Bringing you the latest legal news, information and insights impacting the sport and leisure industry.
Federal Court ruling on expression of political opinion
Summary
The Federal Court has held that the Australian Broadcasting Corporation (ABC) contravened the Fair Work Act 2009 (Cth) (FW Act) by unlawfully terminating the employment of journalist Antoinette Lattouf, for reasons including her political opinion.
In December 2023, during her five-day stint hosting the Sydney Mornings program for the ABC, Ms Lattouf reposted a Human Rights Watch video in relation to the war in Gaza. When the ABC subsequently took Ms Lattouf off the air before she had completed the two remaining shifts in her engagement, she made an application to the Federal Court alleging contravention of the FW Act.
Section 772(1) of the FW Act prohibits the termination of employment on grounds including political opinion. Several of the reasons for terminating Ms Lattouf's employment were found to be interconnected with her sharing the Human Rights Watch post.
Issues for sport
The Federal Court's decision in Lattouf v ABC further reinforces the need for employers to:
- clearly communicate their expectations of employees when it comes to social media; and
- comply with any applicable enterprise agreement and policy / procedural obligations before taking disciplinary action, even in relation to casual or contract employees.
For a more detailed analysis of the decision in Lattouf v ABC, please refer to the Legal Insight prepared by our Workplace Relations & Safety team.
Two football players charged under Victorian match fixing criminal laws
Summary
Victoria Police have charged two football players for their alleged involvement in a betting scandal based on what police call a 'player to be carded wagering manipulation'. One is an A-League player for Western United, and the other individual is allegedly a state league player.
The offences relate to information or conduct that did, or could, corrupt a betting outcome.
Police allege that four A-League matches in April and May 2025 that are the subject of the charges involve one player intentionally receiving yellow cards.
What are the match fixing laws?
Under the Victorian Crimes Act:
- a person must not engage in conduct that corrupts or would corrupt a betting outcome of an event or event contingency (eg i.e. deliberately receiving a yellow card to satisfy a bet of that nature);
- a person must not offer to engage in, or encourage another person to engage in, conduct that corrupts or would corrupt a betting outcome of an event or event contingency; and
- a person must also not enter into an agreement in respect of conduct that corrupts or would corrupt a betting outcome of an event or event contingency.
Issues for sport
Sports, particularly NSOs, SSOs and league administrators, should remain alert to potential match or race fixing, which is prohibited conduct under the National Integrity Framework and may also constitute criminal conduct by individuals involved.
Macarthur FC owners accuse FA of misleading pre-contractual representations
Summary
The consortium owners of A-League club, Macarthur FC, have filed an application in the Federal Court of Australia, alleging that Football Australia (FA) engaged in misleading and deceptive conduct during the process leading to their acquisition of the club.
The owners claim that, as part of their entry into the league, FA promised that Macarthur FC would receive $3.25 million per year as a distribution for participation in the league. The owners claim that the allegedly promised distribution played a critical role in their business plan and bid for the A-League licence in 2018.
Shortly before entering the league in 2020, FA informed Macarthur that they would not be receiving the $3.25 million as promised. FA cited financial uncertainty stemming from the then-broadcaster, Foxtel, being unlikely to extend their broadcast deal.
The club is asking the Court for compensation regarding the $9.6 million they have paid to operate the club, as well as repayment of the principal and associated costs of the Westpac financing.
Issues for sports
While the matter is still before the Courts, this application should serve as a reminder that pre-contractual representations can give rise to liability risk. Parties should only make representations that are accurate (and that will continue to be accurate) and should provide all relevant information when negotiating contracts.
ATO seeking to wind up Brisbane Roar - insolvency risks for sporting clubs
Summary
The ATO has applied to have A-League club, Brisbane Roar, wound up over a six-figure tax liability. In 2015, the Roar faced two separate winding-up applications and were unable to pay players and staff in June of the same year.
Issues for sport
This case serves as a timely reminder for sporting organisations of the critical importance of sound financial management. Despite their public and cultural prominence, they remain subject to the same legal and financial obligations as any other business. Effective governance and fiscal responsibility are essential to ensuring long-term viability and avoiding legal or operational risks.
Increased private investment in sport
Summary
Several factors are driving the surge in sports M&A activity in the Australian market, including:
- an increase in global streaming;
- valuation growth among clubs; and
- the increase of global multi-club ownership.
A recent example of the value placed on broadcasting rights is DAZN’s 100% acquisition of Foxtel from News Corp and Telstra for AUD3.4 billion, highlighting the commercial potential of streaming in sports.
Multi-club ownership has also increased in popularity over recent years, with over 300 football clubs worldwide falling within a multi-club ownership umbrella. Most notably in the Australian market was City Group's acquisition of Melbourne City FC back in 2014.
The NBL has recently experienced growth in club acquisitions, with Brisbane-based Altor Capital recently acquiring a 51% stake in the Tasmanian JackJumpers in a deal valuing the club at approximately $35 million and Sport Entertainment Group owner Craig Hutchinson sold the Perth Wildcats for a reported $40 million.
While sports M&A activity in Australia and New Zealand has yet to reach the eye-watering figures seen in the US and Europe, the region is increasingly viewed as attractive for strategic investment. As governance models evolve and commercial opportunities expand to align with global standards, the domestic space is one to watch.
All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.
