Outline

Overview

The law of sport is a commercial law subject. This is to be expected in an industry that is a major economic driver, generating revenue in the billions of dollars each year in Australia. Indeed, with the rise of the digital media, internationalisation and the elevation of female competitions, sport is one of the world's fastest growing enterprises. With that growth comes recognition of how the law guides and affects the business of sport and, in consequence, reflects a growing demand for lawyers with pertinent expertise. The establishment of a Federal Sports Tribunal by the Australian government, to run from 2020, underlines further the role of the law in sport and the increasing need for specialised expertise. Major sporting events such as an Australian grand final or an international fixture rely on legal advice touching on areas as diverse as event management, marketing and intellectual property, the avoidance of tortious law suits and the prosecution of on-field criminal assaults. Moreover, the public interest and financial stakes involved in sport disputes often leads to litigation within a few weeks of a cause of action arising. The increasing number of law journals in North America and Europe publishing on sport is testament to the importance of the law of sport and is some recognition of a developing 'lex sportiva'. Legal issues within in the context of sport are myriad, and almost inevitably find their way into media discussion, for example: when can an athlete's contract be terminated for off-field misconduct; when can an athlete be jailed for on-field violence; what legal rights of appeal are there for non-selected athletes; when can an athlete be prosecuted for corruption or doping; to whom do team doctors owe a duty of care; are athletes illegally exploited by major sporting organisations; are sport disciplinary tribunals entitled to cancel an athlete's contract; what role does reasonableness and proportionality play in athlete discipline; how can a sporting organisation deal with claims of discrimination; are coaches and clubs legally liable for the actions of their athletes; is it legal to exclude an athlete or member of the public from a sporting venue; when is a referee legally liable in the tort of negligence? A great advantage of this subject it that complex legal issues are discussed in a factual setting most are familiar with, thereby promoting meaning, interest and understanding.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS5001 and LAWS5002 and LAWS5006
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	David Thorpe, david.thorpe@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	Class presentation (20%) Oral presentation	20%	Multiple weeks	1200 words equivalent/12 minutes
Outcomes assessed:
Assignment	Written paper (20%) Written report based on class presentation	20%	Multiple weeks	1200 words
Outcomes assessed:
Assignment	Research project outline (0%) Outline of Research project for prior approval	0%	Week 05 Due date: 02 Sep 2022 at 17:00 Closing date: 09 Sep 2022	250 words/5 weeks
Outcomes assessed:
Assignment	Research project (60%) Written report	60%	Week 13 Due date: 31 Oct 2021 at 18:00 Closing date: 07 Nov 2022	3600 words
Outcomes assessed:
= hurdle task ? = group assignment ?

Assessment summary

Class presentation (20%): Students, in teams of two or more, will be given an article or case by the lecturer from which to prepare a class presentation and submit a written paper. The materials are to be sent in advance of the presentation to the lecturer.
The 'oral presentation' (Assessment Task 1) and the 'written submission' (Assessment Task 2) are based on the same article or case.
The presentation should not exceed 12 minutes (approximately 6 minutes each for a two-person team, though time may be modified according to class size and number) - marks may be deducted for rambling on. The presentation will be a truncated version of the formal written submission (Assessment Task 2) with, in addition, commentary and use of related materials. Students are free to disagree with the thrust of anarticle or finding of a case, provided that a sustainable argument or point of view can be made.
Any (relevant) form of presentation or communication is permitted. However, bear in mind, the task is to communicate information to the class – the use of media resources is a tool, not an end in itself. The oral presentation is very much about the art of communication. Although part of a team, students will be allocated individual marks for their presentation. While the preparation for the presentation is a matter of cooperation and collaboration, students must do approximately equal work and share the time of presentation roughly equally.
Written paper (20%): Students will prepare a 1200 word written submission based on their class presentation, that critically reviews a chosen article or case.The presentation and written submission will aim to critically review the particular article or case. There is scope for argument and disagreement by the student with the theme of the article or the views expressed within the judgment. In fact, any related material may be utilised to inform the class. The idea is for the student to explore those areas they think are interesting and relevant to the article or case – in this sense the student is given a free hand and is only confined by the broad relevance of the information, provided they keep to the theme of the article or case. To reiterate, the theme or argument is to be explored; there is no warrant for exploring a different theme because the general subject matter is the same. It is envisaged that members of a team will work cooperatively and come to similar views on the article or case. However, where there is massive disagreement, each student is to indicate why their view is different to the other. The written paper is due at 6pm on the day of the presentation.
Research project Outline (0%): By the end of Week 5 student should submit a 250 word Outline that indicates their proposed Research project topic/title and a short draft abstract of their proposal, as well as the sources they plan to use in researching their topic. This preparatory submission gives students the opportunity to practise articulating the key topic and core argument they wish to address in their final written essay. Should any difficulties be evident, the lecturer will discuss these with the student, although in almost all cases the decision to proceed will be that of the student. The due date is 5pm on 2 September, 2022, and normal Special Consideration rules will apply for requests for extensions until the closing date. After the closing date of 5pm 9 September, 2022, students will need to formulate an alternative topic.
Research project (60%): Students are required to write a research project on a topic of their choice pertinent to sports law. The word limit is 3600 words and while footnotes are not included in the word count, the inclusion of text that should be within the body of work should not be placed in a footnote. This task requires students to present a written argument in a structured and analytical manner about an issue, policy or principle of sports law which currently is, or recently has been, the subject of public debate. In the alternative, students may select a topic on a theoretical or historical aspect of sports law provided it is approved by the lecturer. In all cases this is submitted as the Research Paper Outline. The due date is 6pm on 31 October, 2022. In addition to the electronic submission on Canvas, a hard copy should be handed in to the lecturer at the beginning of class on the due date of 31 October.

Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 6pm but by 11.59pm on the due date for submission will attract a 10% penalty. A submission on the following after after 12 midnight will attract a 30% penalty, and so on.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Violence in sport	Seminar (3 hr)
Week 02	Violence in sport	Seminar (3 hr)
Week 03	Sport, disciplinary and arbitrary tribunals	Seminar (3 hr)
Week 04	Doping	Seminar (3 hr)
Week 05	Doping	Seminar (3 hr)
Week 06	Discrimination in sport	Seminar (3 hr)
Week 07	Negligence and civil liability	Seminar (3 hr)
Week 08	Negligence and civil liability	Seminar (3 hr)
Week 09	Restraint of trade and anti-competitive practices and sport	Seminar (3 hr)
Week 10	Behavioural misconduct	Seminar (3 hr)
Week 11	Corruption and gambling	Seminar (3 hr)
Week 12	Athlete selection	Seminar (3 hr)
Week 13	Athlete and player agents	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements must be satisfied by in person attendance. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Reading List, available on Canvas.

Thorpe, Buti, Davies, Jonson, Sports Law, 3rd ed. 2018, Oxford University Press, Melbourne.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. appreciate the impact law has on the industry of sport and identify and critically analyse the legal issues sporting organisations and athletes face
LO2. identify and evaluate links between the sports law content and other areas of law
LO3. locate and synthesise research relevant to critically evaluate factual and legal sporting issues
LO4. construct clear, original and persuasive oral and written arguments that are supported by research and textual readings
LO5. identify and analyse sports law issues from facts and offer modes of resolution
LO6. demonstrate enhanced skills of collaboration and negotiation as a result of participating in group-oriented work.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes made since last offered.

Additional information

The learning objective of interactive lectures and classes:

Sports Law seeks to enhance learning through lectures that are interactive. To gain the full benefit of this form of lecture requires students to prepare each week ready to participate in the class. Your learning will be most effective when you are actively engaged in the learning process. Therefore, all students undertaking Sports Law are encouraged to prepare before class and actively participate in class. The value of interactive learning and teaching lies in its encouragement of higher-order thinking skills such as critical analysis and evaluation.

During the interactive lecture, the prepared material will be discussed and debated with resources such as video and media articles used to stimulate class involvement. With pre-class preparation, students will be able to identify a legal issue, apply the law to that issue, argue and debate in the lecture in respect to that issue, and offer a legal opinion as to the likely outcome. Students are encouraged to bring to class media items collected during the week relevant to the subject and lead discussion of those issues.

A great advantage of this subject is that while the law is often complex, the facts to which the law is to apply are readily discernible and understandable.

Resources - Sydney Law Students

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5163: Sports Law

Semester 2, 2022 [Normal evening] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect