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 March 2022 success stories with helping clients achieve desirable results.
Success Story 1: Bad behaviour fully explained
Basketball – last week we advised a client who was charged with offensive conduct, umpire abuse, threatening behaviour and bringing the sport into disrepute. This coach of a mid-age girls team had motioned the referee for a confrontation before being escorted out of the stadium. After the event and the adrenalin had gone, the coach could not believe his conduct. He did not recall clearly the events as recorded in the summary before the tribunal. He sought medical advice, and was diagnosed with depression, put on medication and referral to a counsellor. He wrote a heart-felt apology to the referee involved, explaining his mental health condition, heavily contributing to the offence, though that was not an excuse, rather than explanation. His excellent coaching and playing record over a thirty year period, coupled with excellent references led to a good behaviour bond outcome.
Success Story 2: Defamation in Sports Club
We advised a senior club official about a defamation that had occurred during the course of a disciplinary tribunal hearing held at the club premises. Following the issue of a letter of demand, the offending party paid legal costs and issued an apology which was displayed for one month at the club premises. See the client’s testimonial here: https://au.trustpilot.com/reviews/61aed8790b7cbbcbfe035772
Success Story 3: Golf Club Disciplinary Process
We assisted a golfer disciplined and suspended by their club for behaviour during golf play. The player lodged an appeal, and we assisted with submissions. Following a successful appeal, we issued court proceedings to obtain a copy of the appeal panel decision with a view to commencing court proceedings due to various breaches of procedural fairness in the disciplinary process. A settlement was reached which included an apology to the golfer.
Success Story 4: Olympic Selection
We recently represented a national athlete who was not nominated for selection for the Tokyo 2020 Olympics. The athlete appealed to the Court of Arbitration for Sport (CAS) and Paul Horvath represented them on the appeal involving complex arguments against the international federation, and “field of play” arguments. The clients review of our services can be found here: https://au.trustpilot.com/reviews/61b980be9f60695a25f4f165
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.
