Recent case wins

June 17, 2021

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Here at SportsLawyer, we are always looking to provide our clients with the best legal services possible and to help them achieve excellent outcomes.

SportsLawyer is proud to share with you the following recent June 2021 success stories with helping clients achieve desirable results.

Success Story 1: Olympic Selection Appeal

We advised an Olympic athlete who had failed to be nominated for selection for the Tokyo 2020 Olympics. The athlete had missed selection due to a legal error in the judging of the key selection event.

We were able to help the athlete get the results of the event annulled, and the event remitted to a new judging panel for re-assessment.

Success Story 2: Anti-Doping Charges

We advised an Olympic level athlete who had been investigated for possible drug-trafficking offences in violation of the anti-doping rules. Sport Integrity Australia (SIA) were deciding whether to charge the athlete for these possible rule violations relating to “recreational” as opposed to performance enhancing substances.

As a result of our work, SIA decided against pursuing the athlete for the possible anti-doping rules violations.

Success Story 3: Olympic Selection

We recently helped a national athlete who was not nominated for selection for the Tokyo 2020 Olympics. The athlete was considering whether to appeal the decision.

We were able to give the athlete prompt and honest advice which allowed them make a final decision on whether to appeal.  They were very happy with their decision and the advice.

Other recent wins include:

  • Sportslawyer represented a national level athlete in an investigation conducted by ASADA relating to an alleged doping offence, part of a broader investigation.  After making comprehensive submissions to ASADA and providing supporting documentation in response to proposed assertions by ASADA of alleged anti-doping violations, and in support of the athlete’s position, the charges were not proceeded with and the athlete received no penalty.
  • Provided detailed advice to a national sport in relation to a child safety investigation, and assisted in ensuring that any allegations by the respondent that the investigations and findings were unlawful, or in any way breached the respondent’s rights to procedural fairness, or were defamatory, were properly dealt with and responded to, such that the matter resolved satisfactorily for our client without legal action ensuing, despite legal letters.
  • Drafted constitutions for a number of State sporting Associations under the umbrella of a national client, tailoring the constitution to the number of individual members and member clubs;
  • Advised a client as to a draft National Child Safety Policy and draft Member Protection Policy, providing comment on the draft;
  • Paul Horvath of the Team presented a detailed seminar to the Law Institute of Victoria on the duty of care in sport and child protection on 12th March, 2019.
  • Conducted a major review of the governance process of a significant Victorian sporting organisation.
  • Represented a World Champion sportsperson in relation to an alleged breach of anti-doping rules (under WADA Code) and succeeded in having charges fully dismissed
  • Represented a swimming coach banned at the World Swimming Championships for life for alleged misbehaviour, and had the ban reduced to eight (8) months which was time already served up to the date of the appeal, and the case set new law on defining what constitutes behaviour that “brings a sport into disrepute”; attended Court of Arbitration for Sport (“CAS”) Lausanne, Switzerland to run the case
  • Represented an eight time national go-kart champion in the Australian Motor Sport Appeal Court and succeeded in having a race penalty overturned at the national championships, resulting in the driver successfully receiving his next National Championship Trophy
  • Successfully represented a national champion boxer in CAS after arguing that banning a boxer with a pacemaker was a breach of the International Boxing Rules, and was discriminatory after producing medical evidence that there was no significant risk to the boxer’s health by boxing.
  • Acted on behalf of an AFL Club and its players in relation to AFL Tribunal and AFL Tribunal Appeal hearings.
  • Acted on behalf of National Sporting Body in drafting complex Athlete and Official Agreements for participation in international competition.
  • Represented a leading Australian Group 1 winning greyhound trainer in defending charges brought by Greyhound Racing Victoria.

If you would like to become another of our many success stories, please contact Paul Horvath at SportsLawyer on 03 9642 0435 or reach out to us at info@sportslawyer.com.au.

The contents of this article should be regarded as information only, and for specific legal matters, independent advice should always be sought.