Barnard, R.G. & Ors v Australian Soccer Federation & Ors [1988] FCA 180

Barnard, R.G. & Ors v Australian Soccer Federation & Ors [1988] FCA 180

The ban imposed on the applicant is an unreasonable restraint of trade at common law. The respondents did not establish that the ban was justified by any special circumstances, as required under the principles set out in Buckley v Tutty. The fact that the ban was imposed at FIFA's insistence does not justify its legality under Australian law, and the threat or risk of reprisals by FIFA is irrelevant to the question of legality.

Jurisdiction
Australia
Judgment Date
29 April 1988
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted
Legal Topics
['restraint of Trade by Sporting Bodies' 'section 45 Trade Practices Act' 'application of Bans in Sport' "scope of 'services' Under Trade Practices Act"]
['trade Practices' 'restraint of Trade' 'sports Law'] ['restraint of Trade by Sporting Bodies' 'section 45 Trade Practices Act' 'application of Bans in Sport' "scope of 'services' Under Trade Practices Act"]

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 ['Whether a ban imposed by a sporting body constitutes an unreasonable restraint of trade under the general law' 'Whether the ban contravenes s.45 of the Trade Practices Act 1974' "Meaning of 'services' under s.4(1) Trade Practices Act and its application to a semi-professional soccer player" 'Whether acting under direction of an international sporting body (FIFA) constitutes a defence']

Ratio Decidendi

The ban imposed on the applicant is an unreasonable restraint of trade at common law. The respondents did not establish that the ban was justified by any special circumstances, as required under the principles set out in Buckley v Tutty. The fact that the ban was imposed at FIFA's insistence does not justify its legality under Australian law, and the threat or risk of reprisals by FIFA is irrelevant to the question of legality.

Court Disposition

Interlocutory injunction granted

Orders

  • ['The respondents and each of them are restrained from acting upon or in any way enforcing or attempting to enforce, in relation to the first applicant, the decision of the Australian Soccer Federation notified by the letters from the Executive Director of the Queensland Soccer Federation dated 15 February 1988...