Chipperfield v Barataud [2006] NSWIRComm 31

Chipperfield v Barataud [2006] NSWIRComm 31

The contracts and arrangements were unfair because the respondent was permitted to obtain and claim payments from the applicant despite performing no work and providing no service in negotiating the Basel FC employment contracts, the exclusivity clause harshly deprived the applicant of the ability to negotiate employment contracts on his own behalf, and the respondent retained $35,000 paid for a shareholding in Australian Beach Soccer Management Pty Ltd without providing shares or any benefit.

Jurisdiction
Australia
Judgment Date
09 February 2006
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 Concerning Alleged Unfair Contracts or Arrangements / Ex Parte Hearing and Judgment After No Appearance by the Respondent
Outcome
Application granted; the relevant contracts and arrangements were voided from their commencement and monetary and costs orders were made against the respondent.
Legal Topics
['unfair Contracts' 'professional Football Player Agent Contract' 'ex Parte Hearing' 'commission Payments' 'exclusivity Clause' 'void Contracts or Arrangements' 'costs']
['industrial Relations' 'contract Law'] ['unfair Contracts' 'professional Football Player Agent Contract' 'ex Parte Hearing' 'commission Payments' 'exclusivity Clause' 'void Contracts or Arrangements' 'costs']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 Concerning Alleged Unfair Contracts or Arrangements / Ex Parte Hearing and Judgment After No Appearance by the Respondent

Legal Issues

  1. 1 ["Whether the oral and written players' agency contracts or arrangements between the applicant and respondent were contracts whereby work is performed in an industry for the purposes of s 106 of the Industrial Relations Act 1996." 'Whether the contracts or arrangements were unfair because they permitted the respondent to claim commission where he performed no work and provided no service in negotiating employment contracts with Basel FC.' 'Whether the exclusivity clause in the written contract was harsh and unfair.' 'Whether the contract or arrangement for a shareholding in Australian Beach Soccer Management Pty Ltd was unfair where the applicant paid $35,000 but received no shareholding or benefit.']

Ratio Decidendi

The contracts and arrangements were unfair because the respondent was permitted to obtain and claim payments from the applicant despite performing no work and providing no service in negotiating the Basel FC employment contracts, the exclusivity clause harshly deprived the applicant of the ability to negotiate employment contracts on his own behalf, and the respondent retained $35,000 paid for a shareholding in Australian Beach Soccer Management Pty Ltd without providing shares or any benefit.

Court Disposition

Application granted; the relevant contracts and arrangements were voided from their commencement and monetary and costs orders were made against the respondent.

Orders

  • ['The contracts or arrangements (including the written contract dated 1 June 2002 and headed "Players\' Agent\'s Regulations Annexe C: Standard Representation Contract") between Scott Chipperfield and Alain Barataud relating to the provision of management or players\' agent services by Alain Barataud to Scott...