The High Court of Australia recently delivered its highly anticipated judgment in Stubbings v Jams 2 Pty Ltd (2022) 399 ALR 409 (‘Stubbings (HCA)’). The case represents the most recent examination of the unsettled statutory doctrine of unconscionability in the land’s highest judicial forum. Regrettably, the High Court spurned the opportunity to clarify several lingering questions that continue to plague the doctrine. These questions concern matters ranging from the proper distinction between the various unconscionability provisions in the consumer law to the requirements needed under each. This article extrapolates what it can from Stubbings (HCA) and other leading cases to try and add clarity to the frequently litigated but poorly understood statutory unconscionability doctrine.
澳大利亚高等法院最近在Stubbings v Jams 2 Pty Ltd（2022）399 ALR 409（“Stubbings（HCA）”）一案中作出了备受期待的判决。该案是对该国最高司法法院尚未解决的不合情理法定原则的最新审查。令人遗憾的是，高等法院拒绝了澄清继续困扰该学说的几个悬而未决的问题的机会。这些问题涉及的问题从消费者法中各种不合情理条款之间的适当区别到每种条款所需的要求。本文从Stubbings（HCA）和其他主要案件中推断出它可以做些什么，试图为经常提起诉讼但却鲜为人知的法定不合情理原则增添清晰度。
{"title":"Still Jammed! Lingering Questions About the Statutory Unconscionability Doctrine Post Stubbings v Jams 2 Pty Ltd (2022) 399 ALR 409","authors":"M. Giancaspro","doi":"10.53300/001c.71305","DOIUrl":"https://doi.org/10.53300/001c.71305","url":null,"abstract":"The High Court of Australia recently delivered its highly anticipated judgment in Stubbings v Jams 2 Pty Ltd (2022) 399 ALR 409 (‘Stubbings (HCA)’). The case represents the most recent examination of the unsettled statutory doctrine of unconscionability in the land’s highest judicial forum. Regrettably, the High Court spurned the opportunity to clarify several lingering questions that continue to plague the doctrine. These questions concern matters ranging from the proper distinction between the various unconscionability provisions in the consumer law to the requirements needed under each. This article extrapolates what it can from Stubbings (HCA) and other leading cases to try and add clarity to the frequently litigated but poorly understood statutory unconscionability doctrine.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42017311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Samantha Jeffries, Helena Menih, Zoe Rathus AM, R. Field
In Australia, family reports are an influential expert assessment of a family usually undertaken in contentious family law parenting matters by social workers or psychologists, known as family report writers. This article presents findings from in-depth interviews with 10 private family report writers about their experience of undertaking assessments, particularly in cases where domestic and family violence is alleged. The study reveals a number of concerns that mirror the findings of previous Australian and international research in this area. For example, concerns were raised about the quality and efficacy of training and access to other resources, professional isolation, the efficacy of the family report assessment process, and divergence in understandings of domestic and family violence. A critical issue raised in the study relates to the pro-contact and co-parenting culture of the Australian family law system, which can significantly impact the family report writing process and may have repercussions for the safety of victims of domestic and family violence and their children. Responding to and drawing from the family report writers’ lived experiences, we offer suggestions for reform that aim to improve the efficacy of the family report assessment process and therefore the justice and safety of outcomes in matters where a family report is deemed necessary.
{"title":"Domestic and Family Violence and Private Family Report Writing Practice in the Australian Family Law System: A Study","authors":"Samantha Jeffries, Helena Menih, Zoe Rathus AM, R. Field","doi":"10.53300/001c.70233","DOIUrl":"https://doi.org/10.53300/001c.70233","url":null,"abstract":"In Australia, family reports are an influential expert assessment of a family usually undertaken in contentious family law parenting matters by social workers or psychologists, known as family report writers. This article presents findings from in-depth interviews with 10 private family report writers about their experience of undertaking assessments, particularly in cases where domestic and family violence is alleged. The study reveals a number of concerns that mirror the findings of previous Australian and international research in this area. For example, concerns were raised about the quality and efficacy of training and access to other resources, professional isolation, the efficacy of the family report assessment process, and divergence in understandings of domestic and family violence. A critical issue raised in the study relates to the pro-contact and co-parenting culture of the Australian family law system, which can significantly impact the family report writing process and may have repercussions for the safety of victims of domestic and family violence and their children. Responding to and drawing from the family report writers’ lived experiences, we offer suggestions for reform that aim to improve the efficacy of the family report assessment process and therefore the justice and safety of outcomes in matters where a family report is deemed necessary.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Energy drinks are non-alcoholic beverages with caffeine and additives, such as Guarana extract, taurine and ginseng. Manufacturers heavily promote them through social media as increasing physical and mental energy. The drinks can cause serious negative health consequences, particularly for children, such as mental health issues and weight gain. COVID-19 made these same health challenges, mental health and weight gain, worse for children. Consequently, Australian Governments must follow the lead of the British Government and other overseas governments and legislate to ban the sale of energy drinks to children under the age of 18. The author believes that this article is the first to consider implications of COVID-19 when deciding to legislate to ban the sale of energy drinks to young people under the age of 18 in Australia.
{"title":"Don’t Raise your Glass: Post COVID-19 it is Critical to Pass Legislation to Ban the Sale of Energy Drinks to Children","authors":"M. Bromberg","doi":"10.53300/001c.68185","DOIUrl":"https://doi.org/10.53300/001c.68185","url":null,"abstract":"Energy drinks are non-alcoholic beverages with caffeine and additives, such as Guarana extract, taurine and ginseng. Manufacturers heavily promote them through social media as increasing physical and mental energy. The drinks can cause serious negative health consequences, particularly for children, such as mental health issues and weight gain. COVID-19 made these same health challenges, mental health and weight gain, worse for children. Consequently, Australian Governments must follow the lead of the British Government and other overseas governments and legislate to ban the sale of energy drinks to children under the age of 18. The author believes that this article is the first to consider implications of COVID-19 when deciding to legislate to ban the sale of energy drinks to young people under the age of 18 in Australia.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43815288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Social justice advocates often look to the law to solve complex social problems, but what if the law is not able to live up to this challenge? Even successful legal advocacy can have unintended consequences, and well-intentioned changes to the law sometimes do not accord with the wishes of those they affect. With this in mind, it is important to consider the role of lawyers, and the law, in social change, and to appreciate what can and cannot be achieved through changes to the law and legal systems. Here, I reflect on my own advocacy ‘failures’ and explain what I have learned from them. I conclude that lawyers have an important contribution to make to social change movements, however it is important that they listen to, understand and involve people with lived experience in their advocacy efforts.
{"title":"Can We Fix It? Law, Lawyers and Social Change","authors":"T. Walsh","doi":"10.53300/001c.68067","DOIUrl":"https://doi.org/10.53300/001c.68067","url":null,"abstract":"Social justice advocates often look to the law to solve complex social problems, but what if the law is not able to live up to this challenge? Even successful legal advocacy can have unintended consequences, and well-intentioned changes to the law sometimes do not accord with the wishes of those they affect. With this in mind, it is important to consider the role of lawyers, and the law, in social change, and to appreciate what can and cannot be achieved through changes to the law and legal systems. Here, I reflect on my own advocacy ‘failures’ and explain what I have learned from them. I conclude that lawyers have an important contribution to make to social change movements, however it is important that they listen to, understand and involve people with lived experience in their advocacy efforts.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47768708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of this paper is to illustrate Denis Ong’s facility for identifying the hard questions of trusts law with reference to his analysis, in Trusts Law in Australia, of a settlor’s intention to create a trust. As we will see, this is not a simple matter of ascertaining, from writing or other evidence, that an intention to create a trust has been manifested. A court may have to go further in some cases and consider whether the settlor possessed a genuine intention to create a trust, or whether the intention is, in some sense, counterfeit. This may be because the putative trust is a sham. Even if it is not a sham, there may be other reasons why the arrangement put in place by a settlor cannot be characterised as a trust. Recent decisions, considered later in this paper, have highlighted the distinction between true and counterfeit intention.
{"title":"The Role of True and Counterfeit Intentions in Creating Trusts","authors":"M. Bryan","doi":"10.53300/001c.55616","DOIUrl":"https://doi.org/10.53300/001c.55616","url":null,"abstract":"The aim of this paper is to illustrate Denis Ong’s facility for identifying the hard questions of trusts law with reference to his analysis, in Trusts Law in Australia, of a settlor’s intention to create a trust. As we will see, this is not a simple matter of ascertaining, from writing or other evidence, that an intention to create a trust has been manifested. A court may have to go further in some cases and consider whether the settlor possessed a genuine intention to create a trust, or whether the intention is, in some sense, counterfeit. This may be because the putative trust is a sham. Even if it is not a sham, there may be other reasons why the arrangement put in place by a settlor cannot be characterised as a trust. Recent decisions, considered later in this paper, have highlighted the distinction between true and counterfeit intention.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43523543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Professor Denis Ong was a educator in equity and commercial law for decades at Bond University until in death in 2021. This article canvasses the career of Professor Ong touching on his approach to teaching and assessment; his time as a controversial Head of School at Macquarie Law School in the late 1980s and his published books. The article provides some perspectives about critical legal theory which was pivotal to the difficulties that arose in regard the Macquarie Law School and how it impacted on Professor Ong. The article also provides an analysis of the approach taken by Professor Ong in considering significant areas of equity, property law and commercial law in his own writing style sometimes focussing on what he considered were errors by judges. The black letter approach of Professor Ong is clear in his approach to his writing and analysis of case law. The article outlines a number of reviews for Professor Ong about his nine books all published by Federation Press.
{"title":"The Words and Acts of a Black Letter Scholar","authors":"M. Weir","doi":"10.53300/001c.55617","DOIUrl":"https://doi.org/10.53300/001c.55617","url":null,"abstract":"Professor Denis Ong was a educator in equity and commercial law for decades at Bond University until in death in 2021. This article canvasses the career of Professor Ong touching on his approach to teaching and assessment; his time as a controversial Head of School at Macquarie Law School in the late 1980s and his published books. The article provides some perspectives about critical legal theory which was pivotal to the difficulties that arose in regard the Macquarie Law School and how it impacted on Professor Ong. The article also provides an analysis of the approach taken by Professor Ong in considering significant areas of equity, property law and commercial law in his own writing style sometimes focussing on what he considered were errors by judges. The black letter approach of Professor Ong is clear in his approach to his writing and analysis of case law. The article outlines a number of reviews for Professor Ong about his nine books all published by Federation Press.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48520733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2020, the COVID-19 pandemic forced law schools to rapidly transition to remote delivery of their programs and to place a greater emphasis upon technology-enhanced learning. Those legal academics who were unfamiliar with this method of delivery were obliged to very quickly develop their digital skills to facilitate this transition. The outcomes of this transition were mixed: while most law schools managed to continue to deliver their programs during the pandemic, student feedback about the quality of the remote delivery was not always positive. Nevertheless, the emphasis upon remote delivery and technology-enhanced learning is likely to continue and even increase in the coming years. In this paper I interrogate the assumption that the rapid and obligatory transition to remote delivery that took place because of the pandemic will form a stable basis for further development of digital skills by legal academics. Drawing upon the notion of academic resistance as well as the well-known distinctions between surface and deep approaches to learning and intrinsic and extrinsic student motivation, I argue that the impact of the rapid and obligatory transition to remote delivery upon academic motivation, morale, and freedom exposes law schools to the risk that, without mindful intervention, the quality of technology-enhanced learning in law schools will be lower than optimal.
{"title":"‘What Would Denis Have Done?’ A Critical Reflection Upon 2020’s Rapid and Obligatory Transition to Remote Delivery","authors":"Nick James","doi":"10.53300/001c.55503","DOIUrl":"https://doi.org/10.53300/001c.55503","url":null,"abstract":"In 2020, the COVID-19 pandemic forced law schools to rapidly transition to remote delivery of their programs and to place a greater emphasis upon technology-enhanced learning. Those legal academics who were unfamiliar with this method of delivery were obliged to very quickly develop their digital skills to facilitate this transition. The outcomes of this transition were mixed: while most law schools managed to continue to deliver their programs during the pandemic, student feedback about the quality of the remote delivery was not always positive. Nevertheless, the emphasis upon remote delivery and technology-enhanced learning is likely to continue and even increase in the coming years. In this paper I interrogate the assumption that the rapid and obligatory transition to remote delivery that took place because of the pandemic will form a stable basis for further development of digital skills by legal academics. Drawing upon the notion of academic resistance as well as the well-known distinctions between surface and deep approaches to learning and intrinsic and extrinsic student motivation, I argue that the impact of the rapid and obligatory transition to remote delivery upon academic motivation, morale, and freedom exposes law schools to the risk that, without mindful intervention, the quality of technology-enhanced learning in law schools will be lower than optimal.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41795914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The private decisions of the five “Big Tech” (“BT”) companies (Facebook, Apple, Alphabet Inc, Amazon and Microsoft) have very public results as they play a significant role in social, economic and political life. This article explores the purpose of these companies in the context of the current debate about corporate purpose in order to understand their role in society and to explore how they should be governed. The concept of “purpose” has a number of meanings depending on the different contexts and the different disciplines involved in the study. Part II of the article examines the notion of corporate purpose which forms part of a wide-ranging and topical debate as to the interests which should be taken into account by boards in making operational decisions. Often the choice in managing or overseeing the management of the company is framed as a binary choice between acting in the interests of shareholders or acting in the interests of broader stakeholder constituents. In reality, the issue is more nuanced and complex and the quest for an answer extends into a discussion of company law obligations and directors’ duties. The positioning of BT companies in relation to this understanding of purpose is then reviewed. Part III of the article examines what may be viewed as a managerial corporate purpose concept. This constitutes a tool to guide management and to signal “the direction and the reason for the company’s existence”. The use by BT companies of this tool is explored and its usefulness evaluated. Finally, Part IV of the article considers three policy proposals which might be considered in the area of corporate governance: the application of board suitability requirements; the introduction of a public benefit purpose and the use of public interest directors.
{"title":"Purpose, Values and Governance in Big Tech Companies","authors":"Blanaid Clarke","doi":"10.53300/001c.40233","DOIUrl":"https://doi.org/10.53300/001c.40233","url":null,"abstract":"The private decisions of the five “Big Tech” (“BT”) companies (Facebook, Apple, Alphabet Inc, Amazon and Microsoft) have very public results as they play a significant role in social, economic and political life. This article explores the purpose of these companies in the context of the current debate about corporate purpose in order to understand their role in society and to explore how they should be governed. The concept of “purpose” has a number of meanings depending on the different contexts and the different disciplines involved in the study. Part II of the article examines the notion of corporate purpose which forms part of a wide-ranging and topical debate as to the interests which should be taken into account by boards in making operational decisions. Often the choice in managing or overseeing the management of the company is framed as a binary choice between acting in the interests of shareholders or acting in the interests of broader stakeholder constituents. In reality, the issue is more nuanced and complex and the quest for an answer extends into a discussion of company law obligations and directors’ duties. The positioning of BT companies in relation to this understanding of purpose is then reviewed. Part III of the article examines what may be viewed as a managerial corporate purpose concept. This constitutes a tool to guide management and to signal “the direction and the reason for the company’s existence”. The use by BT companies of this tool is explored and its usefulness evaluated. Finally, Part IV of the article considers three policy proposals which might be considered in the area of corporate governance: the application of board suitability requirements; the introduction of a public benefit purpose and the use of public interest directors.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47347109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article is written in honour and in memory of my dear colleague the late Professor Denis Ong — a talented, hard-working, and deservedly leading, authority on equity. Here, I seek to articulate a potential ‘codification’ of the equitable doctrine of unconscionable dealings. While I have been advocating a reform-oriented codification of Australia’s contract law, including the equitable doctrine of unconscionable dealings, for almost 15 years, the ambition of this article is limited to a restatement of lex lata. On my path to that goal, I start by providing a brief overview of the origins of the equitable doctrine of unconscionable dealings. I then proceed to discuss Professor Ong’s view of the equitable doctrine of unconscionable dealings before I engage with the modern key cases on the topic. Having outlined my proposed codification of the equitable doctrine of unconscionability, I then say a few words about the relationship between the equitable doctrine of unconscionability and unconscionability under the Australian Consumer Law (ACL), before concluding the article with some final observations.
{"title":"An Attempt at Codifying the Equitable Doctrine of Unconscionable Dealings","authors":"D. Svantesson","doi":"10.53300/001c.38924","DOIUrl":"https://doi.org/10.53300/001c.38924","url":null,"abstract":"This article is written in honour and in memory of my dear colleague the late Professor Denis Ong — a talented, hard-working, and deservedly leading, authority on equity. Here, I seek to articulate a potential ‘codification’ of the equitable doctrine of unconscionable dealings. While I have been advocating a reform-oriented codification of Australia’s contract law, including the equitable doctrine of unconscionable dealings, for almost 15 years, the ambition of this article is limited to a restatement of lex lata. On my path to that goal, I start by providing a brief overview of the origins of the equitable doctrine of unconscionable dealings. I then proceed to discuss Professor Ong’s view of the equitable doctrine of unconscionable dealings before I engage with the modern key cases on the topic. Having outlined my proposed codification of the equitable doctrine of unconscionability, I then say a few words about the relationship between the equitable doctrine of unconscionability and unconscionability under the Australian Consumer Law (ACL), before concluding the article with some final observations.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46248180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Sport has developed a global anti-doping regulatory regime of great sophistication. It is polycentric — operating at both the national and international level — and hybrid — combining contractual, criminal and administrative tools with public and private enforcement mechanisms. The regime is not without its challenges and tensions, however. Functional, democratic and normative challenges abound. There also are tensions that arise from nesting private transnational regulatory regimes in public domestic legal structures. This article critically examines these challenges and tensions using the Essendon Football Club v Australian Sports Anti-Doping Authority as its case study. That case considered the legality and propriety of the Australian Football League collaborating with the state’s anti-doping regulatory authority to investigate alleged anti-doping rule violations in breach of the World Anti-Doping Code. This case illustrates the challenges that arise when the interests of players, clubs, competition administrators, national regulators, and sports’ global guardians, do not align. The article establishes that while sports’ global anti-doping regime has proven itself to be functionally stable, opportunities exist to broaden the regime’s democratic credentials to give other stakeholders a more meaningful voice. Doing so would not only improve the regime’s sense of fairness and justice, it also might improve its effectiveness.
{"title":"Sports’ Global Anti-Doping Regulatory Regime: The Challenges and Tensions of Polycentricity and Hybridity","authors":"E. Windholz","doi":"10.53300/001c.38798","DOIUrl":"https://doi.org/10.53300/001c.38798","url":null,"abstract":"Sport has developed a global anti-doping regulatory regime of great sophistication. It is polycentric — operating at both the national and international level — and hybrid — combining contractual, criminal and administrative tools with public and private enforcement mechanisms. The regime is not without its challenges and tensions, however. Functional, democratic and normative challenges abound. There also are tensions that arise from nesting private transnational regulatory regimes in public domestic legal structures. This article critically examines these challenges and tensions using the Essendon Football Club v Australian Sports Anti-Doping Authority as its case study. That case considered the legality and propriety of the Australian Football League collaborating with the state’s anti-doping regulatory authority to investigate alleged anti-doping rule violations in breach of the World Anti-Doping Code. This case illustrates the challenges that arise when the interests of players, clubs, competition administrators, national regulators, and sports’ global guardians, do not align. The article establishes that while sports’ global anti-doping regime has proven itself to be functionally stable, opportunities exist to broaden the regime’s democratic credentials to give other stakeholders a more meaningful voice. Doing so would not only improve the regime’s sense of fairness and justice, it also might improve its effectiveness.","PeriodicalId":33279,"journal":{"name":"Bond Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48780009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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