Barnard, R.G. & Ors v Australian Soccer Federation & Ors [1988] FCA 180

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'JUDGMENT. No. (@O/ Se...

CATCHWORDS

TRADE PRACTICES - ban by international sporting body - whether part-time professional soccer player protected by s.45 - meaning of "services".

TRADE - RESIDUAL MATTERS - restraint of trade by arrangement between controlling bodies of sport - purpose to prevent Players engaging in competing sport - whether prima facie

valid - whether acting at behest of international controlling body a defence.

Trade Practices Act 1974, ss.4(1), 4D, 45

Richard Gordon Barnard & Ors

v. Australian Soccer Federation & Ors Qld G40 of 1988

PINCUS J. BRISBANE 29 APRIL 1988

03 MAY 1983

FEDERAL _COURT OF AUSTRALIA PRINCIPAL

REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA )

Ss ISTRICT REGISTRY ) QLD G40 of 1988 G DIVISION ) BETWEEN: RICHARD GORDON BARNARD

First Applicant AND: AUSTRALIAN INDOOR SOCCER FEDERATION INC.

Second Applicant AND: QUEENSLAND INDOOR SOCCER ASSOCIATION INC.

Third Applicant AND: AUSTRALIAN SOCCER FEDERATION

First Respondent AND: IAN P. BRUSASCO and ALAN J. VESSEY

Second Respondents

AND: ST. HELEN'S UNITED SOCCER AND RECREATION CLUB PTY LTD

Third Respondent AND: COALSTARS SOCCER FOOTBALL CLUB INC.

Fourth Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER : 29 APRIL 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. until the final determination of these proceedings or earlier order, the respondents and each of them be restrained from acting upon or in any way enforcing or attempting to enforce, in relation to the first applicant, the decision of the Australian Soccer Federation notified by the letters from the Executive Director of the Queensland Soccer

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Federation dated 15 February 1988, which letters begin, "At the Executive Meeting of the Australian Soccer Federation it was decided the Australian

Soccer Federation is to proceed in accordance with the ruling of F.I.F.A. ...";