Player contracts determine an athlete’s career trajectory, yet many contain terms that put players at risk. Some of the most common issues include:

• Unfair termination provisions that allow a club to end the contract without fair compensation

• Restrictive transfer clauses that limit movement to new teams or leagues

• Vague or poorly drafted bonus and incentive structures that lead to disputes

• Image and data rights clauses that hand commercial control of an athlete’s likeness or statistics to the club

• Clauses that do not comply with federation or league rules, which can make a contract unenforceable

At BlackBay Lawyers, we:

• Negotiate fair terms that reflect an athlete’s true value

• Ensure contracts comply with all sporting regulations

• Safeguard both financial rewards and career opportunities

Crisis response and regulatory defence is a specialised area of legal practice focused on helping organisations, boards, executives and individuals manage high-risk situations that could damage their legal position, reputation or business operations. This can include regulatory investigations, public inquiries, dawn raids, shareholder disputes, data breaches, financial crime allegations or media scrutiny.

The aim is to provide a coordinated strategy that addresses the legal, regulatory, commercial and reputational aspects of a crisis. This often involves engaging with regulators, conducting internal investigations, preparing responses, advising on communications and implementing steps to contain risk and protect the organisation’s future.

Transfers operate under a mix of legal and sporting rules. For athletes and clubs, risks often arise because transfers involve:

• International rules: compliance with FIFA Regulations and the Transfer Matching System

• Domestic regulations: league and federation transfer rules layered over contract and employment law

• Immigration and taxation: visas, work permits and international tax treatment

• Multiple stakeholders: selling and buying clubs, agents, sponsors and regulators

We help by:

• Drafting and reviewing transfer agreements

• Coordinating clearances and approvals with governing bodies

• Managing timing and compliance to avoid disputes

• Protecting athletes from restraints that could limit their career progression

Regulatory investigations often begin when a government agency suspects a potential breach of law or compliance failure. This could be triggered by market activity (such as unusual trading), a whistleblower report, media coverage, a customer complaint, an internal audit, or information shared between domestic or international regulators.

In Australia, common triggers include:

• ASIC investigating insider trading, market misconduct or continuous disclosure breaches

• ACCC pursuing cartel conduct, anti-competitive behaviour or consumer law violations

• AUSTRAC examining potential money laundering or reporting failures

• APRA reviewing governance or prudential breaches in financial services

Investigations can occur with or without warning, which is why organisations should have a crisis response plan and clear internal protocols in place.

A dawn raid is an unannounced visit by a regulator to seize evidence or obtain information as part of an investigation. These typically occur early in the morning and are often used by agencies like the ACCC or ASIC when there are concerns about document destruction, collusion or ongoing misconduct.

To prepare, organisations should:

• Develop and regularly review a dawn raid protocol

• Train staff on how to respond and who to contact immediately

• Ensure legal counsel is notified without delay

• Keep records of all documents or data accessed by regulators

• Protect privileged communications and confidential materials

Preparation is critical. The first few hours of a dawn raid can have a major impact on the investigation’s trajectory.

Sport Integrity Australia (SIA) is the national body responsible for protecting integrity in sport. It oversees:

• Anti-doping programs and compliance with the World Anti-Doping Code

• Safeguarding frameworks for child protection and athlete welfare

• Anti-corruption and match-fixing prevention measures

• Complaint and investigation systems under the National Integrity Framework

For athletes, this means:

• Submitting to testing and whereabouts rules

• Complying with codes of conduct

• Being subject to investigation if allegations are made

For clubs and governing bodies, this means:

• Implementing compliant policies

• Educating staff and athletes

• Being accountable for breaches

We advise both individuals and organisations on navigating SIA investigations, preparing submissions, and aligning governance systems with the National Integrity Framework.

The National Sports Tribunal (NST) is a dispute resolution body created specifically for sport in Australia. It offers:

• Arbitration: a binding decision from an expert tribunal member

• Mediation: confidential negotiation facilitated by a neutral mediator

• Conciliation: guided settlement discussions with recommendations

• Case appraisal: a neutral evaluation of the strengths and weaknesses of a case

Key benefits include:

• Faster timelines that align with competition schedules

• Confidential processes that protect reputations

• Specialist decision-makers with expertise in sport and law

• Lower costs than traditional court proceedings

Courts remain available for limited challenges, but for most disputes the NST is the most efficient and credible option.

Directors and senior executives can be held personally liable for corporate misconduct if they are found to have breached their duties, failed to exercise proper oversight or been involved in unlawful conduct. Regulators like ASIC and AUSTRAC routinely pursue individuals — not just companies — for civil penalties, disqualification orders and, in some cases, criminal prosecution.

Directors should ensure they understand their statutory duties, maintain proper governance and risk oversight, and document decision-making processes. Early legal advice is crucial if they are contacted by a regulator or asked to participate in an investigation.

Managing public perception is one of the most critical and often underestimated aspects of a regulatory investigation or corporate crisis. Even when no legal breach is ultimately proven, the reputational consequences of how an organisation is perceived can have long-lasting effects on its financial stability, stakeholder confidence and market position.

Media coverage, investor sentiment, shareholder activism, political commentary and social media narratives can quickly shape the public understanding of a situation before any legal conclusions are reached. A poorly managed media response can intensify scrutiny, prompt further regulatory action, trigger class actions or shareholder litigation, and cause significant damage to brand value and share price.

An effective crisis response strategy must therefore integrate legal defence with strategic communication. This includes careful planning of media statements, regulatory disclosures, investor updates, customer messaging and internal communications. Every statement, whether public or private, should be legally sound, factually accurate, consistent across all channels and aligned with the broader legal strategy.

It is equally important to monitor and manage the ongoing narrative. Real-time media monitoring, rapid response protocols, stakeholder engagement plans and proactive messaging can prevent misinformation from spreading and help shape how the organisation’s actions are perceived by regulators, investors, the market and the public.

Handled correctly, strategic communication not only protects reputation but can also influence the course of the investigation. Regulators are more likely to view a cooperative and well-prepared organisation favourably, while investors, customers and employees are more likely to maintain confidence in its leadership.

This is why leading organisations engage specialist crisis lawyers and communication experts early. Coordinating legal responses, regulatory engagement and public messaging from the outset helps protect the organisation’s interests and preserve long-term value.

The anti-doping process usually involves:

• Notification: the athlete is informed of a positive test or alleged violation

• Provisional suspension: the athlete may be temporarily suspended

• Results management: the evidence is assessed and the athlete can respond

• Hearing: an independent tribunal or the NST determines whether a violation occurred and what sanction applies

Sanctions can include:

• Suspension or bans from competition

• Annulment of results and loss of prize money

• Loss of sponsorships and contracts

• Long-term reputational damage

We assist athletes by:

• Engaging scientific and medical experts to test evidence

• Preparing submissions on fault, negligence and proportionality

• Representing clients at hearings to minimise or contest sanctions

Disputes between athletes and sponsors often involve:

• Exclusivity conflicts where a new deal overlaps with existing rights

• Disagreements over appearances, social media posts or other deliverables

• Disputes about moral clauses and whether behaviour justified termination

• Payment triggers and whether obligations were properly fulfilled

We resolve disputes by:

• Interpreting the contract terms and identifying breaches

• Negotiating settlements or pursuing mediation

• Representing clients in arbitration or litigation if necessary

Prevention is always better than cure. We draft sponsorship agreements with:

• Clear obligations for both parties

• Fair termination clauses

• Reputation safeguards

• Balanced exclusivity rights

Data is now one of the most valuable assets in sport. It includes:

• Performance statistics and biometric data

• GPS tracking and video analysis

• Fan engagement analytics

• Ticketing and membership databases

Legal risks arise because:

• Athlete data is considered sensitive information under the Privacy Act

• Improper use of data can result in breaches, penalties and reputational harm

• Athletes are demanding more control over how their personal information is collected and commercialised

We assist by:

• Drafting athlete consent and withdrawal frameworks

• Negotiating licensing agreements for data use with broadcasters, betting operators and tech partners

• Preparing privacy compliance programs and data breach response plans

• Advising on IP rights in sporting technologies and broadcasting platforms

This allows athletes, clubs and governing bodies to commercialise data responsibly while staying compliant with legal obligations.