This is an interesting read:
http://www.footyindustry.com/?page_id=274
It sounds like there are a lot of differences between the NRL case and the AFL.
The key argument based on case law appears to be around, Is there a legitimate interest in need of protection?; Is the restrain reasonable in that circumstance?; Is the restraint against the public interest?
From the article:
"The AFL system allows drafting for a 2 year period, before allowing players to change clubs via trade, preseason or national drafts. In 2012 it enters a new phase where a limited form of free agency is permitted – and some would say it has been something of a success with 17 players traded during this period.
The AFL draft has never been challenged in all the years since the NSWRL case primarily since the players and player association all signed on. Its thought that when combined with the salary cap that the AFL could quite easily prove that it achieves its aims of a more even and competitive league."
http://www.footyindustry.com/?page_id=274
It sounds like there are a lot of differences between the NRL case and the AFL.
The key argument based on case law appears to be around, Is there a legitimate interest in need of protection?; Is the restrain reasonable in that circumstance?; Is the restraint against the public interest?
From the article:
"The AFL system allows drafting for a 2 year period, before allowing players to change clubs via trade, preseason or national drafts. In 2012 it enters a new phase where a limited form of free agency is permitted – and some would say it has been something of a success with 17 players traded during this period.
The AFL draft has never been challenged in all the years since the NSWRL case primarily since the players and player association all signed on. Its thought that when combined with the salary cap that the AFL could quite easily prove that it achieves its aims of a more even and competitive league."
Personally I am not a fan of the draft. Think we reward the best player in any draft with the shittiest club. Players should be able to ply their trade where they see fit. The NRL seems to survive without one and there still seems to be a reasonable turnover of premiers over time. For those that argue the non AFL state clubs would suffer Melbourne Storm disprove this theory.
Last edited:


