Litigation, Dispute Resolution and CAS
Disputes in Sport
Sporting disputes can often be resolved by utilising internal tribunals and disciplinary procedures. In the event that they cannot be resolved internally these matters may require other forms of resolution including litigation in a Civil or Criminal court, or Arbitration through the Court of Arbitration for Sport (CAS).
CAS is an international body that is set up to settle sports related disputes. CAS is an independent institution and is separate to any sporting organisation. Its headquarters are in Lausanne (Switzerland) but its courts and offices are located in many major cities.
How can we help?
Our sports lawyers have experience in all courts in a variety of sporting matters and industries. We are able to assist at any stage of a sporting dispute and are often able to assist with very little notice.
We have acted in a range of litigated matters in all State Courts and VCAT including:
We have acted in an injunction application against the suspension of a football player for striking before a grand final in an amateur football league;
We have acted on behalf of the President of a national sporting body to both bring and defend defamation proceedings.
Restraint of trade disputes
We have acted on behalf of a cricketer in relation to a restraint of trade dispute concerning his transfer to another club.
We have acted on behalf of an Australian company in relation to a contractual dispute with a professional athlete in the USA.
We have acted for both an individual and a national sporting body in VCAT discrimination proceedings.
We have acted for both sporting organisations and individuals in sports tribunal hearings including:
- Acting on behalf of Mark ‘Bomber’ Thompson in the AFL Commission hearing into the Essendon supplements matter;
- Acting on behalf of triathlete Emma Snowsill in an Olympic selection dispute; and
- Acted for Football Federation Victoria (FFV) in an appeal to the Football Federation of Australia (FFA) Appeals Board by 3 players against 5 year bans for assaulting spectators at an FFV fixture. SportsLawyer successfully argued for the bans to be upheld.
Court of Arbitration for Sport
We have appeared in CAS matters including:
- A hearing of charges against a Ukrainian swimming coach for bringing the sport of swimming into disrepute by the governing body of swimming, FINA; and
- A hearing into allegations of a breach of the national sporting body’s Member Protection Policy, which resulted in the charges against our client being dismissed.