Benjamin Buckingham v Australian Athletics

The Appellant, Benjamin Buckingham, is an athlete and member of the Respondent, Australian Athletics, the National Sporting Organisation for athletics in Australia.

On 10 June 2026, Australian Athletics lodged an application with the National Sports Tribunal (NST) following the Appellant’s non‑nomination for the Men’s 3000 metre steeplechase event at the 2026 Commonwealth Games (the Games) in Glasgow, Scotland. No Interested Parties were joined to the proceedings.

The nomination and selection of athletes for the Games is governed by the Team Nomination, Selection and Appeals By-Law (the By-Law) and the Australian Athletics Nomination Policy - 2026 Commonwealth Games, Glasgow, Scotland (the Policy).

The Appellant submitted that the Policy was not properly applied and that there was no material basis for the decision, arguing in particular that the Australian Athletics Selection Committee relied on an incorrect or unreasonable assessment of his Commonwealth ranking and thereby failed to properly assess his performance and position against the criteria in the Policy.

Australian Athletics submitted that its Selection Committee exercised its discretion in accordance with the Policy and its objective of selecting the most competitive team, having considered a range of relevant discretionary factors, including the Appellant’s performances, form, and medal prospects.

An oral hearing was held on 15 June 2026.

On 16 June 2026, the NST Panel dismissed the appeal, finding that Australian Athletics Selection Committee exercised its discretion reasonably, in good faith, and in accordance with the Policy, and that there was a material basis for the Appellant’s non‑nomination.