Applicant v National Sporting Organisation

The Applicant is a member of the National Sporting Organisation (Respondent) responsible for the management of a sport. The Respondent issued a  breach notice in November 2023 to the Applicant for alleged conduct contrary to the Respondent’s policies. 

Included in that breach notice was provisional action that had been recommended from an external investigation commissioned by the Respondent that included immediate suspension of the Applicants Membership.

The Applicant applied to the National Sports Tribunal in February 2024 requesting a determination of a dispute (identified as the alleged breaches advised by the Respondent) but ultimately lead to a determination of the validity of the provisional action.

The matter was heard on 21 June 2024 via videoconference with the Tribunal determining that the provisional action was invalid from 26 June 2024. The determination discusses the issue of proportionality of the provisional action.