Most sporting organisations have a set of rules and a Tribunal system to deal with infringements of the rules. In our experience many of these rules, whilst well meaning, can be ill conceived to the point where they actually fall foul of the area of law known as administrative law. Certain rights, such as the right to a fair trial, the right to be heard, the right to know the charges against you, are inalienable rights that the Tribunal must obey. For instance even if they have a rule trying to excuse themselves from allowing you some right that is necessary for a fair trial, the Supreme Court has said time and time again that regardless of the Tribunal’s rules you are entitled to a fair hearing, even in ’non-legal’ or non-court proceedings such as tribunals. Coode & Corry can assist you with any charges you receive from these Tribunals.
The French jockey who won the Melbourne Cup, Gerald Mosse, was fined by the stewards for blowing a kiss to the crowd before the finishing post. Whilst the fine was only 300 US dollars it is a lesson in the intricate rules surrounding some sports.
Mosse was informed that it is an offence in Australian racing to make a celebratory gesture before the winning post. During the hearing Mosse indicated that he was surprised by the rule, as he had raced in many countries and had not encountered this rule anywhere else. Mosse also indicated that he “got caught up with the crowd, the atmosphere”, which is understandable for a man winning the Melbourne Cup.