Petition updateInquiry into ethics/practices of ASADA AFL WADA antidoping case against the 34 EFC playersThe Essendon 34: A New Perspective

Philip NelsonAustralia
22 Mar 2016
Sports Lawyer Allistar Twigg from Snedden Hall & Gallop Lawyers writes:
"In Australia, prima facie, all restraints of trade are unlawful as contrary to public policy and therefore void. This general rule has exceptions. Restraints of trade and interference with individual liberty of action may be justified by the special circumstances of a particular case. But in all cases, such restriction must be reasonable: that is, in reference both to the interests of the parties concerned and to the public interest. And the person seeking to rely upon the restraint must show that it is no more than reasonably necessary to protect its legitimate commercial interests.
It would seem that, in this case, the arbitration agreement amounts to a restraint of trade: it seeks to prevent AFL players from resolving their grievances through any channels other than the CAS which has, by its decision, stopped them from pursuing their livelihood.
So then the question needs be asked: is it reasonable with respect to the interests of all the parties concerned and to the public interest?"
Read the full article below.
Why are our sports people subject to this bureaucratic twilight zone where all normal rights and options one would normally apply, are either removed or or lost if you want to play sport?
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