Hughes, K.J. v. Western Australian Cricket Association & Ors [1986] FCA 465

Trade Fractices - application under s.82 of Trade Practices Act and accrued jurisdiction - alleged contravention by respondents of

s.45 of the Act - first and second respondents incorporated under Associations Incorporation Act - whether trading corporations in terms of $.4(1) of Trade Practices Act - summary of relevant principles - whether jurisdiction of the Court conditional upon existence of a trading corporation - disqualification of applicant from district cricket consequent upon applicant's participation in South African cricket tour - applicant disqualified pursuant to amended Cricket Council rule - no provision in original rule for disqualification for breach of rule - rule amended by resolution at Cricket Council meeting - Council's understanding of operation of original rule in relation to South African cricketers the subject of a resolution at an earlier meeting - whether conduct of Council members at relevant meetings constituted a contract arrangement or understanding in terms of 5.45 of the Act - resolution to amend found to amount to an understanding between first, second and third respondents - whether understanding contained an exclusionary provision 1n terms of ss.45 and 4D of the Act - meaning of 'purpose' in s.4D - competition between second and third respondents for services of cricketers - whether second and third respondents 'competitive with each other' in terms of s.4D - disqualification provision directed inter alia at applicant and other 'rebel cricketers' - whether 'particular persons' in terms of s.4D - exclusion of South African cricketers from district cricket competition as a result of rule - whether likely effect thereof to substantially lessen competition in terms of s.45 - meaning of 'substantial lessening of competition' - consideration of relevant markets - decision by Cricket Council to reject motion for reinstatement of applicant - whether decision constitutes giving effect to an exclusionary provision or a provision likely to substantially lessen competition in terms of s.45 - contravention of s.45 by first respondent ~ whether second and third respondents involved in the contravention in terms of s.75B ~ disqualification provision automatic in operation and indefinite in duration - whether unreasonable restraint of trade - whether in breach of applicant's alleged right to work - rule prohibits participation in unrecognised matches without the consent of the Cricket Council - permission to play in South Africa sought by applicant - no reply received - whether failure