MLC310 Sport and the Law

Task:

Unit Learning Outcome

1. Understand the institutional characteristics and specific legal issues relating to sport, in particular those that are critical for comprehending the legal and ethical concerns in the field of sports management, from the community (amateur) through to the elite (professional) level setting.

2. Apply legal reasoning skills, through the identification, analysis, and application of relevant legal rules pertinent to hypothetical legal fact situations relating to sport (at all levels) both in Australia and internationally

Overview of this assessment

Your task is to provide solutions to the legal issues posed in the MCS Test and the problem based questions, drawing on the legal principles covered in Topics 1 and 2. This assessment is based on your course materials for Topics 1 and 2. It is NOT a research task. The materials which you should refer to when preparing your answer include the textbook, power points, and cases referred to in the materials. However, do not cite or reference power points, or the textbook. Cite relevant cases and legislation only.

Problem-based question 1

The Trident Athletics Club (TAC) is an association set up to allow its members to participate and compete in the South Victorian Athletics Club competition. The club practises athletics at Lingham Sports Centre, a community sports facility run by Stratham Council in Victoria. The Club has a contract with Stratham Council ($3000 per year for 3 years) to use one of the ovals every Tuesday and Thursday from 6-9pm. This contract was signed by Sally Innes as the ‘nominating trustee’ of the Club, in the name of the Club (TAC), however Sally was never nominated as a trustee of the Club through any 87tr or governance structures. Stratham Council are approached by Albion Athletics Club (AAC) to request use of the same oval each Thursday at the same time the TAC use that facility. AAC offer $5,000 per year for the use of the oval on that day for the same time and duration (6-9pm) as TAC. Stratham Council are very short on cash and want to see if there’s a way to cancel their existing contract with Trident Athletics Club, so they can take up this new opportunity.

Advise Stratham Council of the effect of its contract with TAC.