Vivien Lipshut v Equestrian Australia & Dressage New South Wales

The Applicant is the owner of the horse Estupendo, which competed at the 2024 Australian Dressage Championships (the Championships). The Championships were conducted by the Second Respondent, Dressage New South Wales, on behalf of the First Respondent, Equestrian Australia. 

The Applicant sought the NST Member to determine that the points methodology to award the 2024 Australian Grand Prix Champion at the Championships was incorrect. Namely, that a percentage-based scoring system should have been used instead of a points-based scoring system, which would have resulted in Estupendo being the 2024 Australian Grand Prix Champion. 

The NST Member considered submissions and evidence from the Applicant and each Respondent, together with common law contractual interpretation principles and their application to sporting rules, to uphold the Applicant’s appeal. 

Furthermore, the NST Member outlined the “field of play” doctrine at the National Sports Tribunal (the Tribunal), which may provide clarity to the sporting industry as to the potential limits of the Tribunal’s jurisdiction under the National Sports Tribunal Act 2019 (Cth).