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

Friday, 22 March 2024
Chair:

Margot Foster AM OLY, BA LLB

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

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 10.00am Ins and outs of the National Sports Tribunal
  • Background and establishment
  • Registry and Members
  • Sports Policies including the National Integrity Framework
  • Case Statistics
  • Recent Decisions

Presented by Michelle Gallen, CEO, National Sports Tribunal

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

Presenters


Mark Branagan, Partner, Thomson Geer
Mark is a partner in the Employment and Safety team at Thomson Geer Lawyers in Melbourne. He has more than 25 years' experience in legal practice and is an Accredited Specialist in the area of employment law and workplace relations. In the sporting world, Mark represents AFL clubs and national sporting organisations with work ranging from drafting contracts at Senior and Assistant Coaching levels; advising on athlete discipline; Management and Administration contracts and disputes; restraint and IP issues; Award compliance and underpayment liabilities regarding employees. Mark has also advised clients including clubs and high profile athletes in dealing with investigations conducted by Sport Integrity Australia. Mark has been an accredited AFL player agent; an AFL Auskick coach; is the author on books on football history including 'Bloodstained Angels - the Rise and Fall of the Foreign Legion'; and is a Member of the Sydney Swans Hall of Fame Selection Committee.


Arthur Moses SC, New Chambers
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.


Ms. Ana Croger, Sports Administrator
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.


Jacqueline Seemann, Partner, Thomson Geer
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.


Dr Michelle Gallen, CEO, National Sports Tribunal
Dr Michelle Gallen is the CEO of the National Sports Tribunal. Dr Gallen has held leadership roles across government organisations and as President of Swimming Australia. She has impeccable credentials in sports policy and holds a PhD in international sports law.

WEB243N43Z

Sports Law Symposium: Navigating Legal Challenges in Professional and Community Sport

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Single Session
Friday, 22 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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