The Melbourne Law School: Sports and Law (Australia)
The Melbourne Law School: Sports and Law (Australia)http://www.law.unimelb.edu.au/ POSTAL ADDRESS
Melbourne Law School
The University of Melbourne
VICTORIA 3010
STREET ADDRESS
University Square
185 Pelham Street
Carlton 3053
Telephone: +61 3 8344 6164
The Melbourne Law Masters
Sport, Commerce and the Law Objectives
A candidate who has successfully completed the subject should:
· Understand the relationship between Australian sport and law and the nature of and reasons for changes in that relationship
· Understand and be able to apply the principles of law having particular relevance to Australian sport.
Syllabus
The subject will consider selected aspects of the relationship between the law and commercial and professional sporting activities. Particular attention will be given to legal responses to the commercialisation of sport and how those responses influence sport. Principal topics will include:
· Athletes’ rights in relation to discipline, sex and racial discrimination, eligibility and selection, drug use and financial assistance
· Amateurism and professionalism
· Protection and marketing of the athlete’s reputation
· Professional player contracts including discipline, entitlement in the event of injury, assignment, inducing breach of contracts and remedies for breach
· Club and league structures and franchise ownership
· Advertising and sponsorship arrangements
· The impact of the common law doctrine of restraint of trade and the restrictive trade practices provisions of the Trade Practices Act 1974 (Cth)
· Taxation of athletes and clubs
· International sports organisations.
Sports Law: Entities and Governance Objectives
A candidate who has successfully completed the subject should:
· Possess a general knowledge of the structure and management of sports entities in Australia and internationally
· Understand the law relating to sports entities in Australia
· Recognise and be able to apply principles of good governance to sport
· Be able to engage in informed debate over the suitability of existing legal and regulatory arrangements for the structure and management of sports entities.
Syllabus
The subject will consider aspects of the law relating to sports entities in Australia and selected international bodies. Attention will be paid to the diverse legal needs of key stakeholders in sport.
Principal topics will include:
· Overview of the organisational structures of Australian and international sport encompassing clubs, regional and national governing bodies, professional leagues and tours, government authorities, special interest groups, international federations, and Olympic and Commonwealth Games organisations
· Legal status of sports entities including: the legal personality and capacity of unincorporated clubs, incorporated associations and companies limited by guarantee; the meaning and consequences of trading activity; and non-profit status and taxation
· Legal regulation and corporate governance of sports entities
· Structure and governance of professional sports leagues and other competitions
· Sports entities and the legal process including: the sources and limits of legal authority over members; jurisdiction of domestic courts over international federations, leagues and tours; and arbitration agreements and ouster of jurisdiction
· Stakeholder rights and interests, incorporating a broad legal and policy analysis of issues of accountability, transparency and due process in the relationships between sports entities at various levels, government, financial supporters, elite and non-elite participants and fans.
Sports Labour Law Objectives A candidate who has successfully completed the subject should:
· Possess a general knowledge of the nature of sports labour issues in Australia and internationally
· Understand the employment and competition law aspects of major professional team sports in Australia
· Understand the role of player associations
· Be able to engage in informed debate over the sufficiency of sports labour law to serve the interests of various key stakeholders.
Syllabus The subject will consider sports labour law in Australia and draw comparisons internationally where appropriate. Attention will be paid to the major professional team sports in particular and the legal needs of their key stakeholders. A prominent theme will be the unusual aspects of the sports labour market and industrial relations process.
Principal topics will include:
· Commercial environment of the sports labour market
· General principles of employment law in sports
· Labour market controls in sports and the role of competition law
· Emergence and role of player associations
· Collective bargaining agreements
· Selected issues in employment law, including selection, disciplinary measures, disability and workers' compensation, termination, and grievance procedures
· Player marketing rights
· Player/agent legal relationship and the regulation of agents.