SPORT AND THE LAW
This area of law is widely referred to as Sport and the Law – as opposed to ‘Sports Law’. Practicing law in the sports industry is about the application of commercial practice areas such contract law, intellectual property, corporations law, tort, and employment law to legal problems in the sporting industry. Contract law is by far the most important practice area for lawyers working in the sports industry because the world of sports is in essence a complex web of contractual relationships between players, teams, clubs, governing bodies, sponsors and others. Notably, sport does have its own emerging jurisprudence is sports integrity – which encompasses the rules and laws which regulate things like corruption and doping in sports.
Legal Counsel, Australian Cricketers Association
INTERVIEW
As a student, were you certain that sports and the law was the area that you wanted to practise in? If so, how did those aspirations originate? If not, what led you to practise sports and the law?
To be honest, I very quickly went from not even knowing sport and the law was an area which I could aspire to practise in, to being incredibly excited about the possibility. The turning point for me was doing the Sport and the Law subject taught by Eric Windholz during the last year of my degree. I enjoyed the subject in a way I had experienced with few other law subjects. It was great to be able to apply my legal knowledge from other subjects in a context I could understand and relate to intimately. Fortunately for me, not long after completing the Sport and Law subject and coming to the realisation that it was something which I wanted to pursue, the Australian Cricketers’ Association advertised a role for a law graduate. I applied and as if a matter of fate I was fortunate enough to land the role.
“It was great to be able to apply my legal knowledge from other subjects in a context I could understand and relate to intimately.
What is the most fulfilling part about your job?
There are too many to pick one! If I had to pick three they would be:
Working in an industry in which I have natural interest and passion for;
Working for an organisation which is invested in my development; and
Working for an organisation which aligns with my values – particularly in terms of seeking to advance the rights and wellbeing of elite cricketers in Australia.
What has been a highlight in your career?
A major highlight would be attending the Australian Cricket Awards in early 2020. It was before Covid-19 and it was great to be amongst the who’s who of Australian Cricket. Having been in some form of lockdown for the majority since, it stands out in my mind as a wonderful experience. From a work point of view, I think landing this job and being able to work with and learn from two eminent practitioners, Joe Connellan (ACA Deputy CEO, General Counsel and Company Secretary) and Graham Smith (ACA Senior Consultant), has been an amazing experience.
How does your role advocate for cricket players?
My role involves advocacy on both a collective level – for example negotiating amendments to the enterprise agreement between the Players and Cricket Australia, and on an individual level – for example helping players to enforce their employment rights. I also support the ACA more broadly in advocating for the improvement and advancement of the employment, industrial and professional rights, wellbeing and safety of past and present elite international cricketers in Australia.
How do you maintain a work-life balance?
Being able to switch off is essential for me being able to perform at my best. Two things that work well for me are prioritising exercise and proactively organising social activities. When I am working in the office, I usually ride in to work to make sure I get some exercise in. Otherwise, when working from home I make sure I ride or run most days either at lunch time or after work. I also like to have a few pre-organised social activities each week to stay committed to switching off.
“Two things that work well for me are prioritising exercise and proactively organising social activities.
What are your top tips for law students who want to practise sports and the law in the future? Was there anything you wish you knew before you began your career in sports and the law?
I was very fortunate to be in the right place at the right time and land what in all honesty is a dream gig straight out of Uni. From my brief time working in sport and the law so far, the one thing I have noticed is that while there are not many Law Grads working in-house in the sports industry, there are frequently jobs advertised for Lawyers with 2-5 years post-qualification experience. Accordingly, I would recommend getting some commercial experience and signing up to the Australian and New Zealand Sports Law Association (ANSZLA) as well as following major sporting bodies and clubs on LinkedIn to keep an eye out for jobs.
SUGGESTED ELECTIVES/ACTIVITIES:
Electives:
LAW4340 Sport and Law
Provides a great foundation for all the areas which you need to practise law in the sports industry.
LAW4132 Employment Law
LAW3112 Corporations Law
Contract Law Units (LAW2101 and LAW2102)
Experience/Activities:
No secret formula to standing out.
An intimate understanding of sports is certainly helpful
Any activities which highlight your passion for a particular sport or sports in general
Involvement in any activity which you are interested in or passionate about will help you to stand out as a proactive and motivated person.
IN THE NEWS
THE GITEAU LAW MUST BE DUMPED TODAY (THE AUSTRALIAN, 2021)
The Giteau Law which limits the players that can be drafted must be dropped to improve the popularity of Rugby in Australia.
“It is a drag on Australian rugby as it fights its way out of a dark corner.”
“The Giteau Law states a player must have 60 Test caps and have given seven years service to be picked while playing overseas.”
“If the game wants to be at the forefront of the nation’s mind again, the Wallabies need to win.”
ESPORTS REGULATOR SAYS THERE'S BEEN A 'VERY SIGNIFICANT UPTURN' IN MATCH-FIXING (ABC NEWS, 2020)
As the popularity of Esports have grown, so has the prevalence of match fixing, due to poor gambling education and high returns in the industry.
“But this particular proposal came with strings attached. It required Fnatic to secretly agree to lose matches.”
“The Esports Integrity Commission (ESIC) investigates and reports on corruption allegations across the world, and by its own admission, it's swamped.”
“In Australia, players caught match-fixing can face serious penalties, including jail time.“
WHEN IS AN IMAGE RIGHT NOT A RIGHT? A LOOK AT THE BIG BUSINESS OF SPORT STARS’ IMAGE RIGHTS IN AUSTRALIA (THOMAS GEER, 2017)
Despite no explicit law to protect ‘image rights’ in Australia, the ATO recognises a means to protect a sporting star’s image, name and personality, and the income derived from them.
“The ATO has accepted that a sportsperson can grant a licence to a third party for the use and exploitation of his or her image rights.”
“Generally, professional sports clubs pay a proportion of a player’s remuneration for the right to use a player’s image…”
“…ATO has confirmed that image rights structures are legitimate vehicles for the exploitation of images and associated rights for sports stars…”
LEARN MORE ABOUT SPORT AND THE LAW
STATE OF THE SPORTS LAW PROFESSION (SPORTS LAW COMBINE, 2021)
Check out this podcast hosted by Game Legal’s principal lawyer, Mat Jessep, featuring brilliant sports administrators and lawyers as they discuss the evolution and current state of the sports law profession.
Learn about the role of lawyers in Australian sports and the value they add to all areas of sport in Australia.
Get first-hand insights into the way lawyers are viewed in Australian sports and what is a “sports lawyer”.
TOP 10 TIPS ON HOW TO BECOME A SPORTS LAWYER 2.0 (LAW IN SPORT, 2020)
Learn the ten basic, but effective, steps to become a sports lawyer from Law in Sport Founder, Sean Cottrell.
“If you don’t like the law would you want to work for a sports agency?” Don’t pursue it if you don’t want a career in law.
“Ask for advice and assistance…Write to the people who genuinely inspires you…know what direction you want to go in.”
Link to article *Registration required to view the article, but the interview is free to listen to on SoundCloud.
James Fox works with the Australian Cricketers’ Association in the role of Legal Counsel. The Australian Cricketers’ Association (ACA) is a not-for-profit member-based association that represents Australia’s elite international and domestic, past and present cricketers. His role involves working closely with the General Counsel and Company Secretary to provide in-house legal support to all aspects of the business. He started as a law graduate at the end of 2019 after completing a double degree in Commerce and Law Monash University. As a sports enthusiast, James has found it great to be working in an industry which he is naturally passionate about.
