Sports Law Symposium: Navigating Legal Challenges in Professional and Community Sport
Explore case studies and best practice examples and gain essential legislative updates all in relation to the legal issues that are currently concerning sporting organisations. Jam-packed with insights into advantages and disadvantages of each tribunal and implications of employment law reform. Discover how to effectively handle sports disputes and navigate the tribunals. Gain expertise on player suspensions and gain a crucial practical assessment of Australia's Sports Governance Principles. WEB243N43Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Margot Foster AM OLY, BA LLB
9.00am to 10.00am Running the Gauntlet of Sports Tribunals: The CAS, the NST and the Best of the Rest
- Sporting disputes: Which tribunal?
- The Court of Arbitration for Sport (CAS)
- The National Sports Tribunal (NST)
- Other NF & IF tribunals
- Advantages and disadvantages of CAS, the NST and other sports tribunals
- Review of decisions of sports tribunals
Presented by Paul Hayes KC, Owen Dixon Chambers; Leading Arbitration Barrister, Doyle's Guide 2023
10.00am to 11.00am Shifting Goalposts: Recent Changes to Employment Laws and How They Impact on the Worlds of Professional and Community Sport
- Restrictions on fixed and maximum term contracts and player/coach contracts
- Wage theft laws and volunteer coaches
- Defining casuals - again
- Respect at work and sportspeople
- Other issues that arise in the context of current reforms
Presented by Jacquie Seemann, Partner; Best Lawyers 2024, Sports Law and Mark Branagan, Partner, Thomson Geer
11.00am to 11.15am Break
11.15am to 12.15pm Can a Sporting Code Lawfully Suspend a Player Who has Been Charged with a Criminal Offence?
- The importance of the presumption of innocence in Australia
- Is such a suspension an unlawful restraint of trade?
- The applicability of the common law approach to restraints of trade
- The applicability of the Restraints of Trade Act 1976 (NSW)
- Review of recent Australian cases
- Is there anything to be learnt from overseas jurisdictions?
Presented by Arthur Moses SC, New Chambers
12.15pm to 1.15pm Australia’s Sports Governance Principles in Practice: Implications for the Sporting Community
- Gain insight into how Australia’s Sports Governance Principles impact the world of sports in practice
- Understand and apply the 9 principles set by the Australian Sports Commission for good governance in sports, and discover how each principle contributes to creating positive sport experiences
- Explore case studies and best practice examples
Presented by Ana Croger, Sports Administrator, Experienced General Counsel, Integrity Manager
Presenters
Margot Foster AM OLY, BA LLB
Margot Foster AM BA LLB OLY has a storied background in sport as an elite athlete, lawyer, director and educator. Margot began her legal life practising mainly criminal law, running her own practice, acting for some notorious Melbourne identities requiring numerous visits to centres of incarceration around the state to visit her various villains. At the same time she was rowing at an elite level in Victoria and training for the Olympic Games in Los Angeles in 1984 at which she won Australia’s first women’s rowing medal in the coxed four. When at university she had taken on her first board and leadership roles in her residential college and, once she took up rowing in third year, with Melbourne University Ladies’ Rowing Club Committee as it then was. After the Olympics (which was followed by world championships and a Commonwealth Games gold medal in 1986), her board career began with her appointment to the inaugural AOC Athletes’ Commission. Since then she has held numerous roles with Australian Sports Commission, New Zealand Sports Commission, International Rowing Federation, Australian Olympic Committee advisory committees, Rowing Australia, Rowing Victoria, Melbourne 1996 Olympic Bid, Australian University Sport, Gymnastics Australia, Melbourne University Sport and a diverse range of other sports bodies. In addition she has been on the boards of Presbyterian Ladies' College Burwood, Trinity College University of Melbourne, National Parks Advisory Committee, and Great Ocean Road Coast Committee among others. Margot is presently Vice President of Motorsport Australia, Chair Sports Environment Alliance, Advisory Council Member Sport Integrity Australia and Chair World Athletics Election Oversight Panel. Since happily giving the law away Margot now works with individual directors, business and sports organisations on their governance programs, processes and policies and created her own online governance training course, launched in 2020, focussed on the very practical things directors need to know and understand to be effective at the board table. Margot was made a Member of the Order of Australia in 2015, received the ANZSLA Contribution to Sport Award in 2011, was named a Fellow at Trinity College University of Melbourne in 2017 and is a member of the Rowing Victoria Hall of Fame.
Paul Hayes KC
Advises and appears in cases at interlocutory, trial and appellate levels, (common law litigation, commercial & equity litigation, international law & arbitration, large scale litigation, constitutional & administrative law and sporting disputes), conducted in multiple jurisdictions, but primarily in Melbourne, Sydney, Perth, London, Singapore, Kuala Lumpur and Lausanne. Frequently appears in common law jury cases and causes conducted in the Supreme and County Courts of Victoria, including in the field of defamation. Appointed a Teaching Fellow (Course Director of the subject 'International Sports Arbitration') at Queen Mary University of London (School of Law) in 2022. Previously a Senior Fellow at the University of Melbourne (Faculty of Law), 2010-2022. Recognised internationally in Who's Who Legal (2016-2023 editions) as a leading lawyer in the specialty of sports law and listed by Doyle's Guide as a leading senior counsel in arbitration and administrative & public law. Holds degrees from the Queensland University of Technology (LLB) and the University of Cambridge (MSt). Prior to commencing practice at the Bar, practised as a Lawyer (1986 to 1990) at: Power & Power, Brisbane; Allen Allen & Hemsley (Allens), Sydney; and Baker & McKenzie, Sydney.
Jacquie Seemann
Jacquie Seemann has practised employment law, discrimination law and education law since 1990. Her sports law practice grew naturally out of her experience in these areas. For her sports sector clients, Jacquie advises on governance, including constitutional issues and reporting obligations. She assists clubs and associations to manage their relationships with (and the behaviour of) the people who make up teams and clubs, including drafting and negotiating employment contracts and restraints, developing and interpreting integrity policies and addressing disciplinary and misconduct issues, and managing volunteers. An experienced litigator, Jacquie brings her specialist expertise in discrimination, unfair dismissal, breach of contract claims, industrial disputes, and prosecutions for breach of safety laws to her sports clients. She is a tough negotiator, and looks for commercial and non-litigious solutions where possible. Jacquie has been acknowledged for her work in employment, safety and sports law by The Legal 500 Asia-Pacific, Doyle's Guide and Best Lawyers in Australia. She is a member of Football NSW's General Purposes Tribunal, and Chair of Integrity at Maccabi Australia.
Mark Branagan
Mark is a partner in the Employment and Safety team at Thomson Geer in Melbourne. He has more than 25 years' experience in legal practice and specialises in the area of employment law and workplace relations. Mark's expertise includes solving workplace problems, drafting contracts, advising on industrial matters and employment issues such as termination of employment, bullying, discrimination, and occupational health and safety. An Accredited Specialist (Workplace Relations) with the Law Institute of Victoria, Mark regularly presents to clients, industry associations and postgraduate students on various topics relating to employment law, IR and workplace health and safety.
Arthur Moses SC
Arthur Moses SC has been practicing at the NSW Bar in excess of 25 years. He was appointed Senior Counsel in 2008. He served as President of the NSW Bar Association during the period 2017 to 2018. He also served as President of the Law Council of Australia in 2019. Mr Moses SC was a member of the Executive of LAWASIA and Co-Chair of its Human Rights Committee in 2023. His practice includes administrative law, coronial inquests, corruption inquiries, proceeds of crime litigation, native title litigation, work health and safety prosecutions, employment and industrial law, discrimination, restraints of trade, commercial, equity, sports law and military law cases. He appears before the High Court of Australia, Federal Court, NSW Court of Appeal, Supreme Court of NSW as well as appellate Courts in other States. Mr Moses SC has appeared in numerous corruption inquiries before ICAC and law enforcement integrity commissions. He also regularly appears for the Commissioner of the Australian Federal Police in proceeds of crime matters in various intermediate appellate courts throughout Australia. He has also appeared for the NSW Crime Commission. Mr Moses SC is a member of the Royal Australian Air Force Specialist Reserve and is currently an Assistant Inspector General of the Australian Defence Force. Mr Moses SC has presented numerous seminars on topics including legal ethics, apprehension of bias, restraints of trade, employment law, and work health and safety prosecutions for institutions such as the University of NSW, the Australian Defence Force, the Law Council of Australia, the NSW Bar Association and the Judicial Commission of NSW.
Ana Croger
Ana is a senior sports administrator with specialist expertise in legal, governance, integrity and compliance systems, processes and policies. Ana holds degrees in business and law with a current Supreme Court of Queensland practicing certificate and is a fellow of the Governance Institute of Australia. Ana is a recipient of the Sports Australia women in leadership grant and is a nationally accredited mediator. Ana has a passion for engaging and developing lasting, positive relationship with diverse stakeholders. Ana has experience in leading teams through complex issues prioritising managing and delivering outcomes that fulfil commercial and strategic priorities. Ana has held Board and committee positions and also has detailed experience in sports and event specific: • Board and company governance; • Integrity including member protection, anti-doping, competition manipulation, child safety and complaints handling; • Diverse stakeholder management in large member based organisations within the federated model of sport; • Corporate operations including finance function, Technology and Digital and People and Capability • Funding and commercial agreements; • Team selection and other internal policies; and • Company secretariat functions.