Sports Law: Liabilities and Obligations On and Off the Field

The legal issues in sport are becoming more complex. Join an expert panel for truly expert guidance, including a former Olympian and AFL player, alongside leading barristers, and lawyers in sports law. Gain practical knowledge and insights into key legal issues like sex and gender in sport participation, safeguarding regimes, protection of reputation and defamation risks, advocacy in sports tribunals, and collective bargaining in sport.

Monday, 16 September 2024
Early Bird Discount ends 2 Aug 2024 $353.50
1.00pm to 1.45pm Sex and Gender in Sport Participation

 

  • Current state and federal sex discrimination and anti-discrimination legislation
  • The "sport exemption" in the legislation
  • Australian Sports Commission: strategies and resources
  • Respect@Work changes: positive duty
  • Positions across various sports

Presented by Juanita Maiden, Senior Associate, Mullins Lawyers

2.45pm to 3.00pm Break
3.45pm to 4.30pm Collective Bargaining in Sport

 

  • The evolution of athlete representation
  • Collective bargaining processes
  • Recent case studies

Presented by Ian Prendergast, Executive Director, Sports Advisory Partners Australia, Former Carlton Football Club Player

4.30pm to 5.15pm Protection of Reputation: Defamation Risks Online and on the Field

 

  • Protection of reputation in Australia
  • Consideration of recent developments in defamation law including the serious harm threshold
  • How to commence a defamation proceeding, including for defamatory posts online
  • What to do if your client receives a concerns notice

Presented by Maggie Kearney, Barrister, Tenth Floor Chambers 

Description

Attend and earn 4 CPD points including:
3 points in Substantive Law
1 point in Professional Skills

This program is applicable to practitioners from all States & Territories

Chair

Margot Foster AM OLY, BA LLB

Professional Skills
1.45pm to 2.45pm Advocacy in Sports Tribunals

 

  • Practical tips and reflections on appearing before sports tribunals
  • Dealing with questions from the Tribunal and strategies for handling tribunal inquiries effectively
  • Key aspects of preparing for a sports tribunal, including evidence and legal arguments
  • Cross examination best practices for questioning witnesses

Presented by Adrian Anderson, Barrister, Aickin Chambers

3.00pm to 3.45pm The Implementation of the New Safeguarding Regime: A Case Study Example


Gain an understanding of the implications of the Safeguarding in Sport Continuous Improvement Program using a case study of a recent case.

Presented by Marianne Barker, Barrister, Nationally Accredited Mediator, Owen Dixon Chambers West

Presenters


Ian Prendergast, Executive Director, Sports Advisory Partners Australia
Ian’s high-profile background makes him a genuine asset to any sporting organisation. Having worked in every facet of sport at the highest level - as an athlete, an executive and an advocate, Ian’s experience gives him an unrivalled view of the sporting, commercial and legal landscapes.


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.


Juanita Maiden, Senior Associate, Mullins Lawyers
Juanita is an experienced and commercial lawyer, with expertise in sports law and a background in commercial law and wills and estates. Having started her legal career in 1997, Juanita went on to hold various corporate roles before returning to the legal industry in 2009. Juanita has always had a particular interest and passion for sports law, having held the role of CEO at a National Basketball League Club for several years, including going on to take a position on the board. She combines her extensive practical experience with her unique knowledge of sporting organisations to help her clients. Juanita advises clients in the sports and events industry on commercial agreements, governance and constitutions, contracts and disputes, disciplinary issues and complaints handling, and tribunal hearings and appeals Furthering her commitment to the sports industry, Juanita currently serves on the Boards of Queensland Cricket and South East Qld Rugby League and as Chairperson of the AFL Qld Tribunal. She is a member of the Australian + NZ Sports Law Association and the National Sports Tribunal Legal Assistance Panel and has guest lectured at the University of Queensland in sports law.


Adrian Anderson, Barrister, Aickin Chambers
Adrian is an advocate practising in sports law, disciplinary tribunals and appeals, defamation, suppression orders, contempt, common law/personal injuries, criminal and general commercial law. He brings to the Bar experience as a senior executive in major professional sport. A former partner in the commercial litigation division of Corrs Chambers Westgarth, Adrian was General Manager of Football Operations of the AFL from 2004-2012 establishing the AFL’s integrity unit, tribunal system and heading negotiations such as the Collective Bargaining Agreement. At Corrs, he was the principal media law advisor to the Herald Sun and 3AW. He also acted for the AFL Players’ Association, the Australian Cricketers’ Association, Greyhound Racing Victoria, and professional athletes in disciplinary matters, anti-doping cases and contractual disputes.


Marianne Barker, Barrister, Nationally Accredited Mediator, Owen Dixon Chambers West
Marianne has had extensive experience in all areas of intellectual property, trade practices, general commercial law and sports law. Prior to signing the Bar Roll, she was a Senior Associate at Corrs Chambers Westgarth in the Intellectual Property and Trade Practices section. Her practice has encompassed appeals, trials and various types of interlocutory applications for orders including injunctions, civil search and seizure orders and contempt orders. Her clients in the trade marks area have included Rolex, Gap, Nike, Valentino, Caterpillar, Treasury Wines, Christian Dior, Louis Vuitton, Hugo Boss, Cartier, Hermes, Nokia, Rip Curl, Mambo, Australian Rugby Union, National Foods, Crazy Johns (now part of Vodafone), Hoover, Fendi, Lacoste, Vans, Viacom, Toyota, John Sands, Playgro, Rivers, Just Jeans, Adele Palmer and Bradmill. She has also acted in copyright and design matters for clients such as Autodesk, Musidor and Spotlight Stores and has acted for various project home builders in respect of architects' plans including Hotondo Homes, Henley Arch, Stonehaven Homes and C & J Designer Homes. Marianne has also acted in mechanical and pharmaceutical patent matters for companies such as Braun, Alphapharm, Transpread International, Huhtamaki and Metallgesellschaft (now part of the GEA Group). She has also acted in allied areas such as breach of trade secrets, Crown use of IP, the IP aspects of tax appeals (R & D) and in the trade practices area she has acted in various consumer law and price fixing matters. Her sports law practice grew out of her pro-bono work for Olympic athletes and she is now the President of the Taekowondo Appeals Tribunal (recently being awarded the Ian Callinan prize at the 2019 ANZLA Annual Conference The Denis Callinan Award recognises members of the Australian New Zealand Sports Law Association (ANZSLA) who render commendable community service in the field of sports law). Finally, she also practises as a mediator being a Nationally Accredited Mediator since 2012. Marianne has written and edited problems for use at the ICC Mediation Moot Competitions held in Melbourne and Paris. Prior to her legal practice, Marianne interned in the tax section of Peat Marwick Mitchell (now KPMG). She is a graduate of the Australian Institute of Company Directors (AICD) and has had various board positions on not-for-profit boards. Marianne Barker (B.Ec. (majoring in Accounting and Economics), LLB (Monash), LLM (Melb)) was admitted in Victoria in 1985 and signed the Bar Roll in 1992. Her Masters thesis concerned the topic "Famous Trade Marks". Marianne is the deputy convenor of the trade marks sub-committee of the IP Committee (IPC) of the Law Council and a member of the recently formed GI sub-committee of the IPC of the Law Council. She is also a member of the International Wine Law Association, the AIDV, and was the co-owner of a vineyard on the Mornington Peninsula and the Mornington Peninsula Vineyards Association.


Maggie Kearney, Barrister, Tenth Floor Chambers
Maggie Kearney is a barrister practising primarily in commercial and corporations' law and intellectual property. Maggie regularly appears both led and unled in NSW courts, the Federal Court, Tribunals and investigations and inquiries. Maggie was admitted as a solicitor in 2018 and called to the Bar in 2022. Maggie has experience in advising and appearing on behalf of clients in complex contractual disputes, corporations matters, insurance matters, equity disputes, copyright and trade marks disputes, and has a particular interest in sports law and media matters. Before joining the Bar, Maggie was a Senior Associate in commercial litigation at Corrs Chambers Westgarth and earlier worked at Ashurst in intellectual property and media. Maggie was previously tipstaff to the Hon. Justice Hammerschlag when his Honour was Head of the Commercial List and Technology and Construction Lists. Maggie holds a Master of Laws with distinction from the University of Sydney, where Maggie was awarded the Ross Waite Parsons Scholarship, and a Juris Doctor with distinction from the University of New South Wales.

WEB249V07

Sports Law: Liabilities and Obligations On and Off the Field

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Single Session
Monday, 16 September 2024
1.00pm to 5.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
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