Carlton star Greg Williams was suspended for nine weeks by the AFL tribunal in the first round of the season. He and Carlton went to the Victorian Supreme Court which granted an injunction and overturned the suspension. The AFL appealed to the Victorian Court of Appeal which reimposed the ban last week — more than half way through the AFL year. The case has cost more than $200,000. And now Carlton and Williams are thinking of a High Court appeal.
The saga has caused many to call for lawyers to get out of sport. That view is understandable one, but unfortunate. It is sad that the costs and delays in the administration of law and justice in Australia cause the very injustices that the legal system is supposed to be remedying.
In a liberal democracy such as Australia where the rule of law is fundamental, the courts do have a general supervisory role in society where people’s rights are affected and that should and must run to things like sporting tribunals, bodies corporate, clubs and so on. Obviously the courts should intervene only in rare cases of manifest injustice and not muddy their hands in the nuances and detail of the rules of the game and tribunal procedure and they should make it clear this is the general position so appeals will generally be pointless.
But once they take a sport case, justice demands that it be dealt with very quickly indeed. To have allowed Williams to play for half a season was an injustice. It was such an injustice that popular opinion suggests people would prefer no court interference instead of welcoming the courts’ proper role in making sure sport tribunals do not go completely off the rails, which they can do in rare cases.
The courts and lawyers have themselves to blame for this sorry state. They would be more welcome if they could keep costs and delay under control.