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Recent work in the firm has included:
- SportsLawyer have been providing Troy Taylor of the Richmond Football Club with ongoing legal representation and advice in relation to an incident in December 2009 in Alice Springs. In January 2011, Justice Kelly of the Northern Territory Supreme Court decided to take no further action for breaches of earlier Supreme Court Probation Orders constituted by the fresh offences. Troy is therefore free to resume his AFL career if he chooses.
- The SportsLawyer team recently presented a Governance Seminar to the Board of Gymnastics Victoria. We plan to conduct Governance Seminars to other interested parties. Please contact us if you require further information.
- Paul Horvath was interviewed by Australia‟s Total Football Magazine for an article published in "Soccer International" in relation to a tackle by Melbourne Victory's Kevin Muscat on Melbourne Heart's Adrian Zahra. The tackle gathered international attention and drew condemnation and opinion after being televised globally. Paul was asked if such actions on sporting fields could result in legal proceedings against a footballer.
- The issue of "excessively rough tackles" was also recently considered in the Brisbane District Court. A Queensland junior AFL player was charged with assault as a result of a tackle, described as a "deliberate strike with an elbow or raised forearm" that resulted in his opponent receiving fractures to his left cheek, nasal bone and facial bone. The player also received a 12 month suspension from the Queensland Tribunal. Paul Horvath was interviewed on ABC radio Brisbane on 18 April 2011 in relation to the incident and the distinction of tackles in the course of or very close to the play (audio file and transcript available on our website).
- SportsLawyer is advising OzPunt, an American football (gridiron) punting academy that places Australian punters into US, Canadian and European
American football teams with particular emphasis
on placing Australian teenagers into the American
collegiate system.
Brendan Fevola
 Paul Horvath was interviewed on ABC radio
Brisbane and ABC radio Sydney on 21 February
2011 in relation to the termination of Brendan
Fevola's lucrative AFL contract with the Brisbane
Lions. The interview explored the legalities of
Brendan Fevola‟s dismissal by the Brisbane Lions‟
for "serious and wilful misconduct‟ and examined
the duty of care owed by Brisbane Lions to Brendan
Fevola (Click the following links to access the audio file or transcript).
Defamation in Sport
SportsLawyer is representing a number of clients involved in varying defamation proceedings, including acting on behalf of various sporting organisations.
You may recall from our newsletter of October 2010, our firm‟s continued involvement in proceedings to represent the President of a National Sporting Organisation (NSO) who has been defamed by an ex-member who was expelled by that Association.
Offers to mediate the matter were refused even though it was conducive to resolving the matter in an efficient and cost effective manner. As a result, defamation proceedings have been commenced in the Supreme Court of New South Wales.
In our view, the President of this Association has a good argument that he had been defamed by an ex-member that has waged a long and personal campaign by distributing defamatory material to members of the Association. The ex-member‟s intent has been to damage the President‟s credit and reputation and to humiliate and embarrass the President in front of the Association‟s members. The ex-member has also set up a website, which could only be described as falling well below a standard that could be categorised as informative to an intended target audience by posting defamatory material and content that continues the personal campaign against the President and Association.
Due to the ex-member‟s refusal to file a defence, a summary judgement application for damages was filed, however prior to receiving judgement; the ex-member revived their interest in the matter and has now decided to contest the trial.
SportsLawyer have also recently finalised defamation proceedings involving Hockey SA. Our client alleged defamatory remarks were made towards him at an international match between Australia and Malaysia and the matter was resolved amicably for all parties concerned.
Defamation can have an adverse effect on any sporting organisation in any number of forms, be it via published comments from members or officials of the sport. Sporting organisations should also be aware that defamatory statements can unintentionally arise out of the use of social media, such as Facebook and twitter, and should adopt an appropriate social media policy.
- Best Governance Practises for sports Leagues & Clubs
- Contract matters
- Drugs in sport
- Workplace Relations
- Disciplinary matters
- Intellectual Property
- Discrimination
Disclaimer
Nothing in this email should be relied on as legal advice.
The contents of this newsletter should be regarded as
information only, and for specific legal matters, independent
advice should always be sought. Please contact Paul Horvath
on paul@sportslawyer.com.au or phone 03-9642-0435 to discuss any
matter or to arrange an appointment. |
