Trevor Bassett v Croquet Australia

The Applicant, a professional athlete, challenged the validity of the Croquet Australia Selection Policy (Selection Policy), which in turn affected the validity of a selection and eligibility decision made by the Respondent, Croquet Australia.

Although the Athlete did not directly dispute the Respondent’s decision not to select him for the 2026 Australian MacRobertson Team, he argued that the selectors relied on an invalid version of the Selection Policy. The core issue was whether amendments introduced in late October 2025 set out in Versions 9 and 9.1 of the policy were validly enacted and in force at the time the selection decision was made.

In early 2025, the Respondent operated under Version 8 of its Selection Policy, which included mandatory eligibility criteria set out in clause 3.2. Although the Board reviewed Version 8 in January 2025, it made no substantive changes to these eligibility requirements. The Australian MacRobertson Squad was selected in May 2025, and all Squad members signed Player Agreements requiring compliance with the operative policy.

On 22 October 2025, shortly before the final team was due to be chosen, the Board approved amendments to clause 3.2(c). These changes were published online as Version 9 on 24 October 2025. A further amended Version 9.1 was issued on 27 October 2025. This was the same day the six member Team and one reserve were selected. Two members, including the Applicant, were not selected.

The Applicant contended that Versions 9 and 9.1 were invalid, as they were introduced after the selection process was already underway and had not been promulgated in accordance with the NSO’s Constitution. He sought a declaration that Version 8 remained the only valid Selection Policy and that the Team should be reselected under that version. The Respondent submitted that the Board was empowered to amend the policy at any time it considered necessary or desirable and that Version 9.1 was validly applied.

The Tribunal examined the amendments and found that they substantially altered athlete eligibility. Under Version 8, four players ultimately selected for the Team would have been ineligible. The Tribunal accepted that while the Board held power to amend policies, the Constitution imposed a mandatory requirement to notify Members of amendments by personal service, post, or email.

Accordingly, the Tribunal held that the amendments in Versions 9 and 9.1 were not validly promulgated and therefore had no effect at the time of team selection on 27 October 2025. Version 8 remained the operative Selection Policy. The Applicant’s appeal succeeded to the extent of establishing the invalidity of Versions 9 and 9.1.