Australian and New Zealand Sports Law Journal

ANZSLA – The Australian and New Zealand Sports Law Association – has since its birth in 1990 continued to provide its membership with regular publications and conferences.
 
Within a month of then Vice President, and now Chief Executive of the International Cricket Council, Malcolm Speed chairing the First Session of the First Annual ANZSLA Conference in Melbourne in 1991, the quarterly “Newsletter” touching upon all matters pertaining to sports law was published.
 
In due course the Hayden Opie edited ANZSLA Newsletter changed format and became “The Commentator” a publication that soon found itself available to members via electronic publishing.  At about that time “Sports Shorts” containing items relating to sports law from around the world that teased the reader into greater research also became part of the electronic publishings from ANZSLA.
 
On 13 December 2006 the latest offering  “The Australian and New Zealand Sports Law Journal” 2006 Vol. 1 No. 1 was launched at Kennedy’s Law Firm in Sydney, by Sir Laurence Street, former Chief Justice of the Supreme Court of New South Wales.
 
This valuable addition to sports law libraries is published by ANZSLA itself and as was stressed by Sir Laurence and Editor, Barrister Paul J. Hayes who has chambers in Melbourne and London that great care has been taken in the quality of the offering.  Every manuscript accepted for publication is subject to peer review by at least two independent expert referees for the purpose of establishing and maintaining that high professional and academic standard for the journal.
 
Initially to be published in December each year it is the expectation of the publishers that it will move, hopefully in 2008 to twice yearly.
 
The First Annual Conference bore the title “The Law of Professional Team Sports”.  Much has changed since and Chris Davies’ contribution “Draft Systems in Professional Team Sports and Restraint of Trade” covers the challenge to Rugby League’s proposed draft in the early 1990’s – a challenge that was successful – and compares it with the likelihood that the Australian Football League’s (Australian Rules) draft system will continue to be able to flourish.  Australia has 4 competing codes of football – Rugby League, Rugby Union, Australian Rules and the international football known in Australia as Soccer – all with different rules relating to transfer, and non really effected by outside influence as occurs in Europe.
 
Deborah Healey and David Thorpe together with Pam Stewart provided two excellent articles that look at Australian torts law as it relates to sport as a result of dramatic statutory change in personal injury law over the past several years.  Deborah’s work looks at Warnings and Exclusions Post Personal Responsibility, and David & Pam seek to define what exactly is “dangerous sporting activity”.
 
If  there is to be any criticism of the Journal then it may be that these two contributions cover a similar topic, though in different ways.  No doubt this is something that the editorial committee will look at in future issues.
 
Simon Johnson, a winner of the prestigious ANZSLA Paul Trisley award in 2005, looked at player agents and conflicts of interest, the lack of statutory control, and the need control and enforce the accreditation and activities of sports agent by regulation.
 
Within two days of the launch “The Australian” national newspaper wrote that “Death was the only reality likely to change the culture of drinking in sport.”  The excessive use of alcohol has been a hot topic of conversation during the last couple of years in Australian sport.
 
It was probably good timing therefore that Mel Mallam invited discussion of this current problem in Australian sport in her commentary on “Two of Australia’s Greatest Consuming Passions, Alcohol and Sport, and the Regulation of the Relationship Between Them.”
 
The Australian and New Zealand Sports Law Journal (ANZSLJ) will be an excellent addition to the library of those interested in sports law.
 
Details regarding subscriptions can be found at the ANZSLA website http://www.anzsla.com.au/anzslj/ or from the Executive Manager at anzsla@anzsla.com.au, telephone +61(0)2 9398 9559.
 
 
Brian Doyle.
Consultant.  Turnbull Hill Lawyers, Charlestown.