LAWS417: Sports Law - Law Assignment Help

This is an essay-style that consists of two parts. Part 1 requires you to identify the issues raised by the fact scenario presented as well as provide an outline of potential remedies. Part 2 asks you to draft an outline of submissions that can be presented to the Disciplinary Tribunal based on your analysis of the issues and remedies.

Sandridge Bay Stars v Deer Park Destroyers

Stewart Gilligan and Christopher Cross play for the Port Melbourne pinyata team, the Sandridge Bay Stars. The Metro Melbourne Pinyata League is one of the competitions administered by Victoria Pinyata Incorporated (VPI) which is affiliated to the national sporting organisation, Pinyata Australia, a company limited by guarantee. A pinyata team consists of 8 players and the game is a variant of a number of other sports and is a hybrid of football, basketball and handball. The Stars have had a very successful season and have reached the final of the Cup where they are due to meet their fiercest rivals, the Deer Park Destroyers.

Christopher Cross has a reputation as a violent player and has been sent off a number of times during the season – most recently in the last game against the Destroyers which culminated in an all-in, 16 player brawl. Cross’ view is that it is his job to intimidate the opposition and during the final he is warned a number of times by referee, Mickey McFinnigan for overly robust conduct. Despite Cross’ persistent violent play however, McFinnigan fails to take any more severe action even though the rules of pinyata empower the referee to “sin bin” a player as well as send him from the field of play for violent conduct. Other than Cross’ activities, the game is played in good spirits with little of the tension that has characterised previous games between the teams.

However, near the end of the match with the scores tied, Joe Swanson, playing for Deer Park, made a clear break through on goal. In an apparent attempt to stop him, Cross launched a sliding two-footed tackle to trip Swanson – a type of tackle that is specifically prohibited by the rules on pinyata on safety grounds. Cross’ feet collide with Joe’s leg and another all-in brawl ensues. Once the referee finally restores order he sends Cross off and he shows Stewart Gilligan a “yellow card” to indicate the imposition of a temporary suspension in the sin bin. Gilligan was particularly aggrieved to be “binned” as it was clear that he had only been trying to stop the altercations and had been punched by the Destroyers player, Bertram Griffin while he (Gilligan) had been trying to get away from the fighting players. In fact, Griffin had run over 25 metres to get involved in the fracas.

McFinnigan takes no other action against any of the other fighting players. After restoring order McFinnigan becomes involved in a heated argument with the Captain of the Destroyers over the positioning of the free kick resulting from Cross’ tackle. As a result McFinnigan decides to call the game off and later sends in a score card and a report to the Auckland Volata League indicating that the game should be recorded as a 5 – 0 win to the Forrest Hill Destroyers due to a “forfeit” by the Stars.

Both Gilligan and Cross are summoned to attend a disciplinary hearing on the Tuesday following the game. Cross is advised that he is to face a charge of “Dangerous Tackling of an Opponent” and Gilligan, a charge of “Striking another Player with a hand, arm or fist”. However, just before entering the room in which the hearing is to be held, Gilligan is told that the charge he is facing has been amended to “Dangerous pushing or obstructing or grabbing of an Opponent”.

The President of the VPI has previously appointed Neil Goldman, John Herbert, Tom Tucker, Diane Simmons and Dylan Flannigan to the Judicial Panel. At the same time, it was announced that Diane Simmons, Dylan Flannigan, Glenn Quagmire & Adam West had been appointed to the Appeal Panel. West remains out of the country on long-term stress leave and Quagmire’s membership of the Destroyers has lapsed as he has not paid his subscription.

The CEO of VPI nominates Goldman, Herbert and Tucker to form the Judicial Committee for Tuesday’s disciplinary hearing. At the hearing following the admission of the referee’s report,

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Cross indicates that he is guilty of the charge. The Judicial Committee determines that Cross’ tackle was at the top end of the scale of seriousness of offending and taking into account the other factors, suspends Cross for a total of 8 weeks.

Stewart Gilligan tries to explain the situation as he remembers it, but remains flustered by the addition of the other “persistent offending” charges. He explains that he was in fact, trying to avoid the fight but the Committee suspends him for 5 weeks on that charge, determining that his action were at the mid-range of seriousness. The Committee admits the referee’s reports in respect of the previous two yellow cards and the notice that was ostensibly sent to Stewie Callaghan. All three notices were handwritten and it is not possible to accurately read the name of the player concerned. In the absence of further evidence, the Committee determines that Gilligan is the player concerned – it decides to impose, on top of the automatic one week suspension, another one week’s suspension due to the nature of the “offence” in the Finals match; this means that Stewart Gilligan is suspended for a total of seven weeks.

Pleased with themselves for coming to these decisions rapidly and therefore having some time on their hands, the Committee (following its understanding of Rule 45) also decides to determine the issue of the match being called off. They are surprised that the Coach of the Stars, Elmer Hartman is not in attendance but the Coach lives out of town and the rural mail service has yet to deliver the correspondence sent to him pursuant to Rule 22.2. The Coach of the Destroyers is however, keen to continue and the Committee decides that the Stars were responsible for the Match being called off and that the Referee’s reasons for taking such action were correct in the circumstances. It proceeds to endorse the Referee’s approach and awards the Cup to the Destroyers.

Both Stewart Gilligan and Elmer Hartman (once he finally receives the correspondence from the League) are outraged at the outcome of the Judicial Committee and wish to appeal. While wondering how they should proceed, they find out that a friend of Cross’ was filming parts of the game on his mobile phone. They obtain a copy of the film which clearly shows the tackle made on Swanson and the argument that ended the match. However, the spectator’s arm was jostled while filming some of the events so the film does not clearly show Griffin striking Gilligan. However, the images do strongly imply that Griffin has joined the fracas from a distance and interacted with Gilligan while he (Gilligan) was trying to move away. Gilligan and Hartman contact the CEO of VPI Inc by telephone to indicate that they intend to appeal. The CEO informs them that if an Appeal hearing eventuates, the Appeal Committee will consist of Simmons, Flannigan and Quagmire and that because he is the most experienced, Herbert will as usual, provide advice and record the proceedings.

Part 1

Gilligan and Hartman approach the firm of Niblick, Cleek and Spoon (a specialist sports law firm) to advise them. The partners instruct you, as the staff solicitor at Niblick, Cleek and Spoon to write an opinion advising Gilligan and Hartman in respect of all of their rights and obligations and the grounds they may have for advancing an appeal (if any). Your advice – if you consider it appropriate – should also include further rights (if any) that Gilligan and Hartman may have in the event that the outcome of their appeals is unsatisfactory and/or any other claims that may be available (if any).

Part 2

Draft submissions for presentation to the Appeal Hearing on behalf of Gilligan and Hartman.