Australian and New Zealand Sports Law Journal Released

The 2009 edition of the Australian and New Zealand Sports Law Journal has been released this week.
Available in both hard and electronic format, the Australian and New Zealand Sports Law Journal is an independent peer-reviewed/refereed specialist law journal of the Australian and New Zealand Sports Law Association (ANZSLA), the peak professional organisation for lawyers, academics and sports administrators practising in the area of sports law in Australia and New Zealand. It is published in association with CCH Australia (a subsidiary of international legal and academic publisher, CCH Wolters Kluwer).
The 2009 release of the ANZSLA Journal is the fourth edition, following its successful launch in December 2006 by Sir Laurence Street AC KCMG QC. It contains current articles of interest to not only legal professionals, academics and sporting administrators, but also sports journalists and the general sporting public. It addresses:
⢠Itâs just not cricket â Charitable trusts ought to be more sporting. In the field of law concerning charitable trusts for sports, New Zealand lags behind the United Kingdom and even Tasmania in terms of recognising the charitable status of trusts for the advancement of sport. New Zealandâs charity laws are tired and out of touch with societal change and legislative developments abroad, warranting a substitution. In recognition of the benefits that trusts for the advancement of sport bring to the community, New Zealandâs charity laws ought to be more sporting to reflect the role that sport plays in todayâs society and to encourage and reward trusts aiming to advance sports.
⢠Sport in disrepute. It is becoming common to see sportsmen on the front page of the daily newspapers â not for their sporting achievements on the field but for their conduct off the field. The bad publicity this generates can be damaging to the reputations of them individually, their teams and their sports. For this reason sporting bodies usually require a disrepute clause in a sportsmanâs contract. These clauses are now under close scrutiny because of the serious consequences that may follow breach and because of the difficult circumstances that exist to make a decision when the conduct gives rise to criminal charges. This article examines the issues arising under the disrepute clause and the conduct required to demonstrate breach.
⢠Liability for personal injury arising from the supply of recreational services. This article discusses the liability of suppliers of recreational services for personal injury sustained by participants in recreational activities in the context of changes to the Trade Practices Act 1974 (Cth.) and the various state Civil Liability regimes.
⢠My ball: who owns the cricket ball once it crosses the boundary? There is a gap in Australian, New Zealand and English law that leaves untested the question of who rightfully owns balls knocked or kicked into a stand or over a fence during professional sporting competitions. Tradition, in most cases, dictates the balls be returned. Certainly that is true in cricket, which is the focus of this article. But the sports memorabilia market and the uncertain state of the law may tempt spectators to assert a right to keep errant balls. It is a possibility sporting organisations, the legal community, collectors and society in general would do well to consider.
⢠Disciplining athletes for off-field indiscretions: a comparative review of the Australian Football League and the National Football Leagueâs personal conduct policies. This paper compares the personal conduct policies of the AFL and NFL, which both act to govern the off-field behaviour of players and officials. It provides analysis of penalties imposed on participants, and a critique of how the leaguesâ commercial interests may influence the outcomes, as well as the judicial limits imposed on those disciplinary determinations. Both leagues hav
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