Efnisyfirlit

• Cover Page
• Halftitle Page
• Title Page
• Copyright Page
• Contents
• Table of Cases
• Table of Statutes
• Contributors
• Acknowledgments
• Chapter 1 Introduction
• ‘Sports law’ or ‘sport and law’?
• A brief history of modern sport
• COVID-19 impact on sports law
• The aim of this book
• Chapter 2 Organisational Structure and Governance
• Introduction
• Governance
• Role of government
• International governance of sports
• Governance structures and processes
• Organisational structures
• Unincorporated associations
• Incorporated associations
• Companies
• Chapter 3 Sport Tribunals
• Introduction: Forms and functions of sport tribunals
• Section 1: Domestic disciplinary tribunals (David Thorpe)
• Section 2: Arbitration in general (David Thorpe)
• Section 3: The Court of Arbitration for Sport (Paul Jonson)
• Section 4: The National Sports Tribunal (Jack Anderson)
• Section 5: Statutory tribunals in sport (David Thorpe)
• Section 6: Sports tribunals and natural justice (David Thorpe)
• Chapter 4 Violence
• Introduction: Violence in sport
• Crimes of violence common to the sporting field
• Defences to charges of sports violence
• Liability and circumstantial factors
• Nature of the sport
• Safety rules and rules designed to prevent injury
• Where harm exceeds limit permissible in criminal law
• Targeted harm
• Prosecuting sporting assaults
• Chapter 5 Negligence and Civil Liability
• Introduction
• Negligence: Duty of care, breach and causation
• Causation of harm
• Removal and mitigation of negligent liability in sport
• Dangerous recreational activities: No liability
• Dangerous recreational activities and professional sport
• The materialisation of an inherent risk
• Presumption of awareness of obvious risks (and volenti non fit injuria)
• Removing duty of care in recreational activities through risk warnings
• Waiver of contractual duty of care in recreational activities
• Contributory negligence
• Protection for volunteers
• Sport and the standard of care of professionals
• No relief for intentional torts
• Are employers in professional sport obligated to minimise the risk of harm?
• Negligence, concussion and chronic traumatic encephalopathy
• Chapter 6 Intentional Torts, Insurance and Risk Management
• Sports injuries and intentional torts
• Risk management for sporting injuries and the role of insurance
• Conclusion
• Chapter 7 Corruption and Gambling in Sport
• Sports corruption and the law
• National and international context
• Match fixing and spot fixing
• Criminal sanctions: General and specific
• Statutes directed at gambling and corruption
• Prosecution of athletes who underperform
• Corruption and conspiracy
• Prosecution of officials
• Internal remedies (national and international)
• Apprehended corruption
• The question of proportional penalty
• Corruption in horse and greyhound racing
• Restraint of trade
• Extraterritorial prosecution of sport corruption
• Chapter 8 Doping
• Introduction
• Modern anti-doping law
• Proof of doping
• Right to a fair hearing
• The Australian anti-doping regimen
• The offences and definitions of doping
• Sanctions for doping offences
• Intentional and unintentional doping
• Non-analytical positives and circumstantial evidence
• The process of doping controls and management
• Challenging doping procedures and methods
• Chapter 9 Employment
• Employment law and sport
• Which sportspeople are employees?
• Formation of the employment contract
• The terms and obligations of an employment contract
• Common law implied terms and fiduciary duties
• Mutual fidelity in sport employment
• Termination of employment
• Vicarious liability
• Free agency
• Chapter 10 Agency
• Agency relationships in sports
• The emergence of the player agent profession
• Areas of concern regarding player agents
• The agency relationship
• Regulation of player agents
• Duties owed by the agent to the principal
• Chapter 11 Trade and Competition
• Competition law
• Section 1: Common law restraint of trade
• Section 2: Cartel conduct in sport
• Chapter 12 Intellectual Property
• Sports law and intellectual property
• What is intellectual property?
• Forms of intellectual property and sport
• Copyright
• Copyright Act 1968 (Cth)
• Copyright in sport events
• Image/personality rights
• Defences to copyright infringement
• Trade marks
• Designs
• Confidential information
• Special purpose legislation to protect intellectual property
• Remedies for breach of intellectual property rights
• International protection of intellectual property
• Business names (not intellectual property)
• Domain names
• Chapter 13 Marketing
• The role of the law in sports marketing
• Relevant areas of law
• Australian Consumer Law (ACL)
• Defences to breaches of the ACL
• Remedies for breach of ACL provisions
• Passing off
• Tobacco and alcohol marketing
• Ambush marketing
• Conclusion
• Chapter 14 Athlete Selection
• Selection and selection criteria
• Is there a selection agreement?
• Contractual terms governing selection
• Implying a term of ‘merit’ into subjective selections
• Subjective criteria and the exercise of discretion
• Subjective selection and contractual good faith
• Selection and ‘natural justice’
• Selection and equitable estoppel
• Selection and ‘legitimate expectations’
• Non-athletic attributes and selection
• Who can make the selection?
• Appealing athlete non-selection
• Can a court look to the merits of a selection committee decision?
• Selection and misconduct
• Selection and trade restraints
• Chapter 15 Behavioural Misconduct
• Sporting contracts and misconduct
• The basis of behavioural misconduct
• The contractual right to penalise for misconduct
• Construing the behavioural covenant
• The mode of imposition: Employer, domestic tribunal or executive officer
• Arbitration of misconduct in sport
• Further matters pertinent to misconduct
• Selective penalisation or termination
• Club and team sanctions
• Misconduct by officials
• Misconduct, illicit recording and distribution
• Pending criminal charges and ‘in-house’ prosecution
• Chapter 16 Discrimination
• Unlawful discrimination in sport
• What is unlawful discrimination?
• Racial discrimination
• Sex discrimination
• Disability discrimination
• Age discrimination
• Religious discrimination
• Chapter 17 Children
• Tenderness of the law
• Criminal law
• Law of torts
• Contract law
• Protecting minors in sport: International perspectives
• Australian sport’s organisational duty of care to children
• Institutional abuse and the National Redress Scheme
• Conclusion: Embedding children’s rights in sport; more to do
• Index