People

Kate McGurk

Kate McGurk
Senior Associate
Corporate
Kate McGurk

Kate has a broad range of experience in sports law and corporate and commercial law. She advises public and private companies on a range of corporate and commercial matters as well as state and national sporting organisations, athletes and professional sporting clubs on sports-related matters.

Experience

Kate has a strong involvement in, and understanding of, the sports industry through her professional and voluntary roles across a number of sporting organisations, disciplinary tribunals and codes. Kate combines her knowledge and expertise in this area with her passion for sport to provide pragmatic and commercially sound advice to her clients.

Kate's areas of expertise include:

  • drafting and advising on commercial contracts and arrangements including sponsorship agreements
  • sports governance including constitutions, policies and procedures
  • Corporations Act and associations legislation advice
  • advising on board and director duties and issues
  • tribunal and disciplinary matters
  • drafting and advising on organisational policies including member protection and child safety policies
  • risk management processes

Career Highlights

Kate's career highlights include:

  • advising three national sporting organisations on the establishment of a new combined high-performance sports entity to lead, manage and operate each of their high-performance programs, including advising on a governance structure, preparing the new entity's constitution, registration and associated advice
  • advising a large state sporting organisation on whether, due to COVID-19 restrictions, its flagship competition could be cancelled, and a new alternative competition established or, alternatively, whether the competition could continue with a varied structure and format, and the legal implications and risks arising from each of those options
  • being appointed as Chairperson of the Football West disciplinary tribunal, and as a member of the Rugby WA and WACA disciplinary tribunals whereby she heard and decided on sports-related disciplinary and grievance matters
  • advising a national sporting organisation in relation to several child safety allegations and the disciplinary and procedural matters arising from such allegations; drafting letters to the complainants and the respondent, advising on matters of procedural fairness and investigations and the application of the member protection and child safety policies in the circumstances
  • advising a large and internationally reputable member-based organisation in connection with changing its legal status from an incorporated association to a company limited by guarantee and associated matters relating to general meetings and member approvals, constitutional matters, corporate compliance and ASIC requirements
  • advising a large state sporting organisation in relation to the restructure of its development councils and the associated administrative and legal requirements
  • advising a newly-established merged national sporting organisation in connection with the drafting of a nation-wide compliant incorporated association constitution which complied with the varying legal requirements of each of the state-based associations legislation, and
  • working in-house in a large state sporting organisation and assisting in the redrafting of the state league club licensing, funding agreements, and rules and regulations

Insights by Kate