page of the website.  Non members may purchase a hard/PDF copy from the ANZSLA Store.
  • 22 May 2017
    ANZSLA is delighted to announce the formation of an alliance with the US Sports Lawyers Association (SLA), the Japanese Sports Law Association (JSLA) and the Portuguese Association of Sports Law (APDD).  Further details can be found on the 'International...
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