MLC710 Sports Law Assignment: Part B Problems - Analysis

This sports law assignment solution addresses two key legal problems. The first problem concerns a contract dispute between Stratham Council and Trident Athletics Club (TAC), analyzing the validity of the agreement and the authority of Sally Innes. The solution considers the relevant provisions of the...Read More

Running head: SPORTS LAW
SPORTS LAW
Name of the Student
Name of the University
Author Note

1SPORTS LAW
Table of Contents
Problem 1...............................................................................................................................2
Problem 2...............................................................................................................................3
References..............................................................................................................................6

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Part B
Problem 1
Issue
1. To advise Stratham Council regarding the effect of its contract with Trident Athletics
Club (TAC)
2. To determine the difference of advice in case the matter was situated in Tasmania
Rule
As per the common law of contract, an agreement starts with an offer, given by an offeror
to an offeree. The acceptance of the offer having a consideration by the offeree amounts to
the completion of the agreement, provided it is accepted with free consent. Therefore, a
contract is a binding agreement which is enforceable by law.
According to Section 35 of the Associations Incorporation Reform Act 2012 (Vic) states that
an agreement entered by a person on behalf of an incorporated association shall not be
invalid if it falls under an act prescribed under Section 34 of the Act. Section 34 prohibits
incorporated association from exercising any power that it is prohibited by its rules. In
addition, Section 82 of the Act states that and office holder could be a member of the
committee, secretary, an employee authorised to take decisions for the association, or any
other person who has the capacity to take decisions impacting the finance of the
association.
Section 20 of the Associations Incorporation Act 1964 (Tasmania) states that a contract
entered by a natural person on behalf of an incorporated association shall be valid, why did
the person was acting under the authority of search incorporated association.
Application
In the given case, TAC entered into a contract with Stratham Council through Sally Innes.
The agreement could be stated as valid as it complies the common law of contract involving
a clear offer, offeror, offeree, acceptance, free consent and consideration. The question may
arise regarding the authority of Sally Innes who signs the contract in the capacity of a

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nominating trustee of TAC, even though she was never formally appointed as a nominating
trustee.
As per the Associations Incorporation Reform Act 2012 (Vic) Sally Innes, even though never
formally appointed as nominating trustee of the association, entered into the contract with
Stratham Council as authorised by the association and with the capacity of impacting the
finance of the association.
In case this matter was situated in Tasmania, this decision of validating the contract
between TAC and Stratham Council would not have been different due to the prevalence of
section 20 of Associations Incorporation Act 1964 which allows Sally Innes to hold the
capacity to enter into the contract on behalf of TAC.
Conclusion
Therefore, Stratham Council shall be liable to abide by the provisions of its contract with
TAC. Also, this decision would dot change even if the case was situated in Tasmania.
Problem 2
Issue
The issue is to advise Lucy in terms of her option to clear her name from being banned to
coach under 10s and 12s of the Orchard grove basketball club (OGBC) and being blacklisted
from umpiring representative baseball again.
Rule
In addition to courts, the Australian judicial system majorly depends upon tribunals for
decision making and a speedy redressal. Especially for sports, there are domestic tribunals
as well as national sports tribunal. The domestic tribunals are often preferred over the court
for their simplified legal procedures and speedy redressal. The formal rules of evidence that
are accepted in a court of law are not applicable in tribunals, thereby enabling the tribunal
do to allow evidences that courts may disallow. Simpler matters are usually dealt in a
tribunal, where self-representation is more common, however legal representation by a
lawyer is not uncommon. Moreover, domestic tribunal is not a court and therefore it has
the freedom to develop its own rules and regulations as held in the case of Australian
workers union v Bowen (No 2) (1948) 77 CLR 601.

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The National Sports Tribunal, as made effective by the National Sports Tribunal Act 2019
(NST) aims to provide efficient independent effective transparent and a special tribunal
which would facilitate fair hearing of disputes related to sports, as per section 3(1) of the
NST Act.
Court of Arbitration for Sport (CAS) is an international quasi- judicial body that has been for
resolving disputes in sports by the help of arbitration. However, a dispute could only be
brought before the CAS if there is an agreement of redressal by arbitration between the
parties to the dispute. The CAS operates on the basis of natural justice and the right of the
party to be heard. It is known for its impartial, inexpensive and speedy redressal along with
maintaining confidentiality of the parties.
Application
In the given case, Lucy is the coach of Andrea who plays for under 12s at OGBC. She was
dropped from the team for poor performance however her mother things that she has been
the target of Lucy's distaste on her. Andrea's mother, Shannon points out that Lucy slap the
girls on their back and yells at them during training sessions which is abusive for the girls. On
Shannon’s complaint to the Victorian Girls Social League (VGSL) headed by her brother as
one of the members of the committee, Lucy was barred from coaching the baseball team
and also blacklisted from umpiring representative baseball, which is extremely injurious for
her reputation as a coach as well as for her financial conditions.
In this situation Lucy could file a petition before the National Sports Tribunal for
investigating on the allegations brought against her for abusing and mistreating the girls.
Lucy should furnish evidences of Andrea's performance record, which would clarify that
Andrea was dropped from the team for her poor performance and not for Lucy’s personal
grudge against her. Lucy could represent herself before the domestic tribunal which would
save her legal expenses as well as time, in comparison to a formal suit filed before a court of
law.
Lucy could also seek the help of Court of Arbitration for Sports (CAS) for a redressal through
arbitration, in case her contract with the at OGBC includes a clause of dispute redressal
through arbitration. However, in every way she could seek redressal before the domestic
tribunals, which does not require an inclusion of such clauses in her contract with the club.

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In addition, she could bring charges against the VGSL for unfair dismissal and arbitrary black-
listing her without giving her equal opportunity of being heard, an important principle of
natural justice. She could point out ‘bias’ in the judgement of VGSL.
Conclusion
Therefore, UC could take the help of tribunals to clear her name from being banned to
coach under 10s and 12s of the OGBC and being blacklisted from umpiring representative
baseball again.

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References
Associations Incorporation Act 1964 (Tasmania)
Associations Incorporation Reform Act 2012 (Vic)
Australian workers union v Bowen (No 2) (1948) 77 CLR 601.
National Sports Tribunal Act 2019 (NST)