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Australian and New Zealand Sports Law Journal

The Australian and New Zealand Sports Law Journal is the only double blind peer reviewed publication of it's type in the Australasian region and is available free of charge to ANZSLA members in hard copy and electronic format.  Non-members can purchase a copy from the ANZSLA Store using a credit card.  Please contact anzsla@anzsla.com if you wish to pay by cheque or direct deposit.

Article submissions are invited from members and non-ANZSLA members by 28 February of each year.  Articles will be double-blind peer reviewed (refereed by two suitable persons, determined by the Editor, in consultation with the ANZSLA Journal Editorial Committee).  Author guidelines and an article submission form are available to download from this page.

The 2015 Volume 10 No.1 edition of the Australian and New Zealand Sports Law Journal is available from its dedicated members' only webpage (or by purchase via the online ANZSLA Store), and includes articles on:  

'I didn’t make the team. What can I do?’ An overview of selection jurisprudenceAlan Sullivan QC
This article contains an in-depth survey and analysis of the legal principles surrounding challenges to athlete selection in Australia, with some reference to other jurisdictions such as New Zealand and the United Kingdom. In Australia the main source of potential redress is invariably contract, and the article demonstrates that action depends upon the nature of the team, and the legal and factual context of the non-selection.

National Football League players’ concussion injury class action settlement. Michael Legg
The link between concussion from sport and head injuries has garnered significant attention in the United States and Australia. In the US there has been litigation brought by retired NFL players against the league that culminated in the NFL Players’  Concussion Injury Class Action. The class action subsequently settled for an estimated US$1 billion. This article explains the class action and the terms of its settlement, including the compensation scheme for diseases such as dementia, Alzheimer’s Disease, Parkinson’s Disease, Amyotrophic Lateral Sclerosis (also known as ALS), and death with chronic traumatic encephalopathy (also known as CTE). The article outlines the lessons for Australia and its sporting codes, focussing on the potential liability, the availability of the class action procedure, and the difficulties faced by plaintiff players, such as causation and the statutory defences.


The evidential gap in the Essendon doping case and its continuing influence on sport arbitration. David Thorpe
In 2016, the Court of Arbitration for Sport found a number of
players within the Essendon Bombers Football Club guilty of using the banned substance Thymosin-Beta 4. In most anti-doping cases athletes are convicted through an ‘analytical positive’; the presence of a banned substance or its metabolites in a sample of the athlete’s body fluid. An analytical positive establishes liability with a high degree of certainty. The Essendon players were adjudged according to circumstantial and hearsay evidence, which, according to the CAS, formed ‘strands in the cable’ establishing guilt. Several individuals named as suppliers of Thymosin-Beta 4 were in the jurisdiction and could have been subpoenaed to appear before the CAS. After an analytical positive, direct witness evidence would almost certainly be the most reliable. They were not called. This article considers the question of ‘why not’?

In control: Salary caps and other labour control mechanisms within New Zealand rugby.  Marcus Playle
This article considers the legal status of labour control mechanisms that have traditionally operated in the context of professional sport. It is primarily concerned with the way these controls have been applied to New Zealand rugby. It endeavours to answer whether or not the use of a salary cap and the associated transfer regulations in the New Zealand competition now known as the Mitre 10 Cup can be said to constitute a breach of the common law doctrine of restraint of trade.

The Commentator

The Commentator is an electronic publication forwarded to ANZSLA members four times each year.  It contains a case and legislation digest, as well as articles on topical and sometimes controversial issues confronting lawyers and administrators in the sports industry.   The Commentator is available free to ANZSLA members and can be purchased by non-members via Informit.

 

The Commentator editions are published on: 1 March (contribution deadline 21 February); 30 June (contribution deadline 23 June); 31 October (contribution deadline 24 October); and the final edition will be published on 15 December (contribution deadline 8 December). 

Author guidelines and an article submission form are available to download from this page. 

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The latest Volume (No 98) of The Commentator is available to members via The Commentator dedicated page.  Here is a summary from the Editor:

In the first article for this edition, Ian Latham, a Sydney barrister discusses various aspects of the law as they apply to the Australian Football League.

In the second article, Marcus Playle  a Solicitor with Russell McVeagh, Auckland argues the case for the banning of unregistered player agents in New Zealand and even on a global basis.

In her President’s column, Venetia Stewart hails the rise in women's sport and in particular the introduction of AFLW and reports on a recent strategic review by the ANZSLA Board.

This edition includes a profile of ANZSLA member Sue Irwin Ironside.

In my editorial I showcase a new sport for our senior citizens – Walking Basketball.

Gerry Glennen
Editor

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Latest ANZSLA News

  • 4 July 2017
    Vol 10 No 1 of the ANZSLA Journal has been published.  Hard copies have been posted to members and a PDF is available from the 'Publications: ANZSLA Journal' page of the website.  Non members may purchase a hard/PDF copy from the ANZSLA Store.
  • 28 June 2017
    Full conference program and registration details are available from the Annual Conference page!  Book now and take advantage of early bird discounted registration by 1 August!
  • 22 May 2017
    ANZSLA is delighted to announce the formation of an alliance with the US Sports Lawyers Association (SLA).  Further details can be found on the 'International Sports Law Associations' page.
  • 19 May 2017
    ANZSLA and the JSLA have formed an alliance.  Further details can be found on the new 'International Sports Law Associations' page.
  • 12 May 2017
    Topics: Global Developments in Sports Integrity and Sponsorship/Brand Protection.  See the 'Regional & Other Events: NZ Sports Law Symposium' page for full details and registration.
  • 13 April 2017
    Has been published today and is available to members via The Commentator members' only area of the website.
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